Pasonick’s attorneys seek gag order in Salem Township sewer suit

Author: Bob Kalinowski
Date Published: 11/06/2014

Attorneys representing engineer Michael Pasonick in a lawsuit filed by Salem Township want a judge to issue a gag order in the case, claiming the township’s solicitor is attempting to litigate the case in the media.

Salem Township sued Pasonick in October, claiming a 2007 sewer project was marred by shoddy work that continues to be corrected by new contractors. Months earlier, The Citizens’ Voice had revealed the borough’s dissatisfaction with Pasonick’s work and quoted solicitor Anthony McDonald throughout the report.

Pasonick’s attorney on Thursday filed court documents asking a judge to block anyone from the borough from making comments to the media that might influence a jury.

“In light of the steady stream of misleading and inflammatory remarks by Plaintiff’s counsel, this Honorable Court should act preemptively to avoid the likelihood of irreparable prejudice …” wrote Pasonick’s attorneys James Doherty and Kevin Hayes.

They note that “the plaintiff’s campaign to try this case in the media, instead of a court of law, is evident.”

The municipality’s lawsuit claimed the project, designed and overseen by Pasonick, was plagued with nearly 70 deficiencies.

Pasonick’s designs were faulty, he failed to supervise sub-contractors properly and he didn’t get required pre-approval for costly change orders, according to the lawsuit. In the lawsuit, Salem Township said it is seeking damages in excess of $1 million.

Earlier this week, Pasonick’s attorneys asked a judge to dismiss the lawsuit because the allegations were too vague, which prevented Pasonick from being able to file a proper response.

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