Results

We won summary judgment in a wrongful death case, based on a lack of duty owed by a groom to his wedding guest, and dismissal of cross claims for lack of a viable contract owing indemnity under Azurak. The decedent was a plus-one guest at our client’s wedding, which was held at a multi-building facility in Moorestown, NJ. Specifically, the venue consisted, in part, of a 131-year-old home with a castle-like outward appearance. The home’s design includes an elevated terrace (raised approximately five feet and accessible by stairs) with an unguarded, flat ledge.

We received a successful trial result in a premises liability matter in Philadelphia Court of Common Pleas. The plaintiff’s expert projected future surgeries and extensive life-long medical care costs of $1.25 million. Much of our defense centered on damages and demonstrating that the projected future medical care was not supported by the actual medical treatment provided. Additionally, video of the incident was used to demonstrate that the plaintiff had actual/constructive knowledge of spilled water in the premises but proceeded to walk in that area anyway.

We were successful in a Philadelphia arbitration matter, obtaining a defense verdict as to the plaintiff’s claims and an order requiring the co-defendant to reimburse attorneys’ fees. It was undisputed that a motor vehicle accident occurred involving a third-party independent contractor of our client, a prominent homebuilding company. The plaintiff claimed he was a passenger in the vehicle and, accordingly, brought a negligence action against our client, who tendered its defense to the independent contractor based on a contractual provision requiring defense and indemnification.

We succeeded in partially dismantling a complex claim against a major health care client. The family of a former in-patient resident who died as a result of complications from the COVID-19 virus filed suit, raising claims that the patient was sexually assaulted while in the care of the hospital and a subsidiary ambulance company. Asked to join the defense team shortly before trial, we effectively discredited the plaintiff’s witnesses throughout the plaintiff’s case-in-chief.

We won a motion for summary judgment in a premises liability case where the plaintiff lost control of her e-bike while riding over leaves in our client’s RV sales lot. The plaintiff claimed that the fall caused an aggravation of a prior shoulder injury, resulting in surgery, as well as chronic pain in her low back. We argued that the leaves were a naturally occurring element of a wooded lot and, even if they were hazardous, they were open and obvious.

We received an opinion from the Workers’ Compensation Appeal Board affirming the decision granting our termination petition. The employer had accepted an “upper back area” injury through a Notice of Compensation Payable. Prior to issuing the NCP, the employer secured an IME, where the doctor ultimately opined that the claimant was fully recovered from a lumbar sprain. The workers’ compensation judge found that the claimant was fully recovered from the work injury based upon the credible opinions of the employer’s medical expert.

We secured summary judgment for a homeowners’ association. The plaintiff owned an apartment in a planned community and sought to drill a hole through the exterior wall of the building to vent an HVAC unit. The HOA denied his request, and the plaintiff asserted claims of negligence and breach of the duty of good faith and fair dealings, alleging that the HOA treated him unfairly by denying his request.

We obtained summary judgment for residential renters in a trip-and-fall case. The plaintiff tripped and fell on a set of porch steps at our clients’ home while attending a barbeque, breaking her ankle. She brought claims against the homeowner. The homeowner then joined our clients, asserting claims of negligence and contractual indemnity under the lease agreement.

We were granted final summary judgment in a slip-and-fall premises liability case. The plaintiff alleged she slipped and fell on an unidentified wet substance while waiting in line at the defendant’s convenience store. The plaintiff admitted she did not see the substance prior to her fall and did not know what it was, where it came from or how long it had been there. She testified that the wetness appeared to have been tracked in by other customers, noting their shoes were wet. We moved for summary judgment, arguing that the plaintiff could not meet her burden under § 768.0755, Fla.

We were successful in having a New York No-Fault (PIP) action fully discontinued, with prejudice. The plaintiff, a major medical provider, filed suit in Kings County Civil Court in the total amount of $25,805.85, claiming our client owed it for the claimant’s unpaid medical billing. The claimant had been involved in a motor vehicle accident and sought payment for medical treatment.