Results

Obtained summary judgment in the U.S. District Court, Eastern District of Pennsylvania on behalf of a private school that had allowed a coach to resign after he exchanged thousands of text messages with a student, some of which were alleged to be sexual in nature. A number of years later, that same coach was arrested after having a sexual relationship with a 16-year-old student athlete while he was employed at a public school. He is currently in prison. The claim against our client was for negligence, and negligence per se, for violation of the Child Protective Services Law.

Obtained a non-suit after a three-week bench trial spread over several months in Bucks County, Pennsylvania. Our client was a third-party defendant in a multi-million dollar breach of contract claim related to an ERP software implementation. The defendant had filed a counterclaim against the plaintiff, alleging breach of contract related to a computer system outage that occurred during the course of our client’s consultant services at a public utility water company.

Marshall Dennehey attorneys successfully defended a claim of housing discrimination filed with the New York State Human Rights Commission. The complainant, who was receiving disability payments under the Social Security Program and Supplemental Security Income Program (SSI), sought to purchase a unit within our client’s cooperative association building.

Marshall Dennehey attorney successfully defended an auto manufacturer after a five-day jury trial in Burlington County, New Jersey. The plaintiff alleged a violation of the New Jersey Lemon Law, as well as breach of express and implied warranties, in connection with her lease of a vehicle she claimed to be substantially unsafe as a result of erratic shifting. Two different dealers were unable to find a problem with the way the vehicle shifted gears, but each performed customary software updates to the vehicle on all but one occasion.

Obtained summary judgment in a medical malpractice case on behalf of a family practice physician consulted to provide medical management for a female patient admitted to the hospital’s mental health unit. On the fourth day of the patient’s stay, she died as a result of bilateral pulmonary emboli. The case brought against the admitting psychiatrist, the hospital and our client alleged gross negligence in failing to provide prophylactic anticoagulation and failing to appreciate the risk for development of deep vein thrombosis due to an alleged immobility.

Obtained a defense verdict in a week-long jury trial involving wrongful death and survivorship claims brought by the estate of the decedent.

Obtained a defense verdict in a workers' compensation claim petition filed against a national eye lens manufacturer. The claimant alleged a stress fracture due to overuse of the left foot while working for the employer, where she stood 10-12 hours per day. The judge found that, despite the claimant’s extensive walking and standing during her shift, her injuries were pre-existing. The judge relied on the evidence and testimony of the defendant's medical expert over that of the claimant's expert.

Marshall Dennehey attorneys obtained a defense verdict on behalf of the largest superspeedway in Pennsylvania after a two-week trial in Philadelphia.  The trial involved consolidated claims by three different sets of plaintiffs for serious injury and a death after being struck by lightning while present in the race track's parking lot following the conclusion of a NASCAR stock car auto race. The plaintiffs sought both compensatory and punitive damages on the theory that our client and the co-defendant race sponsor received notification of a severe thunderstorm warning on the d

Obtained a decision denying and dismissing an original claim petition specific to an alleged lower back injury. The Workers’ Compensation Judge, relying on defense photo, video and testimonial evidence specific to the work site, determined that it was not possible the claimant had stepped off of a step into a drain hole as alleged. Additionally, the judge relied on surveillance evidence of the claimant tearing down a shed to discredit the claimant’s allegation of disability.

Successfully defended a national mid-market life insurance company in the litigation of a claim petition wherein the claimant alleged a debilitating lumbar nerve root injury while carrying company property from her car into her home. Under cross examination, the plaintiff admitted that she previously injured her back many months before the alleged work injury and was actively treating for the same at the time of the work incident. The claimant also admitted she was discharged from employment for cause and did not report the alleged work injury until after this discharge.