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Trucking & Transportation Liability

Trucking and transportation is one of the oldest practice areas at Marshall Dennehey Warner Coleman & Goggin. Our group handles cases in the state and federal courts of Pennsylvania, New Jersey, Delaware, Ohio and Florida. The Trucking & Transportation Practice Group represents clients and their carriers in complex tort and coverage litigation involving all types of common and private carriers. The members of this group include shareholders and associates who have handled cases for large common carrier transportation fleets engaged in interstate trucking, railroads, waste hauling, taxicab, shuttle and bus operators, rental vehicle fleets and ambulance services. These attorneys have represented insurers and self-insureds in personal injury, cargo, environmental, hazardous materials, indemnification and insurance coverage issues, and are keenly aware of the impact of the sophisticated issues and interrelationships of the parties.

From the inception of our firm, we have handled complex litigation involving the shipping of goods over waterways, highways and rail. With today's emphasis on the proper handling of hazardous materials during shipment, many of our transportation attorneys have also cross-trained in environmental and toxic tort matters. In addition, we have the full support of our appellate and toxic tort environmental sections to draw upon in the handling of any transportation matter.

In conjunction with the firm's Insurance Coverage/Bad Faith and Appellate Advocacy and Post-Trial practice groups, we represent insurance carriers in coverage matters that arise from underlying transportation cases.

The members of the Trucking & Transportation Practice Group are active participants in a number of the major transportation law organizations including the Trucking Industry Defense Association, ATA Litigation Center, ABA Transportation Megaconferences, RIMS, Defense Research Institute and Association of Transportation Practitioners.

We are aware of today's focus on securing sound legal services at reasonable fee levels. Our firm has grown because of our sensitivity in this area. This is especially true in the transportation industry where many of our clients have large self-insured retentions that necessitate close control of legal costs and expenses. Our trial lawyers take a practical, results-oriented approach to their cases. The firm maintains competitive rates through task-appropriate delegation which is consistent with the overall close supervision and client responsiveness required in transportation matters. We are willing to discuss, develop and implement alternative billing formats wherever possible.

Our firm would be pleased to work with you in the handling of your transportation matters. We are also available to give presentations or conduct training seminars on transportation matters at your location or ours.

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Aug 25, 2016
Obtained a defense verdict in a week-long jury trial involving wrongful death and survivorship claims brought by the estate of the decedent. The decedent was killed when a farm truck backed over her at a grain processing facility. We...
Aug 25, 2016
Obtained a defense verdict in a trucking & transportation case following a two-week trial in the Philadelphia Court of Common Pleas. The case involved a tragic accident that resulted in the death of a 29-year-old woman four days before Christmas...
Jan 22, 2016
Obtained a defense verdict in an aggravated assault by motor vehicle trial held in the Court of Common Pleas of Lehigh County. The truck driver client was involved in a serious accident with a passenger vehicle. He was approaching a red...
Mar 1, 2012
We obtained summary judgment and an award of counsel fees in an $8.8 million subrogation claim. Thieves stole a truck loaded with $8,800,000 in pharmaceuticals.  The pharmaceutical company’s insurance carriers paid the claim and filed a...
Nov 11, 2010
Attorneys obtained summary judgment in a personal injury action brought against our client's insured, a tire service company. The plaintiff, an employee of the tire service company, died after attempting to change a bus tire on soft soil on the...
Apr 12, 2010
Attorneys won Judgment on the Pleadings where the judge agreed with our argument that a Motor Truck Cargo Endorsement provided specified peril coverage and took precedent over the boilerplate Businessowner's form which provided all risk coverage....
Aug 12, 2009
Attorney obtained dismissal of all claims against a transportation company via a Motion for Summary Judgment.  The 20 year old plaintiff was about to clock in to start working when she was struck by a bus driven by another employee on company...
Apr 17, 2008
Attorney obtained a defense verdict following a jury trial in a wrongful death case involving a negligence claim against the driver of a truck from which plaintiff's decedent voluntarily exited while it was moving. The attorney represented the...
Mar 17, 2008
Attorney obtained a defense verdict in a case involving a tractor-trailer/car collision on the highway in which plaintiff claimed neck injuries ultimately resulting in a three level cervical fusion. Defense of the case was made more difficult in...
Mar 4, 2008
Attorneys obtained summary judgment on behalf of a fuel oil distributor that retained an independent contractor to transport gasoline to retail service stations. The driver for the independent contractor trucking company blacked out while driving...

