Casualty

We obtained a defense verdict following binding arbitration in a premises liability action arising from a plaintiff’s fall in a residential parking lot following a snowstorm. The plaintiff alleged that the defendants negligently allowed snow and ice to accumulate near her vehicle and failed to properly remove snow from a designated handicapped parking space, asserting claims under both premises liability law and the Americans with Disabilities Act. Our client, a snow removal contractor, had an agreement expressly providing that snow removal services would not be performed in occupied parking spaces during or immediately following a snowstorm. After the other defendants settled with the plaintiff for more than $700,000, the matter proceeded to binding arbitration against our client with an arbitration range of $0 to $140,000. Following submission of supplemental briefing addressing the inapplicability of the ADA and the lack of liability on the part of our client, the arbitrator entered a defense verdict.

We succeeded in securing a per curiam affirmance by the Sixth District Court of Appeal of a final judgment dismissing with prejudice a negligence action in favor of our clients, a condominium association and property manager. The plaintiff, a condominium unit owner, alleged he sustained injuries after falling on his patio and asserted claims for negligence and punitive damages arising from the association’s alleged failure to repair the patio. After multiple opportunities to amend, the trial court granted our motion to dismiss, and dismissed the third amended complaint with prejudice for failure to state a cause of action. On appeal, the plaintiff argued the dismissal was erroneous and further asserted that the trial court engaged in improper ex parte communications and failed to exercise independent judgment by adopting a proposed order submitted by defense counsel. After briefing, the Sixth District Court of Appeal affirmed the final judgment in the association’s favor and granted the association’s motion for appellate attorneys’ fees.

We secured summary judgment in a motor vehicle insurance coverage case pending in Madison County, Florida. The case involved a passenger who sought underinsured motorist benefits under the same policy that provided bodily injury coverage for a family-owned vehicle involved in an accident caused by a permissive driver. After USAA tendered its bodily injury policy limits, the plaintiff pursued underinsured motorist benefits, contending additional coverage was available. We moved for summary judgment, arguing that under the policy and Florida law, the vehicle could not simultaneously be considered both insured and underinsured under the same policy. Following a hearing, the court granted final summary judgment in favor of USAA, finding that no uninsured or underinsured motorist coverage was available for the claim.

We obtained summary judgment in an underinsured motorist coverage case pending in the Superior Court of New Jersey, Camden County. The case involved a plaintiff seeking underinsured motorist benefits arising from a motor vehicle accident after settling her claim against the tortfeasor. During discovery, we established that the plaintiff settled with the tortfeasor without providing the required Longworth notice to USAA, thereby depriving the insurer of the opportunity to protect its subrogation rights. We filed a motion for summary judgment arguing that the plaintiff’s failure to comply with the notice requirements barred her claim as a matter of law. The court granted the motion, finding that the plaintiff failed to provide USAA with notice of her intention to settle with the tortfeasor; and finding that USAA’s subrogation rights had been extinguished as a result.

We secured a defense verdict on behalf of the driver of a golf cart involved in an incident at a Delaware campground resort. The plaintiff alleged serious injuries, including shoulder and orbital fractures, post-concussive symptoms, a subsequent back injury, and more than $600,000 in past and future medical expenses. We presented expert testimony from the State of Delaware’s Chief Forensic Toxicologist establishing that the plaintiff's blood alcohol concentration was between .19 and .24 at the time of the incident, which likely contributed to her fall from the golf cart. After trial, the Sussex County jury returned a defense verdict in favor of our client.

We secured dismissal of a lawsuit which alleged constitutional violations pursuant to 42 U.S.C. §1983. He argued that the claim was not ripe because the plaintiff’s conviction had never been vacated or terminated in the plaintiff’s favor. Under the “favorable termination” requirement pronounced in Heck v. Humphrey, 512 U.S. 477 (1984), and later discussed in McDonough v. Smith, 588 U.S. 109 (2019), 42 U.S.C. §1983 cannot be used to pursue alleged constitutional violations unless and until the underlying criminal conviction was vacated or otherwise terminated.

Daniel D. Krebbs, with support from Osama Samad (all of Philadelphia) secured an outstanding trial result in a Delaware County motor vehicle case where plaintiffs claimed significant injuries from a rear end collision, treated for months, underwent nerve blocks and ablations, and each presented life care plans exceeding $500,000. Their last demand was $98,500 per plaintiff, and they accused the carrier of bad faith failure to settle within limits. During opening statements, the jury audibly reacted when informed that plaintiffs’ medical expert had been paid $1.5 million in 2024 by plaintiffs’ counsel. Liability and causation were admitted, so the trial focused solely on damages. The jury initially returned a zero damages verdict before being instructed to deliberate further. Ten minutes later, they awarded $500 to each plaintiff — a resounding defense win.

