Successfully Defended a Pennsylvania Township in a Fatal Claim Petition

We successfully defended a township in Bucks County in the litigation of a fatal claim petition. The widow made an allegation that the decedent (a police K-9 officer) died in his home as a result of exercising with his police dog before heading to work. The fatal claim petition alleged that the decedent died of hypertrophic cardiomyopathy brought on by “vigorous exercise.” The widow presented an expert who held himself out to be a cardiologist. We established during voir dire examination that the expert had no Board Certification in cardiology. We also forced the expert to admit that cardiomyopathy was a pre-existing condition that, in a vast majority of cases, causes death without exertional activity. The widow testified in the matter, but on cross examination she could not confirm the decedent’s exercise because she was asleep at the time. The widow presented a detective and a police chief who asserted that the decedent was in the course and scope of employment at or near the time of death, but both witnesses on cross examination were not present on the morning of the decedent’s death and could not verify that the decedent was undertaking exertional activities. We presented a Board Certified cardiologist who testified that cardiomyopathy is a hereditary condition and not caused or aggravated by activities. The decedent’s death was, therefore, characterized as death by natural causes. The court delivered a full defense verdict in dismissing the fatal claim in its entirety.