Results

We obtained a defense verdict in a jury trial in Pennsylvania. The defendant was walking her Labrador Retriever, along with her five-year-old cousin. She entrusted the leash to her cousin, who promptly lost grip on the leash, allowing the dog to escape. The dog ran in the direction of the plaintiff and his Shih Tzu, with the defendant in pursuit. The plaintiff claimed that the Labrador Retriever jumped on his chest, knocking him to the ground and causing compression fractures in his lumbar spine. The injuries were confirmed by the defense IME.

We obtained summary judgment in a general liability case in the U.S. District Court for the Middle District of Pennsylvania. The plaintiff was an employee of a recently-renovated resort when a solid wooden panel fell down and struck her in the head, causing serious injuries. The plaintiff alleged improper design, manufacture, and installation of the panel against a number of the defendant contractors and subcontractors. It was unclear as to which defendant actually installed the panel.

We secured the dismissal of a declaratory judgment action filed in federal court against a large insurer. This case arose from a motor vehicle accident that occurred in 2015. The plaintiff averred that she had sustained injuries in excess of the tortfeasor’s bodily injury liability limits and sought stacked underinsured motorist (UIM) benefits. While the plaintiff had admittedly signed a rejection of UIM coverage form and a rejection of UIM coverage stacked limits form, she argued that her insurer had altered the statutorily required forms by adding additional language.

Following oral argument heard en banc, the Delaware Supreme Court issued an opinion upholding the application of the Continuing Storm Doctrine, resulting in the affirmation of the lower court’s decision to grant summary judgment to our client. 

Obtained summary judgment on behalf of an owner and tenant where plaintiff alleged violation of Labor Law §§ 240(1), 241(6) and 200 when he fell off a ladder at the premises. The plaintiff claimed that the defendants violated these Labor Law sections in failing to provide him with a secure ladder and adequate safety devices while he was working on the alarm system at the premises. Defendants contended that the activity that the plaintiff was performing constituted maintenance and not repair of the alarm system and therefore was not an activity covered under the Labor Law.

Obtained summary judgment in Nassau County, New York on behalf of an insurance broker in a negligence and breach of contract action. Our client allegedly failed to procure proper insurance coverage, resulting in uninsured Superstorm Sandy-related losses claimed to be in excess of  $2.3 million.  The court granted summary judgment and dismissal of the complaint, finding that the plaintiffs were unable to support its claims without non-hearsay evidence.

Successfully prosecuted a modification/suspension petition on behalf of a large financial institution nearly 12 years after the claimant’s injury. ​The claimant sustained injuries to her left shoulder and cervical spine in October of 2005. Since that time, she had two cervical spine surgeries and two shoulder surgeries. The defense established that the claimant was able to return to work in a sedentary-duty capacity, working from home in a telemarketing position, thus modifying her total disability benefits to partial disability.

The claimant was a very credible employee who was seriously injured while on a horseback riding excursion at a Continuing Medical Education seminar. While attendance at the seminar was part of the claimant's job, the case evidence focused on whether the horseback riding extracted the claimant from the course and scope of employment.

Obtained summary judgment for a licensed clinical social worker in a negligence, defamation, fraud and intentional infliction of emotional distress case. ​The plaintiff (the father, a police officer and president of the local school board) brought these claims after the social worker informed the Family Court of the children's allegations of physical and emotional abuse by the plaintiff, which were revealed to her during the minor children's therapy sessions.

Obtained a defense verdict on behalf of a primary care physician. ​The plaintiff alleged the physician failed to order a blood test that would have detected a rare blood disorder called TTP. Five days after seeing our client, the decedent’s condition rapidly declined, and two days later, he died. Prior to trial, the plaintiff’s demand was almost $1 million. The defense was multifaceted. First, our client directed the decedent to the hospital where a blood test would have been performed, but the decedent refused.