Defense Digest

On The Pulse...Our Litigation Achievements...We Are Proud Of Our Attorneys For Their Recent Achievements...

CASUALTY

Matt Stone and Dan Krebbs (Philadelphia, PA) obtained a defense verdict in an automobile accident case following a four-day jury trial in Philadelphia County. The plaintiff claimed to have dislocated his shoulder following an automobile accident at 30th Street Station with our client, the operator and owner of a dump truck. The plaintiff's settlement demand at the time of trial was $125,000. The jury found that our client was not negligent and returned a defense verdict after three hours of deliberations.

Kevin McKeon (Cherry Hill, NJ) achieved a defense verdict in a jury trial in Atlantic County, New Jersey, on behalf of Sea Ray Boats, Inc. and Brunswick Boat Group. A 24-foot Sea Ray boat took on water and sank in a small craft advisory in the Atlantic Ocean. The boat was completely destroyed. The plaintiff's expert claimed that a defect in the hull's manufacture caused the boat to take on water and sink. Sea Ray's expert opined that there was no defect in the hull and that a large crack, which was indeed found in the hull after the boat washed up on shore, was as a result of the sinking but did not cause the boat to sink. After a five-day trial, the jury returned a verdict in favor of defendants 7-0, finding no defect in the hull.

Mark Thompson and Laurie Beechner (Orlando, FL) obtained a defense verdict on behalf of Sea World of Florida in a four-day slip and fall trial in Orlando. The plaintiff, a 56-year-old solicitor from England, sustained a monteggia fracture of the left elbow requiring an open reduction and internal fixation. She claimed to have slipped on a metal grate installed in a pedestrian walkway, which her expert insisted fell below all applicable standards for slip resistance. Even though there was no evidence of comparative negligence, nor any alternative explanation for her fall, Sea World was able to convince the jury the grate did not represent an unreasonably dangerous condition.

Jack McGrath (Scranton, PA) successfully defended an automobile case in which the plaintiff died on impact. The state police did an in-depth investigation into the accident and determined that the defendant was at fault for the accident. Through the defense expert and the testimony of the first responders, we were able to establish that the roadway where the accident occurred was ice covered, in an area known to have severe weather. The jury was out approximately 30 minutes and came back with a verdict finding the defendant not negligent for the accident. During cross-examination of the plaintiff's expert, the state trooper who did the in-depth investigation and reconstruction, we were able to show that the accident could not have occurred as his report suggested.

Eric Weiss and Laurie Falcone (Philadelphia, PA) successfully defended Rite Aid of Pennsylvania in a case tried before a jury in Philadelphia. The plaintiff alleged he was brutally beaten by two undercover security guards, resulting in multiple fractures of his left orbit and numerous other injuries. The plaintiff asserted claims of assault and battery, false imprisonment and negligent supervision. The security guards denied that any improper physical contact occurred and contended that the plaintiff left the store after being stopped without any injury. Depending on the times involved, the jury could have found that the plaintiff ended up at the hospital within 15 to 20 minutes of leaving Rite Aid or up to 90 minutes later. The defense proved the plaintiff's multiple convictions of crimes involving dishonesty, misstatements in his deposition and trial testimony. Also, over ten employees were produced, none of whom saw or heard any assault. A former employee who testified that beatings at the store were routine and that he witnessed this assault was totally discredited.

J. Patrick Geraghty (Roseland, NJ) obtained a dismissal for our defendant after winning a hearing before the U.S. District Court for the Southern District of New York in an Admiralty cargo-loss case brought under the Carriage of Goods by Sea Act. After a full hearing, including courtroom testimony by witnesses, the defendant/third-party plaintiff marine cargo terminal successfully argued that the third-party defendant trucking company had been served with the third party complaint in accordance with the F.R.Civ.P. and the trucking company did not have a meritorious defense to the action. The court allowed Patrick's argument that the plaintiff could take a direct judgment against the trucking company under F.R.Civ.P. 14(c) Third-Party Practice, Admiralty and Maritime Claims.

EMPLOYMENT LAW

John Gonzales (King of Prussia, PA) obtained a defense verdict on behalf of Montgomery County in an age discrimination and sex discrimination case in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiff served as an official court reporter for the Montgomery County Court of Common Pleas for 13 years. She was terminated in 2003 for lateness issues.

Ronda O'Donnell (Philadelphia, PA) obtained summary judgment in an age discrimination case for a local community college. The case involved a voluntary early retirement incentive plan (VERIP) negotiated as part of a collective bargaining agreement between the College and the Association of faculty members. The plaintiffs (who retired at ages 62 and 66) alleged that the VERIP discriminated against them on the basis of their age since the early retirement incentives decreased yearly based upon a faculty member's years of service. At the time the VERIP was put into place, the plaintiffs were unable to elect to receive the highest tier of incentives since they had already worked at the College over 30 years. The Judge ruled the VERIP lawful and granted summary judgment to the College on the plaintiffs' disparate impact and disparate treatment theories of liability.

