Winget, Spadafora & Schwartzberg LLP’s Philadelphia, Pennsylvania office successfully secured a judgment on the pleadings in the Westmoreland County Court of Common Pleas.  The Order successfully resolved all claims brought against WSS’s client relating to the alleged theft by one of its employees.

The complaint alleged that an employee of WSS’s client, an insurance broker, committed a theft by false pretenses.  The complaint sought damages of close to one million dollars for losses of the theft, or fraudulent investment scheme, and to hold WSS’s client liable on a theory of vicarious liability for the alleged wrongdoing.   We argued that the tort theories failed to state a claim as the actions of the employee occurred outside of the ordinary course of business.  Similarly,  we argued that the theory for breach of contract failed to state a claim on grounds that Plaintiff failed to plead sufficient facts for an inference of apparent authority and therefore the Plaintiff could not bind WSS’s client to the actions of its employee.  In an order entered without a written decision, the Court  dismissed all counts raised against WSS’s client.

Doug Fogle, an associate in WSS’s Philadelphia office, was responsible for briefing and argument. Jessica Laske, as associate in WSS’s Philadelphia office, collaborated on the legal research and briefing.