• Directed defense verdict. When Plaintiff was unable to demonstrate with credible expert testimony that his alleged injuries were related to the car collision caused by our client, a Philadelphia County Judge directed a verdict in our client's favor and against the Plaintiff on damages. Plaintiff had claimed that his spinal injuries and herniations resulted from the collision. Philadelphia County Court of Common Pleas.
• Summary Judgment granted in favor of bakery entity on Premises liability claim. Plaintiff asserted that our client's delveryman made the retail premises where she was shopping unsafe. When we demonstrated that there was no evidence to support Plaintiff's claim after her depositon, a Middlesex County Superior Court Judge agreed and entered judgment in favor of our client, a international baking entity. Superior Court of New Jersey, Middlesex County.
• Defense verdict in binding arbitration of fire and smoke damage causation claim. Pennsylvania.
• Claim Petition dismissed, with prejudice. We argued that Claimant's Petition seeking workers compensation benefits (wage and medical) was barred by the Doctrine of Collateral Estoppel. Claimant had claimed that his date of injury was actually the date of an exacerbation of his prior injury in order to defeat a six figure compensation lien. (Pennsylvania)
• Summary Judgment granted. National Casual Dining establishment received summary jugdment in it's favor on Plaintiff's slip and fall claim when Plaintiff could not satisfy the notice requirement detailing the length of time the substance that she slipped upon was present on the floor or the source of the substance.
(USDC, Eastern District of Pennsylvania)
• Summary Judgment granted. Firm client, a self-insured national retailer/credit provider, received summary judgment in it’s favor and against a Plaintiff who claimed that she fell in front on their Philadelphia location on a broken sidewalk. Plaintiff claimed that the sidewalk defect was large, long-standing and easy to see. She further claimed that the retailer knew of the condition's existence. We asserted that this logically meant the she "knew or should have known" of it's presence. A Philadelphia County Judge agreed and dismissed this long-running action, with prejudice. (Court of Common Pleas, Philadelphia County - PA)
• Summary Judgment granted. Firm client, a self-insured global food manufacturer, received summary judgment in it’s favor and against it’s vendor, a regional convenience store chain. The chain store sought complete common law indemnity and contribution; contractual indemnity and contribution and additional insured status under the self-insured food manufacturer’s insurance coverage. This claim arose after our client’s deliveryman fell at the chain store while working. In ruling entirely in the manufacturer/client’s favor, the Superior Court Judge agreed with our analysis that while the store chain actually was an additional insured, it could not acquire coverage under any of the policy endorsements; the contractual claim was held to be unenforceable under New Jersey law and the remaining common law claims were barred by the exclusive remedy of the workers’ compensation statute. (New Jersey Superior Court, Camden County)
• Voluntary dismissal of fatality suit against furnace service provider. After a year of litigation pressure and a final threat of sanctions, a claim that Plaintiff's decedent's death due to exposure was caused by the furnace service provider was voluntarily dimissed at the close of discovery. Defense expert pathologist and nephrologist opined that there was no causal connection, based on the physical findings at and prior to the death. Plaintiff's decendent's representative, a nephrologist as well, could offer no contrary opinion to prove a prima facie claim. (USDC, EDPA.)
