Leo A. Bohanski
Areas of Practice
Leo joined Marshall Dennehey's Casualty Department in 2004 and handles matters involving motor vehicle liability, premises liability, general liability and first party medical benefits disputes. Most of his work focuses on the defense of personal injury claims for motor vehicle accidents, uninsured/underinsured motorists and premises liability for small businesses, malls, home owners' associations and large corporations. He has significant experience handling complex economic damages cases involving the application of the various provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law.
In 2000, he graduated from the Pennsylvania State University with a Bachelor of Arts degree majoring in International Politics and minoring in Economics and French. He completed a legal internship for the Finance Department of the Office of the Corporation Counsel in Washington D.C. During his senior year, he studied abroad in France and received a Diploma of French Studies at the international school of Marc Bloch University of Strasbourg. All of his courses were taught solely in French that year.
In 2003, he received his juris doctor from the Villanova University School of Law and served a one-year term as a law clerk to the Honorable Peter J. O'Brien in the Court of Common Pleas of Monroe County.
He was born in Rio de Janeiro, Brazil and has spent the majority of his life in United States, while maintaining close ties to family and friends in Brazil and France.
Obtained a defense verdict of no serious impairment of a body function with no recovery of economic damages in a rear-end motor vehicle accident case, where Plaintiff claimed that she sustained serious injuries to her cervical and lumbar spine. Her first year of treatment involved prescription medications from her primary care physician and 33 chiropractic treatment sessions. As her treatment was weaning down, she was involved in a more serious second motor vehicle accident that resulted in increased treatment to both her cervical and lumbar spine. Plaintiff's physiatrist opined that Plaintiff's ongoing cervical and lumbar pain was attributable to the first accident, and that the second accident was a minor exacerbation of her prior condition. Her expert boarded $60,800.00 in future medical expenses. The jury determined that Plaintiff did not sustain a serious impairment of a body function and awarded $0.00 for future medical expenses.
Obtained a defense verdict of no serious impairment of a body function, where Plaintiff aggressively treated with his physiatrist, pain management specialist and physical therapist for several years. Plaintiff boarded $203,000.00 of past and future medical expenses and since our expert conceded a sprain injury, the jury awarded $5,000.00 for past and future medical expenses.
Obtained a summary judgment in a 12-vehicle pile-up accident in dense fog on a major interstate highway involving a fatality and numerous claims for personal injuries and subrogation of property damages.
Obtained a summary judgment dismissing the bad faith count against a carrier and dismissing all claims for structural property damage, personal property damage, mold remediation and alternative living expenses on a large flood loss to the plaintiffs' residence. The only remaining claim involved a small roof damage claim.
Secured an award in an Underinsured Motorist arbitration that fell below the third-party tortfeasor credit of $65,000, where the plaintiff claimed a cervical disc herniation at the level above the prior fusion surgery. Plaintiff's medical expert opined of the possible future fusion surgery at the herniated level and highlighted the great expense for recovery. In addition, the plaintiff sought wage loss and future earning capacity damages in excess of $250,000. As a result, the UIM carrier was not required to make payment based upon the UIM arbitration award.
Obtained a defense judgment in a binding arbitration forum for a dog bite case involving a young teenager and a pit bull. The landlord defendants prevailed as the plaintiff could not establish sufficient evidence that the landlords both knew of the dog's presence on the property and that they had actual knowledge of the vicious propensities of the dog. All of the evidence presented by both sides proved that the dog was not vicious, and therefore, the plaintiff could not recover against the landlords.
Obtained a defense judgment in a binding arbitration forum for a trip and fall case, where the plaintiff sustained a fractured ankle that necessitated surgical intervention. The plaintiff had a large six-figure boardable economic claim. The evidence presented at the proceeding revealed that the plaintiff had no evidence of any actual or constructive knowledge of the allegedly defective condition of the stair tread that failed, as plaintiff descended the stairs.
Boardable and Recoverable Economic Damages, Marshall Dennehey Client Seminars, April, 2018, March, 2018, February, 2017, January, 2017, December 2015, June 2015
Boardable and Recoverable Economic Damages, Marshall Dennehey CLE Seminar, April 2015
Pennsylvania UM/UIM Law: 2014 Updates, Safeco Insurance, December 2014
Find It Free and Fast on the Net: Strategies for Legal Research on the Web and Metadata Issues, National Business Institute CLE, April 17, 2013
"High Court Puts Brakes on Delay Damages for UM Claims," The Legal Intelligencer, Litigation: Auto Law Special Section, June 18, 2013
"Insurer's Delight: A Reduction in Delay Damages for UM Cases," Defense Digest, 2013-03, Vol. 19, No. 1
"Exculpatory Disclaimers Still a Downhill Battle in Pennsylvania," Defense Digest, Vol. 13, No. 1, March, 2007