Results

After an 11-day, hard-fought trial, we prevailed and obtained a defense verdict on behalf of four physicians and a major teaching hospital in Philadelphia. The medical malpractice action involved the labor and delivery of a baby later alleged to have a hypoxic birth injury that caused developmental delays and permanent brain damage, among other issues. The plaintiffs’ experts boarded $21 million in future medical costs to take care of the child, and the demand in the pretrial was commensurate with those numbers.  

We received a favorable decision that saved our client millions of dollars. The claimant filed a claim petition alleging he sustained a left shoulder dislocation, stroke, traumatic brain injury, gait dysfunction, central pain syndrome and post-traumatic seizures as a result of a fall at work. After the claimant fell at work and sustained a left shoulder dislocation, he went to the hospital for the dislocation, was treated and discharged. Four days later he sustained a stroke at home. He had multiple surgeries and was hospitalized for four months.

We successfully had the claimant’s claim and penalty petitions denied by proving the alleged injury occurred much later than claimed. The claimant, a technical operator responsible for shaping and packing cheese, alleged that he suffered a left shoulder tear with internal derangement, requiring surgery, as a result of using a long stick-like tool to dislodge cheese that had gotten stuck in a machine during the production process. The claimant asserted that he provided timely notice of his work-related injury to his supervisor; within a few days after the injury occurred.

We received a defense verdict on a claim petition in a case where the claimant sustained a shoulder injury during the course and scope of employment. The employer brought the claimant back to work, to a light-duty driving position that caused a limited loss of wages (for about 1.5 months). They then allowed the claimant to earn his pre-injury wages. The job was so light that the claimant was found sleeping in the employer’s truck during work hours. He was discharged for cause.

We received a defense verdict on our termination petition in a case where the claimant sustained a low back injury when he slipped and fell in an elevator during his employment. The employer had an IME wherein the claimant was pronounced fully recovered from strain injuries. The claimant presented evidence that alleged disc injury and ongoing radiculopathy. The matter proceeded to litigation and a decision on the merits.

We were successful in having our petition to terminate the ongoing receipt of temporary partial disability benefits granted on the basis that the claimant had voluntarily removed himself from the workforce.

We won a motion for summary judgment in Schuylkill County, PA, in a premises liability and product liability case. We represented the manufacturer of a concrete railroad crossing that was installed at an intersection in 2005. In 2021, the plaintiff was riding his bike across the crossing when his bike tire allegedly became stuck in a gap in the concrete. There was ample evidence that the railroad was responsible for inspecting and maintaining the crossing while our client did nothing other than supply the prefabricated crossing.

We received a defense jury verdict before the Delaware Superior Court, New Castle County. Although liability was undisputed at trial, damages were disputed. The plaintiff sought damages for head, neck, back and left shoulder injuries. He had $350,000 in future medical bills and $78,000 in past medical bills that he could board. The plaintiff also had a $5 million lost wage claim that we were able to get dismissed prior to trial on a motion in limine.

We convinced the Commonwealth Court of Pennsylvania to reverse the trial court’s denial of motions for post-trial relief and to direct entry of judgment notwithstanding the verdict in favor of our client. The plaintiff was injured while standing unsupported on a moving bus. He lost his balance when the bus accelerated away from a bus stop, grabbed an overhead bar to keep from falling, and injured his arm. The video showed that only the plaintiff lost his balance when the bus started moving.

We obtained summary judgment in a lawsuit arising from an injury suffered at an indoor trampoline park. During the deposition, the plaintiff admitted that there are inherent risks of engaging in trampoline activities, including the risk of being injured. Under the no-duty rule, a defendant owes no duty of care to warn, protect, or insure against risks which are common, frequent, expected and inherent in an activity. In the motion for summary judgment, it was argued that a trampoline park has no duty to protect patrons from the inherent risks of injury when jumping from a trampoline.