Christopher Block and Paul Lanza (both of Roseland) successfully obtained a defense verdict in a trucking accident in New Jersey. The plaintiff claimed that our client merged into her lane at the George Washington Bridge toll plaza causing her to sustain neck and back injuries for which she underwent two spinal surgeries. Our client testified that both of their lanes ended and, because they were required to merge, he had the right-of-way since the front of his truck was ahead of the front of her vehicle. Our accident reconstruction expert confirmed that our driver had the right-of-way and opined that plaintiff was the sole cause of the accident. We also disputed the causation of plaintiff’s alleged injuries based on the very limited property damage to her vehicle, as well as the fact that she had prior, similar injuries. After a little more than an hour of deliberations, the jury returned a verdict finding that our driver was not negligent. The trial team was assisted by associate attorney Haleigh Catalano and paralegal Kelly Dermody who provided critical support with motions in limine and trial management.

We received summary judgment in a vehicular accident case involving disputed liability. Mr. Thurman was the third vehicle in a three-car collision in which the first vehicle admitted fault and was ticketed. Following the accident, the plaintiffs claimed they were in a fourth vehicle and alleged that Mr. Thurman caused the crash. When the claim was denied—and on the eve of the implementation of tort reform—the plaintiffs filed individual lawsuits against Mr. Thurman alone. We subpoenaed the repair shop that serviced Mr. Thurman’s vehicle and obtained records confirming that there was no front-end damage. When the plaintiffs failed to respond to discovery, we prepared motions for summary judgment in both cases. In response, only one plaintiff submitted an affidavit, while Mr. Thurman provided his own affidavit denying the allegations. We argued the motions, demonstrating that the evidence showed the plaintiffs were not involved in the collision and that Mr. Thurman bore no fault. The court ruled in our favor in both cases. Before the orders could be entered, however, the plaintiffs filed notices of voluntary dismissal with prejudice. Before moving for summary judgment, we had served Proposals for Settlement on the plaintiffs and their counsel. After the dismissals, we filed a motion establishing entitlement to attorney’s fees, and the parties ultimately reached an agreement resolving all fees and costs in both cases.

We obtained a significant win in a New York Labor Law action, securing partial summary judgment for a municipal library and defeating the plaintiff’s motion for summary judgment on liability. The plaintiff alleged negligence and violations of Labor Law §§ 200, 240 and 241(6) after sustaining injuries when roof trusses collapsed on a construction project managed by a co-defendant on property owned by the municipal library. He claimed the collapse resulted from inadequate bracing. Following discovery, the plaintiff sought summary judgment under Labor Law § 240, asserting absolute liability against the library as the property owner. We opposed the motion and sought partial summary judgment dismissing all claims against the non-property-owning clients, all but the § 240 claim against the library, dismissal of the co-defendant’s cross-claims, and contractual and common law indemnification from the plaintiff’s employer. The court denied the plaintiff’s motion after finding questions of fact as to whether the plaintiff was the sole proximate cause of the accident. The court also granted our motion, dismissing all claims against the non-property-owning clients, all but the § 240 claim against the library, dismissing the co-defendant’s cross-claims, and granting the library unconditional contractual indemnification from the plaintiff’s employer prior to any finding of liability.

We were granted summary judgment in a slip-and-fall case where the plaintiff claimed to have slipped and fell on snow/ice in a parking lot when getting into her car. Our client and one of the co-defendants had property lines next to each other. Based on the accident report, the plaintiff’s testimony and our expert report, we argued that the plaintiff did not fall on our property and, as a result, we owed her no duty. The judge agreed and dismissed all claims against our client.

We obtained summary judgment on behalf of two homeowners in a premises liability action. One of the homeowners called his father, the plaintiff, asking him to come to his house because he was having his roof replaced and had concerns about the work being done. The plaintiff arrived at the home and observed nails and other debris strewn about the entire property. Nonetheless, he entered the property to assess the roofing work and took care to avoid stepping on any nails. As he was leaving the property, he stepped on a nail, which went through his foot. The plaintiff asserted claims of negligence against both homeowners and also attempted to assert that, because his son requested that he come to inspect the roofing work, he was a business invitee rather than a licensee. We argued that the plaintiff was a licensee as he was a social guest who was merely providing advice to his son. They further argued that the homeowners owed no duty to the plaintiff as he knew the nails were strewn about the property and he understood the risk involved in walking there. We also argued that the plaintiff’s claim was barred by assumption of risk because as he was aware of the nails on the property and, nonetheless, voluntarily proceeded to walk onto the property. The court agreed and granted summary judgment in favor of the homeowners.

We received a defense jury verdict before the Delaware Superior Court, New Castle County. Although liability was undisputed at trial, damages were disputed. The plaintiff sought damages for head, neck, back and left shoulder injuries. He had $350,000 in future medical bills and $78,000 in past medical bills that he could board. The plaintiff also had a $5 million lost wage claim that we were able to get dismissed prior to trial on a motion in limine.

