Bradley D. Remick

Co-Chair, Product Liability Practice Group
Shareholder

Brad is the Co-Chair of Marshall, Dennehey’s Product Liability Practice Group and concentrates his practice on the defense of complex product liability and fire cases for small, medium and large (Fortune 500) manufacturing companies and their distributors. He defends the manufacturers of tools, electrical components, scaffolding and lifts, tires, paint, automatic doors, machinery, backhoes and other heavy industrial equipment. He also defends manufacturers of complex heat exchangers, chemical pumping systems and other industrial systems.

Brad is national counsel to a company that designs and manufactures thermal fluid heaters and boilers. His background in fire fighting has given him additional insight into the defense of cases on behalf of manufacturers of electrical components, electricians and others alleged to have started fires.

Brad is a supervising attorney in the firm's Product Liability Practice Group. As such, he fields questions from attorneys throughout the firm regarding substantive legal issues relating to product liability. Brad manages associates in the development of their practices

Brad is a nationally certified fire fighter, who serves the Penn Wynne/Overbrook Hills Fire Company (Lower Merion Fire Department) as both a firefighter and its president.  Brad holds over 60 different fire and rescue certifications.

He has authored five treatises on Pennsylvania Products Liability law along with numerous other articles for a variety of publications. He has been a guest lecturer at a number of legal conferences as well as Temple University, Drexel University and The University of Wisconsin.

 

Significant Representative Matters

Defense of manufacturer of industrial power press which amputated fingers of 32-year-old female plaintiff. The plaintiff alleged defective design of a power press used for stamping metal components. The plaintiff was operating the press as she had been taught by her employer. She reached into the press to remove a stamping when the press made an unintended cycle, crushing her hand. At trial we were able to prove that faulty repairs made to the press by the employer are what caused the repeat cycle rather than the original design of the press. Defense verdict. 

Defense of manufacturer of complex heat exchanger which was alleged to have caused an explosion at an explosives plant in the northern desert of Chile. The heat exchanger was manufactured in New Jersey, shipped through the Panama Canal to the Pacific and then south to the plant which was located in Mejiones, Chile. Extensive discovery both in the United States and in Chile revealed the cause of the failure was the chemical content of the water being used at the plant. The plant's water treatment facility failed to bring the chemical content in the feed water to within the limits called for in the system specifications. The case was dismissed prior to trial. 

Represented the manufacturer of an AC motor in bathroom fan/light fixture alleged to have started a fire and destroyed a restaurant. The plaintiffs alleged the fixture was defectively designed. Through forensic examination of the remnants of the fan/light fixture and its internal components, as well as the burn patterns left in the area of the fire, we were able to prove the fixture did not cause the fire. Defense verdict. 

Defense of electrician whose work was alleged to have started a fire. Client was called out to do electrical work in a building on an emergency basis. The electrician ran wires through a drop ceiling and was alleged to have nicked a part of the wire on the metal struts. The exposed wire allegedly ignited the surrounding combustibles, starting the fire. The fire was discovered five hours after the electrician left the premises. We were able to establish by a thorough examination of the wiring and the fire scene that the origin of the fire which was approximately 40 feet from where the client did his work. Defense verdict. 

Defense of manufacturer whose delivery driver was responsible for an auto accident. The plaintiffs were a mother and daughter who were allegedly injured when a van operated by the delivery driver struck their vehicle broadside. Mediation occurred and our client offered what the mediator recommended. The plaintiffs rejected the offer, and the case was tried. Liability was conceded. Verdict was 17 percent of pretrial settlement offer. 

Defense of manufacturer of automatic pedestrian door which allegedly knocked a woman down. Careful analysis of the accident and the plaintiff's design claims were rebutted by expert testimony. Defense verdict. 

Represented tire manufacturer in case where a tire with 3,000 miles on it blew out. We were able to establish that the cause of the tire blow out was a puncture of the tire, which occurred when the plaintiff ran over a nail and not due to any defect with the tire. Defense verdict. 

