David S. Wolf

Successfully defended a homeowner in a Philadelphia jury trial whose tenant - his daughter and family - had a pit bull that jumped a fence and mauled the elderly neighbor next door. 

Granted a non-suit in a Philadelphia jury trial involving two adjacent homeowners whose shared common walkway was the location upon which the plaintiff tripped. We successfully argued that the alleged defect, a minimal height difference between the adjoining concrete surfaces, was trivial as a matter of law and barred a recovery by the injured plaintiff. 

Represented appellant Turner Construction Company in a case in which the Pennsylvania Superior Court reversed the lower court in Turner's favor. The court permitted the late service of an indemnity cross-claim by Turner and re-affirmed the principle that an indemnity agreement was not enforceable against an employer of the plaintiff in a third party action unless the agreement specifically covered claims by employees. Bianculli v. Turner Construction Co., et al., 433 Pa.Super. 237, 640 A.2d 461 (1994). 

Represented a construction company alleged to have negligently dislodged a ceiling tile above the food court of a shopping mall, resulting in significant neurological injuries to a customer. The case resulted in a lengthy jury trial during which the co-defendant mall, faced with punitive damages exposure, settled with the plaintiff for a significant sum. The jury found that the client company was only a minor contributor to the accident. 

Represented a leading package delivery and logistics services company in a case where their driver admitted to striking the plaintiff's vehicle. Despite this admission and proof that the plaintiff sustained a thoracic herniation, the jury returned a defense verdict for plaintiff's failure to prove a causal link between the accident and the injury. 

Represented a large construction company in a jury trial in which it was alleged that a company truck crossed the center line of a roadway and forced the plaintiff motorcyclist to fall and sustain severe leg injuries. The jury returned a nominal award for the plaintiff after the defense countered the extent of pain and suffering through aggressive use of surveillance techniques. 

Obtained a summary judgment in a home repair accident claim. The plaintiff was a subcontractor hired to perform window repairs at the client's house and fell off of a ladder upon descent, resulting in a leg fracture and internal fixation surgery. The plaintiff faulted the client homeowner, the only insured defendant, as being vicariously liable for the actions of the prime contractor, who plaintiff's expert characterized  as the "owner's representative."  David argued that the prime contractor remained independent, and there could not be vicarious liability for his alleged culpable conduct. The Court accepted the argument that the hiring of a contractor for home repair work does not establish an agency relationship in the absence of an explicit or implied understanding that such relationship existed. 

Obtained defense trial and arbitration verdicts for a regional grocery store chain in store "slip and fall" accidents, emphasizing the store's "clean sweep" inspections policies and use of the notice defense.

Bianculli v. Turner Construction Company, 433 Pa.Super. 237, 640 A.2d 461 (1994) 

Carpenter v. Radomski & Sons, Inc. (unpublished decision), 736 A.2d 2 (1998) 

Commonwealth v. Berthesi, 350 Pa.Super. 383, 504 A.2d 891 ( 1986)