Pennsylvania Attorneys Prevail Against Plaintiff’s Appeal Following Wrongful Termination Trial

Pittsburgh Partner Trisha A. Gill and Attorney Bridget K. Fitzpatrick recently succeeded in defending against an appeal filed in the Superior Court of Pennsylvania by a former employee of our automotive dealership client, which challenged various rulings by the trial court in the September 2024 wrongful termination jury trial which resulted in a verdict in our client’s favor.

Plaintiff was an autobody technician employed by our client until he was terminated in 2021. Later that same year, Plaintiff filed suit against our client, claiming that he was wrongfully terminated in violation of Pennsylvania public policy for refusing to commit insurance fraud. At the jury trial in September 2024, Litchfield Cavo defense attorneys Trisha Gill and Bridget Fitzpatrick successfully defended against Plaintiff’s claim by establishing that Plaintiff was never asked to commit any crime and was terminated due to his performance and poor attitude at work. After a five-day trial, a jury in the Court of Common Pleas of Bedford County rejected Plaintiff’s claim and entered a verdict in favor of our client.

Following the entry of judgment, Plaintiff filed a post-trial motion challenging various rulings by the trial court prior to and during the trial. Plaintiff’s motion was denied and he appealed to the Pennsylvania Superior Court. Plaintiff’s appeal raised issues including whether the trial court erred in refusing to excuse a juror who failed to disclose a distant familial relationship to one of our client owners during voir dire, whether the trial court erred in several evidentiary rulings, and whether the trial court erred in refusing to provide a formal jury instruction on the Cat’s Paw Theory.

At oral argument before a panel of the Pennsylvania Superior Court in December 2025, Bridget Fitzpatrick argued that the trial court’s rulings were all substantively proper, that no abuse of discretion by the trial court had occurred, and to the extent any ruling was improper, it was harmless error.

In April 2026, the Superior Court issued an opinion affirming the trial court’s rulings and affirming the judgment of the jury in our client’s favor. Plaintiff did not seek further review with the Pennsylvania Supreme Court, so the jury’s verdict and judgment in our client’s favor is final.

Trisha focuses her practice on defending clients against claims of discrimination as well as other employment law matters. Her practice includes litigating Whistleblower claims, Title VII of the Civil Rights Act, Americans with Disabilities Act (ADA), Age Discrimination in Employment (ADEA) and Family Medical Leave Act (FMLA) claims. Attorney Gill also defends employers in claims of wrongful discharge, breach of employment contract (restrictive covenant) and those filed under Pennsylvania’s Wage Payment and Collection law.

Bridget focuses her legal practice on employment litigation, general liability, professional liability, insurance coverage and toxic torts.