Defense Digest

On The Pulse … OUR LITIGATION ACHIEVEMENTS... We Are Proud Of Our Attorneys For Their Recent Accomplishments...

Doug Suplee (Cherry Hill, NJ) obtained a defense verdict on behalf of DaimlerChrysler Corporation following a bench trial before Judge Patrick McManimon in Mercer County. The plaintiff asserted claims pursuant to the Uniform Commercial Code and Federal Magnuson Moss Warranty Act for alleged non-conformities in her motor vehicle. In finding in favor of the defendant, the court noted that the plaintiff had not met her burden in establishing that DaimlerChrysler breached any warranties issued to the plaintiff.

Richard Kraemer (Philadelphia, PA) obtained a defense verdict on behalf of his client in a product liability matter after a jury trial before Judge Norma Shapiro in the United States District Court in Philadelphia.

James McGovern (Pittsburgh, PA) obtained a dismissal, with prejudice, of the plaintiff's complaint on preliminary objections in a legal malpractice case. The plaintiff alleged that the defendant attorney and his law firm engaged in fraudulent conduct in the defense of an underlying vehicle rollover/crashworthiness tort claim. The court determined that the plaintiff's case was without merit and frivolous.

James also obtained a dismissal of the plaintiff's complaint, with prejudice, on preliminary objections in a legal malpractice case in which the plaintiff alleged that his attorney was negligent in the handling of his criminal case. The plaintiff was convicted of murder and is serving a life sentence. He alleged that his attorneys failed to file a habeas corpus petition in a timely manner. The court dismissed the case against the partner in the two-member law firm who did not handle the plaintiff's case. The other partner who did handle the case is serving time for several DUI convictions and neglected his client's matters. The plaintiff's appeal to the Superior Court has been quashed.

Thomas O'Malley (Philadelphia, PA) received a defense verdict in a bench trial in Delaware County in a negligence claim brought by a elderly reverend against the White Glove Car Wash.

Michelle Wilson, Jody Mooney and Dave Williams (Bethlehem, PA) obtained summary judgment in a medical malpractice claim. It was alleged that our client negligently performed a Functional Capacity Evaluation which suggested that the plaintiff was exaggerating his injuries which lead, in turn, to the plaintiff being returned to his job without restrictions and allegedly resulting in disabling reflex sympathetic dystrophy. The plaintiff, a highly paid electrical engineer, was alleged to have been totally disabled with a projected wage loss of over $4 million. Michelle and Jody prepared the summary judgment motions and briefs arguing that there was no patient/therapist relationship which would support a claim for medical negligence. Dave argued the case before the Court of Common Pleas of Northampton County.

Kate McGrath (Norristown, PA) obtained a defense verdict on behalf of a cardiologist in a medical malpractice case after a two-week jury trial before Judge James F. Proud in the Court of Common Pleas of Delaware County.

Tracy Burleigh (Wilmington, DE) obtained a defense verdict on behalf of DaimlerChrysler. Tracey tried the case to a six-member jury. The jury found no breach of warranty (express or implied) and no breach of contract.

Candy Barr Heimbach (Bethlehem, PA) successfully defended her clients, a doctor and his practice, in a medical negligence matter set for trial in Lehigh County. The case involved allegations that multiple caregivers in the hospital failed to act upon signs of blood loss in a patient who fell off a bicycle and ultimately was rendered a spastic quadriplegic after the rupture of her splenic artery. Despite pressure on the day of trial for settlement contributions from all of the defendants, her clients were the only defendants ultimately not required to contribute to what the trial judge described as the highest known settlement in the country.

Ross Carrozza (Scranton, PA) received a successful decision from Judge Kurtz on the defendant's petition for modification/suspension in a workers' compensation matter.

Ross also obtained a successful decision from Judge Peleak. The claimant exited the employer's premises after punching out and decided to climb over the fence rather than walking around the block to get to his car. The judge denied the claimant's claim petition and found that he was not in the scope and course of his employment at the time of his injury.

