On The Pulse … OUR LITIGATION ACHIEVEMENTS... We Are Proud Of Our Attorneys For Their Recent Accomplishments... - DD 12/03
Defense Digest
On The Pulse … OUR LITIGATION ACHIEVEMENTS... We Are Proud Of Our Attorneys For Their Recent Accomplishments...
Diane Magram (Cherry Hill, NJ) obtained summary judgment as to liability before the Honorable Louis Meloni in the Superior Court of New Jersey, Camden County. Our clients were the second vehicle in a six-car chain reaction rear-end accident. The motion had been previously denied without prejudice pending additional discovery. After the depositions of most of the parties, Diane renewed her original summary judgment motion and it was granted.
Andrew Henry (Philadelphia, PA) obtained a defense verdict in a Court of Common Pleas arbitration matter involving a Marriott premises liability case.
Christian Marquis (Pittsburgh, PA) obtained a favorable decision in the Court of Common Pleas of Allegheny County, Pennsylvania on behalf of the Borough of West Mifflin. Judge Folino sustained preliminary objections and dismissed the plaintiffs' complaint against West Mifflin which alleged that landslide activity and erosion on the plaintiffs' adjoining properties were caused by water seeping from leaking public utility lines. Christian successfully argued that since the plaintiffs did not specifically allege that the water utility lines were owned by West Mifflin, although being present underneath its streets, the Political Subdivision Tort Claims Act precluded the plaintiffs' claims against West Mifflin.
Mindy Miller and Mike McGirney (Tampa, FL) obtained summary judgment in a coverage case involving a dog bite. The insured owned a ranch and their daughter gave horse riding lessons on the ranch. The daughter, who did not live on the property, was added onto the insured's policy as an additional insured for the limited purpose of giving horse riding lessons. A child who was on the property watching his sister receive horse riding lessons was bit by a dog owned by the insured's daughter. The insured's daughter brought the dog to the property to "let her run around." The court agreed with the argument that the policy only provided coverage to the daughter for a limited purpose, i.e., horse riding lessons. It did not provide coverage for the daughter for the dog biting incident. Mindy and Mike also obtained summary judgment in the United States District Court, Middle District of Florida, in a $10 million bad faith action.
Tom DeLorenzo and Ronda O'Donnell (Philadelphia, PA) achieved a significant victory in defeating a motion for class certification in a medical monitoring case arising out of alleged exposure to emissions from a beryllium plant. If the class had been certified, it would have consisted of up to 200,000 people who had lived within six miles of the plant for as little as six months at anytime between 1950 to 1989. The day before the court's decision was received, plaintiffs' counsel told an attorney in a related case that in his mind it was "a given" that the class was going to be certified. In another matter, Tom and Ronda recently won summary judgment in a case in which the federal court found that blindness in one eye does not qualify as a disability under the Americans with Disabilities Act unless the plaintiff can prove that the blindness affected his ability to engage in daily activities. In this case, the court found that the plaintiff could not prove such limitations. The court also found that the plaintiff could not prove that he had been subjected to retaliation by the employer for taking medical leave for the purpose of having surgery for his eye. Neither could the plaintiff prove that he had been subjected to retaliation by the employer for assisting another employee in her sexual discrimination claim. The decision was reported in the August 21st edition of The Legal Intelligencer.
George Helfrich (Roseland, NJ) successfully obtained a no cause in an auto case with a $2.6 million demand.
Walt Kawalec (Cherry Hill, NJ) and Bob Seiferth (Williamsport, PA) were successful before the Superior Court of Pennsylvania. In a published opinion, the court affirmed a grant of summary judgment in a case where the plaintiffs' criminal convictions for tax evasion were found through collateral estoppel to establish contributory negligence as a matter of law, and precluded an accountant malpractice action. The court also found that the plaintiffs had waived a number of arguments by failing to appeal the proper order and by failing to include arguments in their Rule 1925 statement.
Michele Punturi (Philadelphia, PA) obtained a successful decision in a workers' compensation case that involved four petitions: reinstate, penalty, review and termination. Medical depositions, as well as fact witness depositions, were presented and Judge Kelly, in a very well-reasoned decision, found all of our evidence more substantial credible and competent over that of the claimant. The Judge denied their reinstatement, Review and Penalty Petitions and granted our Termination Petition.
