Results

Obtained a defense verdict in a construction defect case after an eight-week jury trial. This was a construction defect/defective design claim brought by a retired CEO of a major automobile manufacturer who had purchased a home on Sarasota Bay for approximately $19 million. He began remodeling the 21,000 square foot home, which eventually led to a $19 million remediation claim.

Obtained summary judgment on behalf of the world’s largest furniture retailer in the Butler County, Ohio Court of Common Pleas. ​The plaintiff was sitting on a pallet in the self-service aisle when a boxed sofa fell on her. The plaintiff claimed soft tissue injuries to her neck and back as well as post concussive syndrome. The court granted summary judgment on the basis that the plaintiff failed to present any evidence that the retailer knew of a hazard that might harm a customer. 

Successfully defended a penalty petition seeking more than $100,000 in unpaid medical bills. The claimant asserted that the parties entered into a Compromise and Release Agreement, which obligated the defendant to continue to pay ongoing medical treatment if the defendant chose not to proceed forward with payment of a Medicare Set-Aside proposal of $78,624.36.

We successfully defended a premises liability claim at arbitration on behalf of a beauty supply retailer. The plaintiff was a patron of the store, which sold wigs and assorted beauty products. While sitting at a vanity trying on a wig, a five-foot hollow pole used to grab wigs from higher shelves moved from its resting position against a wall. The pole, weighing less than one pound, allegedly struck the plaintiff on her forehead and then her right hand. The plaintiff claimed she sustained a concussion and permanent disability in her right index finger.

Obtained summary judgment in an employment discrimination and retaliation lawsuit filed in the U.S.D.C. for the Eastern District of Pennsylvania. The plaintiff worked for the public works department of a large municipality. The municipality terminated the plaintiff after conducting an investigation into the theft of a co-worker’s smartphone. The plaintiff alleged that she was terminated because of her gender, sexual orientation and in retaliation for assisting a co-worker in filing an EEOC Charge.

Obtained summary judgment and the dismissal of all claims against a municipality. ​The case involved a motor vehicle and pedestrian collision on a state road that was within the municipality and was undergoing extensive reconstruction. The plaintiff and co-defendants maintained that the construction site, being within the borough, was under its control as the borough was allegedly responsible for closing the sidewalks during construction and forcing pedestrian traffic into the street.

Obtained a non-appealable defense award at binding arbitration in an alleged negligent procurement of insurance case. The plaintiff alleged the insurance agent failed to obtain comparable coverage to the plaintiff’s prior coverage, resulting in an uncovered property damage loss of $220,000. While the arbitrator found that the agent violated his duty of care to the plaintiff, the defense successfully argued that the plaintiff’s own contributory negligence in failing to review and understand his coverage was sufficient to bar any recovery. 

Obtained summary judgment in favor of a snow removal company in a case involving an alleged fall on snow and ice in a parking lot at JFK Airport. ​Our client was hired to remove snow in various locations at the airport. The plaintiff alleged that our client failed to perform snow removal properly, as a result of which, ice was allowed to form, on which the plaintiff slipped. In a 19-page decision, the court granted summary judgment to our client.

Obtained summary judgment on behalf of a dollar store chain in a product liability case. ​The plaintiff was burned over half her body when an allegedly defective potholder, sold by our client, ignited while she was getting a pan out of her oven. The potholder ignited her nightgown, which went up in flames. Adam represented the retailer before the Supreme Court, New York County.

Obtained summary judgment for a developer and general contractor in a construction defect case. ​The plaintiff, a homeowners association, sued multiple parties seeking $2.5 million in damages related to water infiltration due to the allegedly negligent installation of roofing, exterior cladding, windows, doors, railings and decks. We also represented several previous developer/association board members who were sued individually. Prior to filing suit, the plaintiff filed a claim with the state of New Jersey under the Home Owners Warranty program.