Dismissal prior to trial on behalf of the manufacturer of power strip which allegedly caused a house fire. Through careful examination of the remnants of the power strip and exemplar power strips, we were able to show that, while close, the internal components were dissimilar enough that the alleged manufacturer was not the actual manufacturer of the allegedly defective strip. 

Classes/Seminars Taught

Investigating Claims During COVID-19, webinar presented by Jensen Hughes and Marshall Dennehey, May 5, 2020

Civil Legal Process, Drexel University, January, 2020

Mindfulness and You, Philadelphia Bar Association, 2019

Tincher: The Good, The Bad, The Ugly - and Why You Should Care,  DASMA Annual Meeting, January 2017

 Negotiation Strategies, University of Wisconsin, School of Business MBA Program, December 2016

A Christmas StoryDangers of Christmas Tree Fires, DRI Fire Science and Litigation Conference, Scottsdale AZ, November 2016

The Role of Business & Government on Society, West Chester University - Department of History, April 2016

When the Other Shoe Drops: Dealing with Punitive Damages,  DASMA Annual Meeting, January 2016

Personal Injury Law From Start to Finish: Theories of Liability and Defenses, Sterling Educational Seminars, Philadelphia, PA, July 14, 2015

The Role and Training of the Firefighter in Evidence Preservation, DRI Fire Science and Litigation Conference, 2013

Dealing with Recalls, the Emotional Toll, DRI Annual Products Liability Conference, Hand and Power Tool SLG, 2012

Firefighters and Evidence Preservation, the Inside Story, DRI Annual Products Liability Conference, Fire and Casualty SLG, 2012

Investigation of Industrial Fires, NYC, 2011

Law for Non-Lawyers, Temple University Fox School of Business, September 2011

DRI Products Liability Conference - Co-Chair Hand and Power Tool SLG, 2011

Dealing with Foreign Manufactured Products, DRI Products Liability Conference, 2011

Avoiding the Obvious During Trial, DRI Products Liability Conference, 2010

DRI Products Liability Conference, Hand and Power Tool Special Litigation Group, 2010

Law 101 - Legal Basics for Non-Lawyers, Temple University Fox School of Business, 2009; 2010

The Rise and Fall of a Mental Health Monster, August 2008

From China and Beyond, Mealey's Product Recall Conference, Washington, DC, December 2007, Co-Chair

Liability Concerns in the Real World, Temple University Fox School of Business, 2007

Legal Process, Temple University Fox School of Business, 2006; 2007

Selection and Retention of Experts, DRI Annual Products Liability Conference, 2004

The Exportation of American Cultural Norms and the Geopolitical Symbiology Thereof, Temple University, December 2004

Taking and Defending Depositions, Lorman Educational Services, 2003; 2004; 2005

Negligence in the Hospitality Industry, Temple University, 2002; 2003; 2004; 2005

Tort Law for Non-Lawyers: Depositions, Liability and Negligence Issues, Temple University Graduate School of Tourism and Hotel Management

Instructor, Products Liability

Taking Depositions in Pennsylvania, Lorman Educational Services, August 2002

Published Works

Pennsylvania Products Liability, 5th edition. Published by ALM.  International Standard Book Number 978-62881-424-8 (print) and 978-1-62881 – 425-5 (eBook)  590 pages, 2019

Getting What You Need in Key Fire Depositions”, DRI The Voice, Volume 13, Issue 37, September 2018, co-author

Pennsylvania Products Liability, 4th Edition, Published by ALM. International Standard Book Number 978-1-62881-424-8 (print) 978-1-62881-425-5 (e books) 590 pages, 2017

"A Christmas Story: Tree Fires -- Prevention and Investigation," For The Defense, November 2017

Pennsylvania Products Liability, 3rd Edition, Published by ALM. International Standard Book Number 978-1-62881-237-4 (print) 978-1-62881-238-1 (e books) 584 pages, 2016