Sharon O'Donnell and Peggy Morcom (Harrisburg, PA) obtained a defense verdict on an alleged unlawful employment retaliation claim. The plaintiff was an African American female who filed a race discrimination complaint with the Pennsylvania Human Relations Commission against her employer, the Harrisburg Area Community College. After the College received a finding of no probable cause three months after the complaint was received, the plaintiff's job was eliminated through a complex business plan in which 40 percent of the plaintiff's job responsibilities were decentralized and transitioned to regional campuses. The plaintiff was offered a position in another department but refused it because she did not feel qualified to perform the job duties of that position. Complicating matters was her claim that she suffered continued harassment by her supervisor, whom she believed harbored a discriminatory animus and implemented the elimination of her job in retaliation for filing the PHRC Complaint.

HEALTH CARE LIABILITY

Candy Barr Heimbach (Bethlehem, PA) obtained a defense verdict in favor of her clients, an orthopedic surgeon and his practice. The plaintiff fell from a roof at work in 1998, suffering injuries to his wrist, ankle and elbow. He initially alleged medical malpractice against our client for all injuries but lost certain applicable x-rays. After a motion for summary judgment by Michelle Wilson (Bethlehem, PA) for spoliation of the films, the claims were limited to the allegation of negligent treatment of an Essex-Lopresti injury of the forearm, by way of excision of the radial head without insertion of a spacer. The plaintiff alleged continuing pain and lack of function in the forearm and the eventual need for a fusion surgery to create a one-bone forearm. The jury returned a verdict of no negligence.

Steve Ryan and Wendy Bracaglia (King of Prussia, PA) successfully defended the Chief of Maternal Fetal Medicine at a New Jersey University-affiliated hospital in a trial in Middlesex County involving a 21-year-old Dominican woman whose labor induction for post-datism and polyhydramnios (excessive amniotic fluid) was interrupted due to fetal intolerance of labor. Following c-section delivery of a healthy baby, she experienced uterine atony, and her bleeding could not be stopped with medicines or ligation of uterine blood supply, as a result of which she lost her uterus. This was the first case tried by our firm in its capacity as AIG Regional Birth Injury Panel Counsel.

Lynne Nahmani (Cherry Hill, NJ) successfully defended a surgeon in the Superior Court of Camden County. The plaintiff proceeded to trial for the death of his father, alleging that the surgeon's failure to remove an inflamed section of the descending colon during an exploratory laparotomy caused his father's death. It was alleged that the patient had diverticulitis. This diagnosis was later confirmed on autopsy. The claim resulted in a defense verdict after a medical judgment charge was given. The jury found that the doctor did not breach the standard of care.

Paul Laughlin (Bethlehem, PA) won a defense verdict following a three-week medical malpractice trial involving claims of medical negligence in the delivery of an infant who suffered a traumatic brain injury. The plaintiff's claim that a misperception of the baby's presentation resulted in an improper application of forceps, which caused a depressed skull fracture and the resulting brain injury. However, the defense argued that the brain injury, which was described as "diffuse," was not caused by the fracture and the fracture itself was spontaneous and not caused by the forceps. The jury returned a verdict of no negligence.

Frank Leanza (Roseland, NJ) obtained a defense verdict in a medical malpractice case in which the plaintiff claimed that the failure to diagnose and treat a knee infection lead to septic shock and multiple amputations. The plaintiff, a 41-year-old woman, presented to the hospital with a history of having twisted her knee several days earlier and was found, on examination, to have swelling and warmth about the knee. She was released with instructions to return if her symptoms worsened. The plaintiff returned eight hours later with a septic joint, after which the plaintiff went into full septic shock, with multiple complications, necessitating the amputations. The plaintiff's expert opined that a septic joint should have been suspected on the plaintiff's first visit, with the defense contending that the plaintiff's history presented symptoms consistent with a traumatic knee injury. The jury returned a no cause in little more than an hour.

PROFESSIONAL LIABILITY

Paul Krepps (Pittsburgh, PA) successfully defended two police officers in United States District Court. The plaintiffs brought one claim of violation of Fourth Amendment search and seizure, two claims of violation of First Amendment freedom of speech, and three claims of Fourth Amendment excessive use of force. In addition, the jury was advised that one of the police officer defendants subsequently was arrested by the FBI and pled guilty to engaging in a conspiracy in violation of federal law in an unrelated matter. After a five-day trial, the jury returned a complete defense verdict.

Scott Dunlop and Christian Marquis (Pittsburgh, PA) obtained a defense verdict in an electrocution case in Cambria County against the City of Johnstown. Prior to closings, an offer of $100,000 had been made and remained open through the trial. The offer was withdrawn right before closings. After closing, the plaintiff wanted to take the $100,000, but it was not put back on the table. After one-and-a-half hours of deliberation, the jury returned a verdict for the defendant.