Maureen Herron (Scranton, PA) obtained a successful decision to the employer's suspension petition in this workers' compensation matter. The Workers' Compensation Judge accepted the employer's evidence that the claimant was capable of returning to work, and that work was available within the claimant's restrictions.
Tony Michetti and Jim Cole (Doylestown, PA) obtained summary judgment in a municipal tort case. The court ruled that the municipality had no duty to maintain overgrown trees and shrubs on private property adjacent to a state highway. The plaintiff alleged that her view was obstructed as she entered the state highway from the municipal owned intersecting street. Tony and Jim also obtained summary judgment in a slip and fall case involving the application of the "Hills and Ridges" doctrine. Tony also obtained the following favorable outcomes:
A defense verdict in a medical malpractice case wherein the plaintiff alleged that her right leg was amputated due to the physician's failure to timely diagnose and treat her vascular disease.
A non-suit in a slip and fall on ice case wherein the homeowner was sued by the plaintiff, a business invitee, on theories of inadequate lighting and failure to treat the icy surface of homeowner's driveway.
A defense verdict in an automobile accident case wherein the plaintiff claimed that the defendant failed to yield the right of way when exiting from a parking lot onto the highway. The defendant claimed that she had been waived onto the highway by a motorist who had stopped on the highway. It was the defendant's intention to turn left and proceed southbound. As the defendant was negotiating her left turn, the plaintiff crossed the double yellow line to pass the stopped motorist and the collision occurred as the plaintiff traveled north in the southbound lane.
Doug Suplee (Cherry Hill, NJ) obtained a defense verdict on behalf of DaimlerChrysler Corporation following a jury trial before Judge Charles Little in Camden County. The plaintiff asserted claims pursuant to the New Jersey Lemon Law, Uniform Commercial Code and Magnuson Moss Warranty Act for alleged brake defects in his motor vehicle. The jury unanimously found that the plaintiff had failed to meet his burden as to all claims.
Sam Casolari (Akron, OH) obtained summary judgment in a Trumball County Court of Common Pleas case before Judge Andrew Logan. The plaintiff claimed she fell in the parking lot of the Bob Evans Restaurant and fractured her hip. The court held that the plaintiff could not show what caused her fall and whether any defective condition caused her to fall. In another matter, Sam obtained judgment in favor of his client, Forshaw Distribution, by the Hamilton County Court of Common Pleas. The case was an employment-related intentional tort case in which the plaintiff was injured when he was struck by a tire while retrieving pesticide product from a shelf. The court ruled that the plaintiff came forward with no evidence that Forshaw intended to injure the plaintiff or expose him to a dangerous process which was certain or substantially certain to injure the plaintiff. The plaintiff's case was dismissed with prejudice at his cost.
Jason Banonis (Doylestown, PA) obtained a non-suit on behalf of a nursing home in a medical malpractice case tried before a jury in the Court of Common Pleas of Montgomery County. The plaintiff claimed that her mother suffered a ruptured ulcer and died due to administration of medication without food. Judge Branca determined that the plaintiff had insufficient expert evidence to maintain her case against the nursing home. The court permitted the case to proceed solely against the co-defendant physician who had prescribed the medication.
Jody Mooney (Bethlehem, PA) obtained summary judgment in a dental malpractice case. The case involved allegations of damages resulting from dental treatment related to the placement of a bridge. Jody demonstrated to the court that the plaintiff's expert failed to properly set forth his opinions of liability so as to sustain the plaintiff's burden.
Nadira Kirkland and Eileen Warner Strulson (Cherry Hill, NJ) obtained summary judgment in a case involving a slip and fall on the premises of a long-term care facility suffered by an employee of that facility. It was argued that the plaintiff was an employee of the facility, and that her only remedy was workers' compensation. In the court's written opinion, under New Jersey workers' compensation statutes, a separate tort action is allowed only when the employer committed an intentional wrong, which requires actual intent or a "substantial certainty" that injury will occur as a result of its actions. Another issue in the case involved ownership of the facility, which operated under two different names, but which the court found were one and the same.
