We obtained summary judgment on a construction defect claim in Susquehanna County, Pennsylvania. The court dismissed the plaintiffs’ claims against the defendant, a homebuilder, in their entirety for the plaintiffs’ failure to adequately prove breach of contract, breach of express and implied warranties, fraud in the inducement, wrongful conversion and various alleged violations of the Pennsylvania Unfair Trade Practices Act.

Our appellate attorneys successfully convinced a Philadelphia trial judge to grant judgment notwithstanding the verdict and nullify a $1.8 million jury verdict against a Philadelphia hospital. The case involved a fall in the hospital’s bathroom, and the trial judge determined that the plaintiff’s trial evidence failed to demonstrate that the hospital was responsible for the fall. 

Our appellate attorneys were victorious in the Pennsylvania Superior Court, which granted a judgment notwithstanding the verdict and nullified a $5.6 million judgment in a construction accident case. In a unanimous, precedential opinion, the court ruled that the general contractor represented by our attorneys was the plaintiff’s statutory employer and, thus, immune from suit. Yoder v. McCarthy Constr., Inc., 2023 PA Super 13 (Pa. Super. 2023).

This was a wrongful death/survival action alleging malpractice against the primary care physician (PCP) and her practice, as well as numerous other physicians and two hospitals in Montgomery County, PA. The plaintiffs' decedent was a 42-year-old female with chronic respiratory problems including asthma, sinusitis, hypertension, morbid obesity, diabetes and other issues. The doctor was the plaintiff's long-standing PCP and saw the plaintiff three days prior to her emergent admission to the Emergency Department where she was diagnosed with a pulmonary embolism (PE).

The plaintiff filed a medical malpractice case, claiming the emergency room physician failed to appropriately treat her elevated blood sugar and groin abscess, leading to necrotizing fasciitis. The evidence presented to the jury supported the argument that the emergency room physician appropriately treated the small spontaneously draining groin abscess as presented, there were no signs of systemic infection, and the physician gave appropriate instructions for the plaintiff to return to the hospital if her symptoms changed or worsened.

We obtained summary judgment on behalf of an orthopedic surgeon based on the statute of limitations despite the plaintiff’s claimed application of the discovery rule. After conducting written discovery and deposing the plaintiff to solidify that the medical professional liability action was untimely commenced, we early on filed a motion for summary judgment in an effort to avoid the incurrence of significant additional expense in defending the case through the remainder of the discovery process.

The plaintiff alleged that his client and a neighboring property owner were responsible for water and septic intrusions onto the plaintiff’s property. The three Bucks County properties formed a large triangle between two roads in Perkasie, Pennsylvania. The plaintiff’s complaints against his neighbors went back over seven years. We argued the trespass onto the plaintiff’s property was permanent in nature and was barred under the statute of limitations, and that the plaintiff’s experts failed to establish the intrusion emanated from our client’s property.

We obtained a summary judgment on behalf of our client in a trip and fall matter where the plaintiff tripped and fell on a raised sidewalk in front of the defendant’s private residence. The plaintiff suffered significant injuries, including a displaced fracture of the shoulder and humeral head fracture, requiring a complete shoulder reverse arthroplasty. The plaintiff’s demand was $750,000.

We won summary judgment on behalf of a retail store in a slip and fall case in Ohio. The plaintiff alleged serious injuries as a result of slipping and falling on a spill of an oil substance in the parking lot, right outside the front entrance doors. The plaintiff argued that she was pushing a shopping cart and alleged that pushing a shopping cart creates an attendant circumstance that blocked her vision.

The plaintiff included a count seeking to pierce the corporate veil and pursue the principals of the liquor licensee under an enterprise theory of liability. We argued that there is no cause of action for corporate veil piercing under an enterprise theory; rather, these theories are used to recover if, and only if, the entity is not able to satisfy any judgment against it. The court dismissed the count.