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Spisak v. Margolis Edelstein

Dismissal of plaintiff's complaint against the law firm that had represented plaintiff's adversary in a previous suit was warranted where allegations of firm's misconduct relating to discovery had already been raised and litigated in the previous case and where plaintiff failed to bring a motion to compel or to appeal the final decision rendered in the original case

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� 1 Following a successful trial in which George A. Spisak, Jr., alleged the bad faith of his employer’s insurance company in handling his work-related claim, Spisak sued the law firm which defended the insurance company, asserting that his damage award was less than it would have been but for the firm’s improper redaction of certain documents produced during discovery. The trial court, by the Honorable Judith L. A. Friedman, granted the firm’s preliminary objections on collateral estoppel grounds, concluding that this issue was previously litigated. We affirm.

� 2 Spisak sued Penn National Insurance Company (“Penn National”) for bad faith in handling his claim under his employer’s uninsured motorist coverage for injuries he sustained while driving a company service truck. *fn1 Throughout the litigation, Penn National was represented by Margolis Edelstein (“Margolis”), and lead counsel Arthur Bloom, Esquire, a partner at Margolis. The claim came to trial before the Honorable Livingstone M. Johnson in November 1998 in the Court of Common Pleas of Allegheny County. Spisak was awarded $750,000 in punitive damages and $62,400 in interest. Penn National did not appeal.

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