Results

Obtained summary judgment on behalf of a New Jersey roller skating arena. The plaintiff made a claim for injuries from a fall, claiming that his rental skate was the wrong size and too old to be in circulation. He claimed the worn leather was insufficiently “stiff” to support his ankle. The court dismissed the case, finding that the plaintiff failed to have an expert to support his position. 

Obtained a defense verdict on behalf of a primary care physician. ​The plaintiff alleged the physician failed to order a blood test that would have detected a rare blood disorder called TTP. Five days after seeing our client, the decedent’s condition rapidly declined, and two days later, he died. Prior to trial, the plaintiff’s demand was almost $1 million. The defense was multifaceted. First, our client directed the decedent to the hospital where a blood test would have been performed, but the decedent refused.

Obtained a defense verdict in the U.S.D.C. for the Southern District of New York. ​Our insurance company client adjusted a burglary loss of roughly $1.3 million and wired the proceeds directly to the insured rather than to the bank named as a loss payee on the policy. The bank had a security interest in the stolen inventory and was owed more than $2 million by the insured. Upon receipt of the proceeds, the principal of the insured abandoned his business (and his wife, who was a co-guarantor of the insured’s indebtedness to the bank) took the money and fled the country.

Successfully defended an OB/GYN in a three-day medical malpractice jury trial in the Court of Common Pleas of Erie County, Pennsylvania. ​Our client had performed a hysterectomy on a 76-year-old woman due to a Grade 3 uterine prolapse. The day following the hysterectomy, the plaintiff was experiencing symptoms consistent with internal bleeding, and a second surgery was successfully performed by our client to address the bleeding.

Successfully defended a special education due process hearing officer in a civil rights action filed in the Eastern District of Pennsylvania.  ​The parent of a child with special needs initially filed a due process complaint against the local school district, alleging violations of the student’s rights under the Individuals with Disabilities Education Act.

Successfully defended a national thermographic inspection company in litigation surrounding an employee’s alleged stroke and disability. ​The claimant asserted that, while on a job for the company, he suffered a work-related stroke, secondary to long periods of travel. It was discovered that the claimant had a congenital hole in his heart. He alleged that traveling for the company caused plaques in his circulatory system to dislodge and damage his heart, leading ultimately to a stroke.

Obtained summary judgment on behalf of a township and its sewage enforcement officer resulting from an alleged negligent inspection and approval of a septic system. ​A current owner of a residential property in the township filed suit against the seller of the property who installed the septic system, as well as the township, claiming that the residential septic system was defective after a back-up of sewage into the residence.

Obtained a termination of benefits and a denial of claim and penalty petitions in a case where the claimant had injured his lower back from a slip and fall while working as a forklift operator. The defense presented credible testimony from a medical expert that the claimant’s injuries were limited to a lumbar sprain/strain and that the claimant had fully recovered as of the date of the IME.

Obtained a defense verdict in a jury trial on behalf of a regional supermarket chain. ​A vendor claimed he was struck by a large swinging door that was extended beyond its limits by a piece of machinery being operated by a store employee. When the machinery cleared the door, the plaintiff claimed the door was caused to snap back and accelerate towards him, causing injury to his left shoulder, neck and back. There was no wage loss, but there was a $25K workers’ compensation lien.

Obtained summary judgment in an EPL matter where the plaintiff, a former employee of the defendant company, claimed that she was terminated because of her age in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 105-12. The defendant company had an office in New Jersey, but the plaintiff worked out of her home in Massachusetts. According to the defendant, in the seven years prior to her termination, she had not traveled to New Jersey for any work-related reason.