• Defense verdict in slip/fall down claim against nationwide hospitality/restaurant proprietor. 40 year old female Plaintiff with claimed injuries including a multiple level lumbar fusion/laminectomy and six figure medical bills. The Jury found no negligence. (Court of Common Pleas, Philadelphia County, PA)
• Workers compensation claim defeated and coverage denial upheld based on geographic exclusion in workers compensation policy. Petitioner injured in another State; employed in another State and coverage limited to the geographic area of that other State. Only connection with New Jersey was location of alleged injury and cancelled paychecks from a defunct employer. (New Jersey Department of Labor)
• Case dismissed, with prejudice, during Plaintiff's deposition. Adversary proceeding seeking discharge of student loans was dismissed completely and with prejudice during a break in Plaintiff's deposition after Plaintiff was confronted with prior years of financial information that seemed to demonstrate that the claim of inability to re-pay the loans was wildly inaccurate. (USDC, Eastern District of Pennsylvania)
• Verdict of less than 1/6 of the pre-trial demand in commercial motor vehicle case. Plaintiff fractured 2 vertebrae and subsequently underwent 4 level cervical laminectomy and lateral mass fusion. Demand never went below $1 million. Red light/green light case with no physical evidence favoring either party and no independent witnesses. After trial, local jury returned $300,000.00 verdict and attributed 45% causal negligence to Plaintiff (a difficult finding given that at least one party had to have had the green light), further reducing the net verdict to $165,000.00. (Court of Common Pleas, Philadelphia County, PA)
• Mandatory arbitration trial defense verdict for national retail landowner/possessor on premises liability claim - obvious defect could be seen, perceived and avoided from 5' away. (Court of Common Pleas, Philadelphia County)
• Partial Summary Judgment granted against Plaintiffs on their claim for personal injuries allegedly caused when they ran to escape from an environmental release. The Motion was granted in favor of the releasor on the argument that the Plaintiffs had presented no admissible evidence of a causal relationship between the environmental release and the accident/injuries. (Pennsylvania Court of Common Pleas - Montgomery County)
• Motion to Dismiss, with prejudice, granted on initial - pre-discovery - Motion in favor of car rental agency and it's insurer against a claimant seeking to recover on a judgment awarded in her favor against the driver of the rental vehicle. Our argument that Plaintiff lacked standing and that the court lacked subject matter jurisdiction over the claim was adopted by the trial court. (Pennsylvania Court of Common Pleas - Philadelphia County)
• Summary Judgment granted for insurer of used car lot on UIM claim for fatality of employee of related entity - no coverage. (Pennsylvania Court of Common Pleas - Philadelphia County)
• Fatality claim involving forklift manufacturer voluntarily avoided by early provision of training, warning and maintenance records to Plaintiffs' decedent's counsel. (New Jersey Superior Court, Bergen Cty.)
• Defense Verdict in a case where commercial vehicle stipulated to it's liability before trial. Case involved 3 minute video that appeared to demonstrate that claimed frozen shoulder was not, strictly speaking, actually frozen. Plaintiff's pre-trial $3 million demand supported by Defendant truck driver testifying that sometimes, a driver should knowingly and voluntarily take risks like making a left turn from the right lane across a three lane highway with no warning and against the red light in an urban area - a maneuver that the Defendant driver described was impossible to make safely under any circumstances. (Binding arbitration - Philadelphia County, PA)
• Oversaw and expedited manufacturer's voluntary retrofit of urban mass transit fleet resulting in no claims, no injuries and no associated adverse litigation costs. (Pennsylvania)
• Summary Judgment for liability insurer on Cargo damage claim - no coverage. (New Jersey Superior Court - Camden County)
• Summary Judgment for auto repair shop on theft claim. It owed the owner no duty when tractor owner kept his own set of keys after turning the vehicle over to the repairer. (New Jersey Superior Court - Gloucester County)
• Summary Judgment for liability insurer on theft claim - no coverage. (New Jersey Superior Court - Ocean County)
• 45 minute defense verdict in rear underride collision by 22 year mother of three in Philadelphia County, PA. 10 Million demand; no offer made. Plaintiff profferred an $8 million life care plan and more than $500,000 in past medical bills.
• Defense jury verdict for oil service provider in Philadelphia County, PA (Premises liability)
• $50,000.00 gross verdict ($10,000.00 net) on wrongful death claim against trucking company after $200,000.00 demand. Co-defendant settled at trial for $180,000.00. (New Jersey Superior Court - Burlington County)
• Summary Judgment for snow removal company after ice storm - no duty owed. (New Jersey Superior Court - Middlesex County)
• Summary Judgment for parking lot cleaner in trip and fall over debris - no duty owed. (New Jersey Superior Court - Mercer County);
• Summary judgment for landowner in claim over injuries related to work methods on the property - no duty owed. (Pennsylvania Court of Common Pleas - Tioga County)
• Multiple dismissals of claims for failure to honor discovery obligations. We pursue discovery obligations aggressively. (Pennsylvania Court of Common Pleas - Philadelphia County)
• Verdict in Hospitality/Premises claim matching the offer (case evaluated as must be tried) - and less than 50% of demand.
(Pennsylvania Court of Common Pleas - Allegheny County)
• Dismissal (on Motion) of judgment entered against Third-Party Administrator ("TPA") as non-signatory to agreement to arbitrate. The Motion was filed and argued (successfully) after the judgment had been entered against the TPA. (New Jersey Superior Court - Sussex County)