Jack Nealon (Scranton, PA) obtained a defense verdict on damages for pain and suffering and future wage loss in an automobile accident case. Negligence was admitted. The plaintiff alleged a permanent low back injury which she claims rendered her partially disabled. The Wayne County jury refused to award her any damages for pain and suffering or future wage loss.
Christopher Reeser (Williamsport, PA) obtained a reversal before the Pennsylvania Superior Court in a motor vehicle case. The case was tried to a defense verdict in Union County. The jury found that the defendant was negligent, but his negligence was not a substantial factor in causing the plaintiff's injuries. The trial judge determined the verdict to be against the weight of the evidence because it was undisputed that the plaintiff suffered some injury, and ordered a new trial. The Superior Court agreed with Chris that there was sufficient evidence for the jury to find that the accident was not caused by the defendant's negligence and it ordered the trial court to reinstate the defense verdict.
Paul Krepps (Pittsburgh, PA) obtained a defense verdict in a very problematic police pursuit case where the plaintiff suffered an amputated leg and neurological damage. The trial was in Westmoreland County.
Kim Boyer and Joe Cagnoli (Philadelphia, PA) prevailed in the Pennsylvania Superior Court in the matter of Morris v. Weil-McLain, et al. Kim argued the case before the Superior Court earlier this year. In affirming the trial court's award of summary judgment, the Superior Court focused on the nature of the evidence put forth by the plaintiff against Weil-McLain. Specifically, the court found that a plaintiff cannot use his own deposition testimony to defeat summary judgment where that testimony was obtained through leading questions in violation of Pa.R.E. 611.
Frank Baker (Bethlehem, PA) and Kim Boyer (Philadelphia, PA) obtained summary judgment in a case in which the plaintiff alleged that she was exposed to carcinogenic substances in her work place, which her employer concealed from her. As a result, she is now suffering from cancer throughout her body, and she alleged that she was wrongfully discharged when she learned of the hazardous nature of the substance and refused to work with it. She sued her employer under various exceptions to the workers' compensation immunity statute and also alleged claims for wrongful discharge, intentional infliction of emotion distress, and "fear of cancer." Frank and Kim persuaded the court that the plaintiff could not prove the medical causal link between the exposure and her cancer, that she failed to prove a physical injury necessary to support the emotion distress claim, and through air sampling in the workplace, that her exposure was below the legal minimum levels for this product.
Jim Wilson (Scranton, PA) obtained a defense verdict in a products liability case which was tried before a jury in Lackawanna County.
Eric Brown (Philadelphia, PA) obtained a defense verdict in a first party and bad faith suit brought by a doctor in a Philadelphia compulsory arbitration. There was no appeal taken from the arbitration.
Tim McMahon (Harrisburg, PA) obtained a compulsory nonsuit in a medical malpractice case in Centre County, Pennsylvania on behalf of Healthsouth. The case involved a paraplegic plaintiff who had developed a pressure ulcer ultimately requiring reconstructive surgery.
Matt Wilson (Philadelphia, PA) obtained a nonsuit in the Philadelphia County Court of Common Pleas in a matter before Judge Moss involving a minor plaintiff.
Mike Archibald and Dale Golden (Tampa, FL) obtained an appellate court ruling affirming summary judgment in a defamation case. The plaintiff claimed that our client had defamed him at his mother's funeral by repeating allegedly false statements made by his mother prior to her death.
Mike McGirney and Dale Golden (Tampa, FL) obtained an appellate court ruling affirming summary judgment in a slander of title case against the opposing attorney. The plaintiff claimed that the attorney had committed a slander of title by filing a defective lis pendens. Mike and Dale effectively argued that the lawyer could not be held personally liable for actions taken on behalf of his client.
Alicia Caridi (Scranton, PA) obtained a defense verdict in an automobile/bicycle accident case. The plaintiff alleged the insured was speeding and driving inattentively. The plaintiff sustained a broken leg and hip. The Lackawanna County jury found that the insured was not negligent in operating his vehicle.
Kacey Wiedt (Harrisburg, PA) successfully terminated a claimant's benefits in a highly contested workers' compensation case involving a man who separated his shoulder at work. The Workers' Compensation Judge found Kacey's expert more credible than the claimant's treating physician and found that the claimant had recovered from his injury.
