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Thomas McKenzie

Shareholder
2000 Market Street, Suite 2300
Philadelphia, PA 19103
(215) 575-3562
(215) 575-0856 - Fax
tjmckenzie@mdwcg.com

As a member of the Casualty Department, Tom provides legal counsel to product manufacturers, transit companies, food service companies and various casualty litigation defendants in Pennsylvania. He defends clients on a variety of matters, including product liability, civil rights, premises liability, trucking and transportation, and automobile accidents (uninsured motorist/underinsured motorist). Tom has also handled breach of contract, Federal Employer Liability Act and toxic tort claims. In his career, Tom has successfully defended numerous wrongful death and catastrophic loss claims.

Tom serves as a Judge Pro Tem in the Philadelphia Court of Common Pleas and an arbitrator for the Philadelphia Court of Common Pleas Compulsory Arbitration Program. He is licensed in the Commonwealth of Pennsylvania and the State of New Jersey.

Significant Representative Matters

  • Successfully defended at trial a claim of brachial plexopathy and back and neck injuries. Plaintiff was a nurse employed by a hospital who had escorted a patient in the Defendant’s ambulance. The ambulance struck a rock formation which enters the roadway at a height over 7 feet and the ambulance was over 8 feet high. Result: Jury Verdict for Defendants ambulance company and its employee driver as the driver was not negligent. The demand at trial was $950,000.

  • Successfully defended at trial, claim for disc herniations to lumbar spine and cervical spine.  Plaintiff underwent two spinal fusions and recommendation for third surgery. Result: Jury verdict for Client, Construction Supply Company.

  • Successfully defended at trial, claim for multiple herniated discs resulting from accident between client's Trolley and Plaintiff's car. Result: Jury verdict for Client, Transportation Company. 

  • Jury verdict for client defendant in passenger's motor vehicle accident claim resulting in multiple alleged herniated discs.

  • Successfully defended at trial, claim for multiple disc herniations and sprained ankle allegedly resulting from trip and fall down client's outdoor steps. Result: Jury verdict for Client, premises owner.

  • Represented paver in a negligence action in which an elderly woman fell in a parking lot and claimed hazardous condition. Jury concluded no defect in pavement. Verdict for defense.

  • Obtained Judgment on the pleadings dismissing wrongful death claim against Commonwealth party defendant as violative of the Tort Claims Act.

  • Summary Judgment granted in a wrongful death product liability suit due to plaintiff's failure to provide evidence to establish that a tractor was defective when it left the hands of the manufacturer.

  • Dismissal at trial of a slip and fall claim due to plaintiff's repeated discovery violations.

  • Dismissal at trial of a multiple-plaintiff automobile claim based on the failure of all plaintiffs to pass the limited tort threshold.

  • Dismissal of a fire loss claim based on theories of product defect and construction defect.

  • Successfully argued before the Pennsylvania Superior Court which affirmed trial court's ruling.

  • Obtained voluntary dismissal without payment of wrongful death and survival claims of Plaintiff who was hit by a bus, owned and operated by client, transportation company.

  • Obtained voluntary dismissal without payment of wrongful death and survival claims of Plaintiff who was electrocuted after falling onto subway tracks of client, transportation company.

  • Summary Judgment granted in Fourteenth Amendment claim by Muslim prisoner demanding Halal food.

  • Obtained Summary Judgment in injury claims arising from accident between a train and a passenger on the platform. The accident was allegedly caused by the alleged failure to warn and prevent the destabilizing slipstream effect of trains travelling through the station on the nearest track to the platform of client, transportation company.

  • Obtained Summary Judgment in slip and fall resulting in fractured patella for plaintiff's failure to prove that accident occurred inside the demised premises of corporate lessee.

  • Summary Judgment granted in a slip and fall claim for plaintiff's failure to articulate the mechanics of the fall in a manner that suggested the fall was due to the alleged defect.

  • Summary judgment granted in a case claiming negligent maintenance of a door.

  • Obtained Summary Judgment granted for client in slip and fall claim on client's property resulting in fractured ankle requiring open reduction internal fixation surgery based on  Commonwealth immunity from accidents caused by a defect which originates from a source outside of the Commonwealth real estate.

  • Summary judgment granted in a case claiming negligent maintenance of a sidewalk.

  • Obtained Summary Judgment for food service provider in equal protection claim by Muslim prisoner related to vegetarian religious diet.

  • Obtained Summary Judgment for an employer in motor vehicle accident, due to plaintiff's failure to prove negligent entrustment, wherein Plaintiff alleged back and neck injuries from minor collision with client's employee.

  • Dismissal for Prejudicial Late Joinder in a FELA claim, where the original defendant alleged product liability and negligence claims against our client/corporation.

Classes/Seminars Taught

  • Lights, Camera, Evidence, Pennsylvania Bar Institute, Philadelphia, PA July 21, 2015

  • An Overview of Pennsylvania Law & Effective Strategies for Litigation Management, Client Seminar, King of Prussia, PA, June 2015

Education

  • University of Baltimore School of Law, Baltimore, MD (J.D., 1999)

  • Loyola College, Baltimore, MD (B.A., 1995)

    Major: Political Science

Education

  • University of Baltimore School of Law (J.D., 1999)
  • Loyola College of Maryland (B.A., 1995)

Bar Admissions

  • New Jersey, 1999
  • Pennsylvania, 1999
  • U.S. District Court District of New Jersey, 1999
  • U.S. District Court Eastern District of Pennsylvania, 2000

Associations & Memberships

  • Brehon Law Society
  • Pennsylvania Bar Association
  • Philadelphia Association of Defense Counsel (4/1/13)
  • Philadelphia Bar Association
  • The Lawyers Club of Philadelphia (1/1/13)

Honors & Awards

  • Pennsylvania Super Lawyer Rising Star , 2008, 2010-2013

    The 2016 Super Lawyers list is issued by Thompson Reuters. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.


Year Joined Organization: 2005

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