Attorney Profile
Stuart H. Sostmann
Areas of Practice
Contact Info
Overview
With over two decades of experience as a litigator, Stuart concentrates his practice in the area of commercial general liability. He routinely handles high exposure matters in the fields of product liability, premises liability, auto liability, construction litigation, marine liability, dram shop and commercial litigation. This includes cases involving personal injuries and property damage claims. Additionally, Stuart serves as the firm's casualty supervising attorney in the Pittsburgh office, ensuring that client matters are handled promptly, professionally and effectively.
In his career, Stuart has represented manufacturers, suppliers and retailers in product liability matters, including electronics, medical equipment, food products, appliances, farm equipment, plumbing equipment, power tools, toys and sports and recreational equipment. He frequently represents property owners, retailers, pharmacies, general contractors, subcontractors and utilities in premises liability litigation. He has tried numerous cases to verdict in counties throughout Western Pennsylvania.
In addition, a large portion of Stuart’s practice is devoted to construction litigation. These claims are highly involved cases that require deep knowledge and an extensive background in all areas of the construction industry. As co-chair of the Construction Injury Practice Group, Stuart handles a wide variety of construction injury as well as defect cases, defending contractors, subcontractors, material suppliers, engineers, architects, and other construction trade professionals throughout the State of Pennsylvania against such claims. The scope of his representation includes common claims of construction defect issues like water intrusion due to faulty roofing or window/door seals, cracked foundation or improper water proofing, structural issues, design issues, mold intrusion, drywall problems, and soil subsidence, heaving or movement.
Stuart attended the University of Pittsburgh graduating with a B.A. in Political Science. He then attended the University of Pittsburgh School of Law where he participated in the Appellate Moot Court Program, Student Bar Association and the Health Law Certificate Program. He obtained his juris doctor from the University of Pittsburgh School of Law.
Stuart is the current President of the Pennsylvania Defense Institute, the state’s leading organization devoted to improving the administration of justice and educating those who defend clients in civil cases. He is also a member of the Allegheny County Bar Association and the Academy of Trial Lawyers of Allegheny County. Among his many honors, he is Rated AV® Preeminent™ by LexisNexis Martindale-Hubbell and is recognized among the Best Lawyers in America for his work in product liability litigation. Stuart is additionally recognized as Pennsylvania Super Lawyer.
Results
Obtained a defense verdict following a three-day jury trial in a slip and fall injury case. The plaintiff slipped in the lobby of a commercial building and claimed a serious and ongoing injury to her right shoulder. Plaintiff alleged she fell due to a wet floor caused by the facilities management’s cleaning process and the lack of sufficient visible wet floor caution signs. Plaintiff underwent two surgeries, claimed ongoing pain and suffering, and sought $500,000 prior to trial. We represented the building ownership and the facilities management company. Problematic for the defense was the lack of a surveillance video of the incident, photographs of the lobby contemporaneous to the incident, or an incident report. Despite this, we persuaded the jury to find for the Defense by establishing a consistent and credible history of habitual practice in the placement of wet floor signs across the lobby in highly visible areas. We also won the credibility battle through our well-prepared witnesses. Although faced with a sympathetic plaintiff with a substantiated history of medical treatment, we succeeded by presenting the case using “old school” personal injury defense tactics that were necessary due to the lack of video, photographs, and documentation.
Successfully argued a precedent-setting case in the Pennsylvania Superior Court where a waiver of subrogation clause in a construction contract was applied to building damages caused by a windstorm three years after the project was completed.
Successfully defended a product installer at trial in a single vehicle accident, where the placement of the product in the vehicle was claimed to be the cause of the crash at high speed. A defense verdict was obtained after a 5 day jury trial where the demand was $800,000 prior to trial.
Thought Leadership
Civil Litigation State of Affairs – The Impact of COVID-19 in Pennsylvania and New Jersey & What’s Next, Marshall Dennehey Client Webinar, May, 2021
An Overview of Construction Defect Litigation in Pennsylvania, Nationwide Insurance Company, December 16, 2014
Commercial Defense Practice in New York, New Jersey & Pennsylvania, Nationwide Insurance Company, December 5, 2014
Brief Overview of Pennsylvania Contractual Indemnity and Additional Insured Issues, Nationwide Insurance Company, April 2012
Discoverability and Proper Use of Claim Notes, Berkley Mid-Atlantic, October 2011
“Yes! Waivers of Liability for Recreational Activities Are Still Effective in Pennsylvania,” Defense Digest, Vol. 23, No. 1, March 2017
"Timing Is Everything, Even for Bad Faith Claims," Defense Digest, Vol. 6, No. 1, February 2000