John Riddell (Newtown Square, PA) obtained a defense verdict before Judge Shenkin in Chester County. The case involved a slip and fall on a wet garage floor located at his client's residence. The plaintiff contended that the water came from a leak in the garage roof which was known to the defendant. The defendant allegedly failed to disclose the defect to the plaintiff. As a result of the fall, the plaintiff suffered a serious comminuted fracture of his right femur, just above a knee prosthesis.

Kevin Conaboy (Scranton, PA) obtained a defense verdict after a jury trial before Judge Kenneth Seamans in Susquehanna County. The plaintiff alleged to have sustained multiple rib fractures and multiple compression fractures as a result of a motor vehicle accident. The jury found that the plaintiff's injuries did not constitute a serious impairment of a bodily function, and that the plaintiff, therefore, could not recover.

Steve Barcavage (Harrisburg, PA) obtained a successful result in a medical malpractice action before a Binding Arbitration Panel. The plaintiff is a now-comatose/persistent vegetative state patient with anticipated life care costs of approximately $20 million. Steve represented the primary care physician and successfully obtained a nonsuit in the proceeding.

Kathy Walsh (Scranton, PA) obtained a defense verdict in a case involving an automobile/ATV accident at an intersection. The Wyoming County jury found that her client was not negligent in operating her motor vehicle despite leaving seventy-two feet of skid marks before impact.

Kathy also obtained a defense verdict in a limited tort case where negligence was admitted. The plaintiff claimed an aggravation for prior neck and low back problems, as well as a left facial injury in the form of trigeminal neuralgia and trigeminal neuropathy. The Lackawanna County jury found that the plaintiff did not sustain a serious impairment of a body function.

Joan Orsini Ford (Doylestown, PA) and Jackie Reynolds (Norristown, PA) obtained a defense verdict on behalf of their client in a medical malpractice action in Philadelphia. The plaintiff claimed that there was a delay in diagnosis of breast cancer based on a series of allegedly misread mammograms. At the time of diagnosis, the tumor was 5.5 cm and there were 24 positive lymph nodes. Because of the delay in diagnosis and fear of reoccurrence, the plaintiff allegedly underwent a bilateral mastectomy.

Ross Carrozza (Scranton, PA) obtained a successful decision on a Petition for Modification/Suspension in which the judge found that the claimant could perform full-time light-duty work, and that the jobs offered to the claimant fit within the restrictions.

Jim Stevens (Philadelphia, PA) successfully obtained a defense verdict for DaimlerChrysler Corporation. The case was tried before Judge Bonavitacola and involved the plaintiff's allegation of breach of warranty and fraud under the Magnuson-Moss Warranty Improvement Act and the Unfair Trade Practice Act.

Fred Roller and John Hare (Philadelphia, PA) successfully argued before the Pennsylvania Supreme Court, which awarded judgment as a matter of law to the defendant, notwithstanding a $465,000 verdict for the plaintiff. In reversing the trial court and Superior Court, the Supreme Court sharply limited the use of res ipsa loquitur in medical malpractice cases.

Donna Modestine (Newtown Square, PA) obtained a successful decision after the arbitration of a medical malpractice matter. The plaintiff alleged that the defendant doctor misinterpreted x-rays of the plaintiff's right foot as showing no acute fractures or dislocations. The plaintiff contended that, as a result of walking around on the fracture for approximately two months, he was forced to undergo surgery of the right foot to stabilize the navicular fracture. The defense received a unanimous decision by the Arbitration panel.

Diane Magram (Cherry Hill, NJ) successfully argued a summary judgment motion based upon the verbal/tort threshold. The plaintiff argued that her injuries (including knee and shoulder surgery) had a serious impact on her life sufficient to pierce the verbal threshold. Diane argued that the injuries were not significant or serious enough to pierce the threshold sine she had a past medical history of both knee and neck and back degenerative changes and pain. The arbitration award was $65,000.00, which the plaintiff rejected. The judge agreed with Diane's analysis and granted summary judgment in her favor.

Fred Roller (Philadelphia, PA) had a successful result in a case he recently tried in Philadelphia County. Fred's client, a neurologist, and the co-defendant Emergency Room physician were accused of failing to timely diagnose and treat a stroke, as a result of which the plaintiff was totally disabled with damages ranging between $3 and $4 million. Immediately prior to closings, the case was settled by the co-defendant with no contribution from our client.

