ZK Results – Attorneys Joni Mangino, Aaron Weiss, and Zach Evans Obtain Dismissal of Untimely Lawsuit filed Against Dentist
(Butler County, PA) (April 2022). Zimmer Kunz attorneys Joni Mangino, Aaron Weiss, and Zach Evans recently obtained the dismissal of a lawsuit filed against a dentist by two former patients. The lawsuit was initially commenced by a Writ of Summons and claimed injuries for medical malpractice. However, once the Complaint was filed it alleged only the failure to reimburse various amounts spent on dental work and sought claims for Breach of Contract (Count I), “Bad Faith” (Count II), and violation of the Unfair Trade Practices and Consumer Protection Law (“UTPCPL”) (Count III).
Zimmer Kunz filed Preliminary Objections on behalf of the dentist, including inter alia, arguments that (1) the cause of action for Breach of Contract was barred by the statute of limitations, having been filed 12 days late; (2) there is no recognized cause of action for “Bad Faith” in Pennsylvania against non-insurance entities; and (3) a plaintiff may not pursue a UTPCPL cause of action against a medical provider.
After briefing and oral arguments, Judge S. Michael Yeager sustained the Preliminary Objections and dismissed all claims, with prejudice.