Pennsylvania Products Liability, 2nd Edition, Published by ALM. International Standard Book Number 978-1-62881-053-0 (print) 978-1-62881-054-7 (e books) 566 pages, 2015

Tincher Supplement to Pennsylvania Products Liability, 1st Edition, Published by ALM, 2015

Pennsylvania Products Liability, 1st Edition. Published by ALM.  International Standard Book Number 978-1-57625-8385 (Print) 978-1-57625-7982 (eBook)  431 Pages, 2014

Articles in DRI Semi-Annual Newsletter, Defense Digest, Lift Equipment Magazine, Lift Leader Magazine

"Malfunction Theory Defense Refinements," Defense Digest, Spring 1993

"Claim Against Defective Pitcher, Strikes Out," Defense Digest, Fall 1993

"Pulling Away from the Wreckage," Defense Digest, Spring 1994

"Walton v. Avco: The Fun, and the Duty, Never Stops," Defense Digest, January 1995

"Calling All Aerial Lift Operators: It's Folly to Ignore Safety Features," Lift Equipment, Apr-May 1995

"Post Sale Duty to Warn Doctrine and Product Liability Law," Lift Equipment, Aug-Sept 1995

"Congress Works to Reform Product Liability Law," Lift Equipment, Aug-Sept 1995

"The Rental Defense: How To Help Protect Your Company During An Accident-Related Lawsuit," Lift Equipment, January 1999

"Top-Notch Testimony: Five Lessons For Hiring An Expert Witness Lift Equipment," Lift Equipment, June-July 1999

"Is Seeing Believing? Manipulation of Digital Images," Hand and Power Tools, Spring 2000

"Informing the End User: Sending Safety Improvement Notifications Helps Product Liability Suits," Lift Equipment, June-July 2000

Pennsylvania Products Liability Handbook, 2001; 2003

"Hey Arnoldy!! The Superior Court Says OSHA Preempts State Tort Law (Sometimes)," Defense Digest, Vol. 13, No. 4, December 2007

"Trial By Fire," The Philadelphia Lawyer, Winter 2008

"Pixel This: A Photographer Switches to Digital," Philadelphia Lawyer Magazine, Summer 2009

"How To Start A Technical Rescue Program," edit/photographs, Fire Engineering Magazine, September 2009

"Out of the Frying Pan... Strictly Speaking," DRI Happenings, Vol. 8, Issue 2, May 2011

Media Commentary

"Is PA Still the Keystone State for Products Liability Litigation?" The Legal Intelligencer, January 6, 2017

Pro Bono Activities

Firefighter, Penn Wynne/Overbrook Hills Fire Company (Lower Merion Fire Department)

Lieutenant, Penn Wynne/Overbrook Hills Fire Company (Lower Merion Fire Department), 2015 - present

Board of Directors 2009 - present, Member, Southeastern Montgomery County Technical Rescue Taskforce 

Admissions
New Jersey
1987
Pennsylvania
1987
U.S. District Court Eastern District of Pennsylvania
1987
U.S. District Court District of New Jersey
1987
U.S. Court of Appeals 3rd Circuit
1987
Education
Villanova University School of Law (J.D., 1987)
Kenyon College (A.B., with honors, 1984)
Honors & awards
Alumni Association Distinguished Service Award - Kenyon College, 2017
Insurance Society of Philadelphia, Outstanding Contribution Award, 1999
Pennsylvania Super Lawyers
2008-2020
Board of Directors, Penn Wynne-Overbrook Hills Fire Company, 2014 - Present
National Liberty Museum Public Service Heroes Awards of Valor, PECO Volunteer Firefighter Award, 2010
Volunteer of the Week, Main Line Times
July 31, 2008
PVLA Certificate of Merit, 1987, 1988
Recipient of National Geographic/NEH Scholarship for Archaeological Work in Central America, 1983
President of the Board of Directors, Penn Wynne - Overbrook Hills Fire Company, 2017 - Present
Board of Directors, Lower Merion Township Fire Department, 2017 - Present
Vice President of Lower Merion Board of Directors, 2019 - Present
Associations & memberships
American Board of Trial Advocates (ABOTA) elected 2011
American Chemical Society, 2011
Defense Research Institute
Pennsylvania Bar Association
Philadelphia Bar Association
Product Liability Committee
Philadelphia Volunteer Lawyers for the Arts (PVLA)
Alumni Council Member, Kenyon College, 2017 - Present
Year joined
1988
Certifications

