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Daniel D. Stofko

Updated: August 28th, 2020 | Scranton | Lawyer List D | Margolis Edelstein | Bankruptcy, Construction Law, General Liability, Product Liability,

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Address: 220 Penn Avenue, Suite 305, scranton, PA, 18503
Law Firm: Margolis Edelstein
Phone: (570) 257-6179
Fax: 570-342-4841
Website: http://www.margolisedelstein.com

First Year of Call
Areas of PracticeBankruptcy, Construction Law, General Liability, Product Liability
DescriptionDaniel D. Stofko is a partner in the firm’s Scranton office. He concentrates his practice in general insurance defense, civil litigation, fire loss litigation and municipal, automobile and premises liability. Mr. Stofko is a member of the Pennsylvania and Lackawanna Bar Associations. He also serves as a volunteer for the Lackawanna Bar Association’s Pro Bono Program. He is admitted to practice in all Pennsylvania courts, as well as the U.S. District Courts for the Western, Middle and Eastern Districts of Pennsylvania. Daniel earned his B.S. in Environmental Science from the University of Scranton and his J.D. from the University of Pittsburgh School of Law, as well as a Certificate of Advanced Study in Environmental Law, Science and Policy. Mr. Stofko resides in Northeastern Pennsylvania with his wife and their three children. Representative Matters: Defense Verdict in Product Liability Case – Obtained a defense verdict on behalf of a client in a product liability case tried in the United States District Court for the Middle District of Pennsylvania through cross-examination which revealed inconsistencies in the plaintiff’s testimony and convinced the jury that the product failure was due to Plaintiff’s own misuse. Summary Judgment for Snow Removal Contractor – Obtained summary judgment in the Lackawanna County Court of Common Pleas on the basis of the Hills and Ridges Doctrine in successfully defending client snow removal contractor in a slip and fall case. The decision, appealed by the Plaintiff, was affirmed by the Superior Court. Summary Judgment Affirmed by Superior Court – Rovinsky v. Lourdesmont – Obtained Summary Judgement in the Lackawanna County Court of Common Pleas decision in a slip and fall case that arose out of a cafeteria food fight, arguing that the Plaintiff’s deposition testimony demonstrated that the Plaintiff was aware of the risk created by the food fight and that she voluntarily chose to encounter such risk. The decision, appealed by the Plaintiff, was affirmed by the Superior Court. Summary Judgment Victory for School District… and for Continued Access to Public Parks – Obtained summary judgment in Luzerne County on behalf of a local school district, in a case involving a child who was injured as a result of being pushed from playground equipment by another child by demonstrating that the real property exception to immunity did not apply, as it can be applied only to those cases where it is alleged that the artificial condition or defect of the land itself causes the injury, not merely when it facilitates the injury by the acts of others, whose acts are outside the statute’s scope of liability Discovery Sanctions Lead to Early Summary Judgment on Behalf of Client – Obtained summary judgment on behalf his client in a lawsuit arising out of a residential construction project after the plaintiff failed to produce responses to detailed discovery requests and failed to comply with several Orders of Court compelling full and complete responses; sanctions against the plaintiff, which included the preclusion of all evidence and responses not produced were sought and obtained which resulted in an early summary judgement. Summary Judgment Obtained on Claims of Fraud, Negligent Misrepresentation and Violation of Consumer Protection Laws – Obtained summary judgment in the United States District Court for the Middle District of Pennsylvania in a case filed by a homebuyer alleging fraud, negligent misrepresentation, and violation of consumer protection laws against multiple parties in the context of a land purchase and home construction agreement; Attorney Stofko built a case through further discovery and moved for summary judgment on the basis that plaintiffs could not establish justifiable reliance, as required under each claim. Motion for Summary Judgment Granted in Parking Lot Trip and Fall – Obtained summary judgment in favor of a large retail client in a premises liability case filed in Luzerne County, Pennsylvania by uncovering a large body of fact-specific Pennsylvania case law in support of the proposition that it is the Plaintiff’s burden to provide sufficiently detailed testimony positively identifying the specific defect alleged to have caused the trip and fall incident, rather than general allegations regarding alleged defects in a given area of a sidewalk or parking lot.
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Margolis Edelstein

Since 1955, Margolis Edelstein has forged the diverse talents of many individuals into one of Pennsylvania’s foremost law firms. In 1982, we expanded into New Jersey. Our practice includes many areas of law, however we specialize in defense litigation. While we practice on a regular basis in Philadelphia, Pittsburgh, Scranton, Harrisburg, and in New Jersey, we frequently take the leading role in defending and/or monitoring complex cases for our c…

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