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Law Alerts January 3, 2017
This matter involved a subrogation action brought by insurers of Sharp Electronics against Wheels MSM and Tiger Express. Mitsui alleged that its insured engaged Wheels and Tiger as carriers and that litigation was commenced for property damage under..., Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts October 3, 2016
The plaintiff filed a claim against three defendants for claims of breach of contract of carriage under the Carmack Amendment and state law negligence. Motions for summary judgment were filed by defendants Hartley Freight and Hartley Transportation..., Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts July 19, 2016
A shipment of 26 lots of pre-paid cellular phones for delivery to a retail chain’s various locations across the country were stolen during a driver’s stop. NFI and its insurer sued the carrier for $212,861.55, the value of the stolen..., Case Law Alerts, 3rd Quarter, July 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts April 1, 2016
The plaintiff, TMC—a transportation broker—filed a complaint alleging state law and Carmack Amendment causes of action against A1 Trucking Service, LLC—a motor carrier—that it had entered into a Contract Carrier Agreement for..., Case Law Alerts, 2nd Quarter, April 1, 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts January 15, 2016
In November 2015, the United States Court of Appeals for the Sixth Circuit remanded a case for further determination by the District Court for the Southern District of Ohio on the issue of carrier liability.  The case is somewhat complex in..., Case Law Alerts, 1st Quarter, January 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Defense Digest Article December 1, 2014
By Timothy J. McMahon, Esq.* The Trucking & Transportation Liability Practice Group is composed of attorneys concentrating in the representation of clients and their insurers in complex tort and coverage litigation involving all types of common..., Defense Digest, Vol. 20, No. 4, December 2014 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Defense Digest Article December 1, 2014
By James D. Hilly, Esq.* Key Points: Obtain an actual copy of the signed tort option selection form at the earliest possible opportunity when handling an auto claim or litigation. Counsel should always raise the applicable limited tort..., Defense Digest, Vol. 20, No. 4, December 2014 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Law Alerts January 2, 2014
The Fourth District Court held, consistent with Nunez v. Geico General Insurance Company, 117 So. 3d 388, 2013 Fla. LEXIS 1315 (Fla. 2013), that an examination under oath, as a condition precedent to the payment of PIP benefits by an insurer who is...
Law Alerts January 2, 2014
In an uninsured motorist action, the Fourth District Court reversed and remanded when the court found the trial court erred after denying the plaintiff’s motion for a new trial. The jury had returned a verdict for zero damages, even though the...
Law Alerts January 2, 2014
In this appeal from an automobile accident case, the Florida Supreme Court reviewed the proper standard of review, and the appropriate remedy, when an appellate court reviews a trial court’s order granting a new trial—specifically, on...

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November 15, 2016
Marshall Dennehey announced today that Joseph J. Rava, a veteran of the insurance and defense litigation industries, has joined the firm's Westchester County office as a shareholder in the Casualty Department. Previously, he was regional house counsel for Harleysville/Nationwide Insurance, where he...
March 20, 2015
Marshall Dennehey Warner Coleman & Goggin announced today that Harold L. Moroknek has joined the firm's Westchester County office as a shareholder in the Casualty Department. Experienced in a wide array of complex casualty liability matters, Mr. Moroknek primarily focuses his practice in the...

Chair

Timothy J. McMahon
Managing Attorney, Harrisburg, PA Office
(717) 651-3505
tjmcmahon@mdwcg.com

Co-Chair

James D. Hilly
Shareholder
(610) 354-8493
jdhilly@mdwcg.com

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