by John DiLiberto
Mark Robbins’ civil claim against Leo Glodzik III, owner of LAG Towing, for libel and defamation was dismissed without prejudice in Magisterial District Judge Diana Malast’s Plains courtroom Friday morning, March 8th. Glodzik was accompanied by his lawyer, Joseph Sklarosky, who requested that the case be dismissed with prejudice on the grounds that magisterial court lacked jurisdiction in a tort proceeding.
Judge Malast agreed with Sklarosky regarding jurisdiction, but nevertheless left open the opportunity to re-file the grievance in the proper venue by refusing to dismiss with prejudice as Sklarosky had suggested. According to Mr. Robbins, re-filing is exactly what he plans to do and so he has already spoken with his own attorney to plot the correct course moving forward.
Originally filed with District Judge Rick Cronauer’s office, the claim was re-assigned by the County Court Administration Office to Judge Malast, Plains District 11-3-08, upon Cronauer’s recusal. Malast cited Pennsylvania Consolidated Statutes Title 42, Chapter 1515 in her dismissal, noting that Robbins’ action fell into none of the three categories of civil claims—seeking $12,000 or less in damages—which would rightly belong within her purview: 1) In assumpsit, involving breach of a simple contract; 2) In trespass, concerning all forms of trespass; and 3) Fines or penalties by any government agency.