Jennifer L. McCallister
Summary Judgment Secured in a Pennsylvania Breach of Contract Matter
We won summary judgment before the Honorable Anthony Verwey in Chester County, PA. The plaintiff filed suit for breach of contract and violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (PAUTPCPL) against the defendants over the installation of an allegedly defective storm water remediation system. Summary judgment was sought on the grounds that the plaintiff could not prove damages without an expert.
Summary Judgment Won in Slip and Fall Case Involving a Large Supermarket Chain
We won summary judgment in Franklin County, Ohio, for a large supermarket chain in a slip-and-fall case. The plaintiff alleged he slipped and fell in the parking lot on ice that remained more than two days after the most recent snow fall and after the lot had been plowed and salted by a co-defendant. The plaintiff’s expert opined that no amount of remaining snow or ice is acceptable and that the standard of care according to the Ohio Building Code requires complete removal in order to maintain a “slip-resistant” surface.
Defense Verdict Received in a High/Low Arbitration
We received a defense verdict in a high/low arbitration. We represented a surgeon in a case in which the plaintiff alleged a delay in the performance of an appendectomy for a perforated appendix. The plaintiff went on to require a prolonged hospitalization and two subsequent surgeries. We successfully argued that the delay in the performance of the surgery did not result in any of the plaintiff’s alleged injuries.
Dismissal Obtained in Case Involving Motor Vehicle Accident
We obtained an order granting our motion to dismiss for failure to allege facts supporting a bad faith claim pursuant to Pennsylvania and federal case law. The case arose out of an uninsured motorist (UM) claim from a motor vehicle accident involving the plaintiff and a phantom vehicle. As a result of the accident, the plaintiff averred that he sustained various injuries, including to his head, neck, back, both knees and left shoulder. The plaintiff asserted an uninsured motorist benefit claim under his insurer’s policy, with $50,000 in UM benefits and with no stacking.
Dismissal with Prejudice Obtained in Dragonetti Action in Federal Court
We obtained a dismissal with prejudice of all claims in a Dragonetti action in federal court in the Western District of Pennsylvania. Our clients, a family law attorney and her law firm, were sued after they filed a series of emergency motions on behalf of a mother embroiled in a contentious divorce. The emergency motions concerned the welfare of children and contained sensitive allegations relating to purported abuse. Following the disposition of these motions, the husband and his current partner sued our clients for wrongful use of civil proceedings, abuse of process and defamation.
Successfully Defended Appeal in Legal Malpractice Action
We successfully defended on appeal the trial court’s grant of compulsory nonsuit in a legal malpractice action following the trial court’s rulings on various motions in limine. The trial court granted our clients’ motions in limine to preclude the plaintiff from introducing into evidence that its attorney sued the wrong parties, that its attorney obtained an uncollectable judgment, and that the plaintiff would have prevailed in a lawsuit against other parties.
Reversal Obtained in Pennsylvania Superior Court Regarding Denial of Objections to Venue
We obtained a reversal in the Pennsylvania Superior Court of the trial court’s denial of preliminary objections to venue. We successfully moved in the trial court for certification of the ruling pursuant to Pa.R.A.P. 311(b) so that an immediate appeal from the interlocutory ruling could be taken, and we subsequently prevailed on appeal. The litigation arose from a helicopter accident that occurred in Afghanistan. Both plaintiffs, husband and wife, resided in Arizona. Our client is a Delaware corporation located in Bucks County, Pennsylvania, that refurbished the helicopter.
Defense Verdict Obtained in Case Involving Motor Vehicle Accident
We obtained a defense verdict after a bench trial in the Philadelphia Court of Common Pleas, which found the plaintiff did not meet the definition of an insured entitled to underinsured motorist (UIM) coverage. The case arose out of a motor vehicle accident in which the plaintiff was a back seat passenger in a vehicle that was struck by the tortfeasor.