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Kristy M. Castagna

 

Kristy Castagna joined the firm in 2009.  She previously worked as an Assistant Public Defender in the Public Defender’s Office in Berks County from 2008 to 2009.  During her time as an Assistant Public Defender, Kristy defended hundreds of clients in hearings and trials.  She was also involved in numerous appeals to the Superior and Supreme Court.

Kristy focuses her practice on professional malpractice litigation.  She has a particular concentration in the representation of insurance agencies, insurance agents and insurance brokers.  Kristy also defends physicians, nurses, hospitals, health care systems, lawyers and law firms in professional malpractice claims.  Other areas of her practice include commercial, auto and general liability as well as criminal defense and appellate practice.

      

Kristy graduated with honors from Gwynedd-Mercy College in 2003 with a degree in Biology and a minor in Chemistry.  Kristy earned her Juris Doctorate in 2007 from Widener University School of Law, where she graduated cum laude, and was inducted into the National Honor Society, Phi Kappa Phi.  During law school, Kristy was a certified legal intern with the Supreme Court of Pennsylvania, and worked for the Chester County District Attorney’s Office.  She is admitted to practice in Pennsylvania, New Jersey, and New York as well as the United States District Court for the Eastern District of Pennsylvania.  She is a member of the Pennsylvania and Montgomery Bar Associations.

Kristy was born in Upper Darby and raised in Downingtown, Pennsylvania.  She currently resides with her husband, Juan, and her three children, Juan, Augustino and Jovanni, in Chester County. 

RECENT NEWS & CASES

Kristy recently successfully defended Greyhound Lines, Inc. in the United States Eastern District of Pennsylvania where it was alleged that the bus was travelling at a high rate of speed and slammed on its brakes to avoid an accident that occurred in front of it.  Six bus passengers sued the bus company alleging that as a result of the accident, they suffered serious injuries.  One bus passenger sought damages in excess of $100,000.00.  Kristy argued that the Sudden Emergency Doctrine applied to absolve Greyhound Lines, Inc. and the driver from liability.  A judgment was entered in favor of the Greyhound Lines, Inc. 

Kristy recently successfully defended an insurance broker in Luzerne County.  It was alleged that the insurance broker failed to warn the insured of the consequences of changing his motorcycle insurance which included a decrease in the amount of underinsured motorist coverage that would be available in the event of an accident.  Kristy argued that no such duty existed as the insurance broker had no duty to inform an insured what affect changing insurance would have on other policies of insurance to which the broker was not the producer.  The Court agreed with Kristy and dismissed the complaint with prejudice on Preliminary Objections.  The decision was affirmed by Superior Court. 

Kristy recently successfully defended a criminal defense lawyer in Bucks County.  It was alleged that the lawyer failed to properly investigate his client’s case which led the client to plead guilty to a crime he did not commit.  Particularly, the client alleged that the lawyer failed to investigate the age of the victim as it related to statutory indecent assault.  The complaint was filed nine years after the representation occurred.  The client justified his late filing by alleging he did not discover the possible issue with the age of the victim until after his release from jail.  In spite of the numerous defenses that were available on the merits of the case for the lawyer, Kristy successfully argued that the case was barred by the Statute of Limitations and the case was dismissed with prejudice on a Motion for Judgment on the Pleadings.

Kristy recently successfully defended a city solicitor in the United States Middle District of Pennsylvania against allegations of legal malpractice and civil conspiracy.  The complaint alleged that the city solicitor gave legal advice to the plaintiff regarding their property to which the plaintiff relied on to his detriment.  The complaint also alleged that the city solicitor conspired with other defendants to harm plaintiff.  Kristy successfully argued that the solicitor owed no duty to plaintiff and was immune from any claim of conspiracy under the civil rights acts as long as he or she is acting within the scope of his or her job.  Kristy was successful on her Motion to Dismiss which was later affirmed by the United States Third Circuit Court of Appeals. 

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