Results

Obtained a dismissal at trial in Civil Court of the City of New York, Queens County. ​The plaintiff, an acupuncture facility, alleged wrongful denial of personal injury protection/no-fault benefits relating to acupuncture services rendered to its assignee, a claimant who sought benefits under the defendant-carrier’s policy. The trial judge granted dismissal of the complaint on the basis of the carrier’s defense, that payments were issued in accordance with the applicable fee schedule and, therefore, nothing further was owed to the plaintiff.

Marshall Dennehey successfully obtained summary judgment, dismissing all claims against our client in a marine construction New York Labor Law case in the Supreme Court in Rockland County. ​The case involved bodily injuries sustained to an employee of our client, a sub-subcontractor at the site of the new Mario Cuomo Bridge. The property owner, general contractor and the subcontractor each cross-claimed and/or third-partied our client into the case, all seeking contractual and common law indemnity and contribution pursuant to the terms and conditions of the various contracts.

We obtained a unanimous 12-0 defense verdict after a two-week trial in Santa Fe County, New Mexico, where the plaintiff was seeking approximately $40 million in damages. In this asbestos litigation case, it was alleged that the decedent contracted mesothelioma and died at the age of 76 as a result of being exposed to asbestos-containing joint compound manufactured and sold by our client.

Kevin Hexstall and Mohamed Bakry (Philadelphia) successfully litigated a complex asbestos case, obtaining a non-suit on behalf of their client, a manufacturer of asbestos-containing building materials. The case involved a deceased 71-year-old mesothelioma plaintiff. There was an initial seven-figure dollar demand from plaintiff’s counsel. The lawsuit alleged the plaintiff was exposed to asbestos when employed as a construction product salesman from 1967 to 1972.

We successfully defended a legal malpractice claim where the plaintiffs alleged their former attorneys caused them to sustain more than $1.3 million in damages. ​The plaintiffs, a collection of property developers, were named as defendants in a series of debt collection actions brought by their lender. Our attorney client represented them in those matters and sought to renegotiate the debt; however, they were unsuccessful, and the lender prevailed.

The 55-year-old plaintiff underwent tarsal tunnel surgery. She developed post-operative complications, including infection, and required two additional surgeries, including a sural artery flap graft. The plaintiff gained over 100 pounds after the podiatric surgeries and underwent gastric bypass surgery. She alleged it was required as the result of being sedentary from the podiatric surgeries and complications.

We successfully handled a matter where the claimant had filed a claim petition alleging disabling injuries to her low back, mid back, upper back, buttocks, neck, and head as a result of a slip and fall in the employer’s restroom. The claimant reported the alleged event to the employer, who immediately advised that it would provide sedentary work to accommodate the claimant. The claimant refused, went out of work, and filed her petition.

We successfully prosecuted a termination petition on behalf of a national water company. ​After securing all prior medical records, the defense  uncovered a past medical history of similar complaints and treatment, and a later fall that was not disclosed by the claimant. After questioning, the claimant admitted to the nature and extent of his prior treatment, including office visits, prescription medication and MRIs, which supported our contention that his prior complaints were virtually identical.

We successfully defended a machine shop in the litigation of a claim petition involving post-concussion syndrome. The claimant was struck in the head with a wrench while repairing a machine for the employer. The carrier accepted a head laceration by way of medical only notice of compensation payable. The claimant was treated for a laceration to the side of his head and released to return to work.

We successfully defended a claim petition before one of the most claimant-friendly judges in the Commonwealth of Pennsylvania. The claimant was working as a landscaper for the insured when he suffered injuries from a fall at work. A claim petition was filed for significant injuries to the lumbar spine, cervical spine, thoracic spine, left knee and right ankle, which, according to expert testimony from a neurosurgeon and podiatrist, required surgery.