National PROBOARD Firefighter I Certification, 2007 National PROBOARD Firefighter II Certification, 2009

Pennsylvania State Firefighter I Certification, 2007 Pennsylvania State Firefighter II Certification, 2009

Montgomery County (Pennsylvania) Fire Academy: Introduction to the Fire Service, 2006 Fireground Support, 2006 Exterior Firefighting, 2007 Interior Firefighting, 2007

Pennsylvania State Fire Academy: Fireground Support, 2006 Exterior Firefighting 2007 Interior Firefighting 2007 Incident Safety Officer, N.F.A. 2008 Structural Collapse Operations Level I, (SCOA) 2008

FEMA/National Fire Academy: Certification: Firefighter Safety - Calling the Mayday

Pennsylvania State Fire Marshall's Office: Arson Investigation and Scene Preservation for First Responders 2009

American Red Cross: Certified: CPR/AED, 2006, 2007; First Aid Certification Certified: CPR/AED for Healthcare Providers 2009, 2011, 2013, 2015, 2016

FDNY (Fire Department of New York) Special Operations Symposium 2010 FDNY (Fire Department of New York ) Fires and Emergencies Symposium 2011 FDNY Disaster Planning & Response, 2013 FDNY (Fire Department of New York) Multiple Alarm Command & Control, 2012

Pennsylvania Fish and Boat Commission: Water Rescue for the First Responder Awareness Level Certification 2009 Ice Rescue Awareness Level Certification 2010 Ice Rescue Operations Level Certification 2010 Ice Rescue Technician Level Certification, 2010

Bucks County Community College: Natural Gas, Propane, Carbon Monoxide Seminar, 2007 Attack and Backup Lines Seminar, 2007 Lockout/Tagout Seminar, 2007 Ladder Company Review Seminar, 2007 Search and Rescue Seminar, 2007 Highway Safety Seminar, 2008 Incident Safety Officer, N.F.A., 2008 HAZMAT Awareness, 2008 HAZMAT Operations, 2008 Fire Behavior Seminar, 2008 Structural Collapse Operations Level I, (SCOA) 2008 Rope/High Angle Rescue I, 2009 HAZMAT Operations Refresher, 2010 NFPA 1006 Core Requirements for Technical Rescue Technician, 2011, Clandestine Lab Awareness for the First Responder, 2012

Montgomery County Fire Academy: Basic Vehicle Rescue Awareness Level, 2007; Basic Vehicle Rescue Operations Level, 2007; Basic Vehicle Rescue Technician Level, 2007

U.S. Department of Homeland Security/FEMA Emergency Management Institute: IS-00100 (Incident Command System) IS-00200 (ICS for Single Resources and Initial Action Incidents) IS-00700 (National Incident Management Systems - NIMS) IS-00800.A (National Response Plan - NRP) IS 300 (Incident command), 2009

Albert Einstein Healthcare Network Center for Special Operations and Training: ICS 300-Intermediate ICS for Expanding Incidents, 2009

Special Vehicle Rescue Awareness Level Certification, 2013; Special Vehicle Rescue Operations Level Certification, 2013; Special Vehicle Rescue Technician Level Certification, 2013

1006 General Requirements for the Professional Rescue Technician, 2013

Proboard Vehicle & Machinery Rescue Technician, 2015

Trend Rescue Awards, 2016

Pump Operations Certification, 2016