Fred also obtained a defense verdict in Bucks County on behalf of two podiatrists who were alleged to have performed improper pre-operative evaluation, surgery and postoperative care, in addition to lack of informed consent in the treatment of a collapsed ankle condition. Following a surgical procedure in which the majority of the foot was fused, the plaintiff alleged to be permanently disabled and forced to wear a cast boot for the rest of her life. The jury returned a defense verdict after approximately 30 minutes of deliberation.

Robin Snyder (Scranton, PA) obtained a defense verdict in an automobile case where liability was disputed. Both sides had accident reconstruction experts who blamed the other driver for crossing the center line. The Monroe County jury found that the defendant was not negligent.

Steve Day (Newtown Square, PA) obtained a defense verdict in Chester County on behalf of an orthopedic surgeon. The claim involved a total hip replacement and allegations that one leg was left much longer than the other, along with associated claims of pain and other problems.

Jim Wilson (Scranton, PA) obtained a defense in Federal Court in Scranton in a case involving a contract claim against Liberty Mutual Insurance Company.

John Gonzales (Norristown, PA) obtained a defense verdict in a two-week trial in the United States District Court before Judge Kelly on behalf of a police sergeant in a racial discrimination lawsuit brought by a minority applicant who claimed discrimination in the hiring practice due to his race.

Sam Casolari (Akron, OH) obtained a summary judgment in a premises liability case in the Columbiana County Court of Common Pleas, Ohio. The court noted that the plaintiff failed to prove actual or constructive notice of a dangerous condition on the premises and accordingly was not liable.

Nadira Kirkland and Eileen Warner Strulson (Cherry Hill, NJ) obtained summary judgment in a long-term care case on the issues of punitive and pain and suffering damages. The decedent left the premises when a door was left unlocked and was not found until the following day. As no autopsy was performed, the court agreed with the defense's argument that a jury could not decide the time of death and dismissed the pain and suffering claim. Punitive damages were also dismissed because the plaintiff failed to prove that the conduct of the facility's employees met the requirement of willful wanton conduct. The only damages left for the jury to decide in this case are the funeral costs and some minimal physician fees.

Tony Natale (Philadelphia, PA) successfully argued before the Workers' Compensation Appeal Board, which accepted his argument and reversed the Workers' Compensation Judge who had previously awarded an apportionment of liability between Tony's client and the co-defendant. The Workers' Compensation Appeal Board decision now saddles liability totally with the co-defendant.

In another matter, the Workers' Compensation Judge accepted Tony's argument and terminated a claimant's benefits from a previous low back injury with radicular complaints.

Tony's argument in a third case that a claimant's carpal tunnel syndrome was not due to repetitive trauma but, instead, due to an underlying metabolic condition was accepted by the Workers' Compensation Judge. The claim petition was denied and dismissed.

In this matter, the Workers' Compensation Judge accepted Tony's argument and granted his termination request based on a full recovery from carpal tunnel syndrome, while at the same time dismissing his client from the claim petition involving a shoulder injury and pinning liability on the co-defendant.

Tony's termination petition in this matter was granted by the Workers' Compensation Judge, who also denied the claimant's reinstatement petition. The claimant had a ligament tear in his knee and claimed that he remained totally disabled from the workforce. Benefits are now terminated.

Finally, Jack Slimm (Cherry Hill, NJ) obtained a dismissal of a legal malpractice case that was recently affirmed on appeal to the 3d Circuit Court of Appeals. In this case, Mr. Slimm defended a CNA insured attorney and law firm who allegedly mis-handled a divorce case. The 3d Circuit agreed with the U.S. District Court for the District of New Jersey and Mr. Slimm's trial court position. The defense successfully obtained a dismissal because plaintiff failed to submit an Affidavit of Merit and an expert report that established a deviation from the requisite professional standard of care. Mr. Slimm successfully persuaded the trial court and the 3d Circuit that the "common knowledge" doctrine does not apply when it is alleged that the professional failings of an attorney caused damages.