We won a motion for summary judgment in Schuylkill County, PA, in a premises liability and product liability case. We represented the manufacturer of a concrete railroad crossing that was installed at an intersection in 2005. In 2021, the plaintiff was riding his bike across the crossing when his bike tire allegedly became stuck in a gap in the concrete. There was ample evidence that the railroad was responsible for inspecting and maintaining the crossing while our client did nothing other than supply the prefabricated crossing. We argued the gap that developed in the crossing was not the responsibility of the crossing manufacturer and that the statute of repose barred the lawsuit. The court agreed and granted summary judgment in favor of the manufacturer.

We obtained summary judgment in a lawsuit arising from an injury suffered at an indoor trampoline park. During the deposition, the plaintiff admitted that there are inherent risks of engaging in trampoline activities, including the risk of being injured. Under the no-duty rule, a defendant owes no duty of care to warn, protect, or insure against risks which are common, frequent, expected and inherent in an activity. In the motion for summary judgment, it was argued that a trampoline park has no duty to protect patrons from the inherent risks of injury when jumping from a trampoline. The court opined that the no-duty rule was implicated and granted summary judgment in favor of all defendants.

We convinced the Commonwealth Court of Pennsylvania to reverse the trial court’s denial of motions for post-trial relief and to direct entry of judgment notwithstanding the verdict in favor of our client. The plaintiff was injured while standing unsupported on a moving bus. He lost his balance when the bus accelerated away from a bus stop, grabbed an overhead bar to keep from falling, and injured his arm. The video showed that only the plaintiff lost his balance when the bus started moving. At trial, our client moved for nonsuit and directed verdict, arguing the evidence was insufficient to overcome the jerk-and-jolt doctrine that applies when a passenger is injured on a moving bus. To merit the submission of a jerk-and-jolt case to the jury, a plaintiff must establish a sudden stop or jerk so unusual and extraordinary as to be beyond a passenger’s reasonable anticipation. The Honorable James Crumlish denied the motions for nonsuit and directed verdict and also denied our client’s motions for post-trial relief. Judge Crumlish determined the video evidence presented a jury question under the jerk-and-jolt doctrine and mirrored the plaintiff’s counsel’s characterization of the video evidence in doing so. The Commonwealth Court disagreed. After independently reviewing the video evidence, the Commonwealth Court reversed the trial court and granted judgment notwithstanding the verdict to our client. In doing so, it pointed out that various observations of the trial court “were not supported by the video or testimony.”

We successfully defended the plaintiff’s appeal of a trial court decision sustaining preliminary objections on the grounds of improper venue. This case involved the death of a 19-year-old woman at a university who fell down an 11-story trash chute in an off-campus condominium building. In this mixed negligence and product liability case, we represented two of the multiple defendants, the condominium association and the building management company. The Philadelphia Court of Common Pleas found that venue was improper in Philadelphia County and ordered that the case be transferred to Centre County. The plaintiff appealed that decision, and the matter was briefed and argued in the Superior Court of Pennsylvania. The Superior Court, in a precedential decision, affirmed the trial court’s decision and found that there was no abuse of discretion in sustaining the preliminary objections. In support of its decision, the Superior Court found that the plaintiff’s arguments were unsupported by Pennsylvania law. The Superior Court, in finding waiver of an issue, quoted directly from the brief prepared by Kim.

We prevailed in a bench trial in the Philadelphia Court of Common Pleas before the Honorable Joshua Roberts. This case involved a declaratory judgment action prosecuted on behalf of a major vehicle rental company and their insurer. Our client sought declaratory judgment based on an investigation which revealed material misrepresentations in association with the presentation of claims. Following trial, the court entered declaratory relief, voiding the applicable policy ab initio and terminating coverage.

We were successful on appeal of a child abuse determination levied against an Aveanna home health nurse. The three-day hearing was litigated before the PA Department of Human Services. As a result of the court’s order, the nurse’s record of child abuse is being expunged. The matter arose out of the alleged attack of a child-patient by a family dog during home nursing care. It was asserted that the nurse failed to properly supervise and protect the child, and failed to properly respond to the incident when it occurred. We established a lack of definitive proof that the nurse negligently left the child unsupervised. We also called into question the circumstances surrounding the alleged attack, including whether the dog had a known history of aggression, which led to credibility issues on the part of the family member witnesses. Medical experts also testified on the appellant’s behalf to address possible alternate explanations for the child’s injuries. Ultimately, we established that the prosecution failed to meet its burden of proof, highlighting multiple errors and inconsistencies relating to the investigation as well as the reporting processes. This is a significant outcome in a difficult jurisdiction with many problematic underlying facts (which led to the decision to not call the nurse to testify in her defense). 

We received a defense decision after a seven-day bench trial in a product liability action in which the exposure in the case exceeded $30 million. Our client designs, sells and services engineered equipment for the energy industry, including natural gas compression apparatuses for use in transmission pipeline systems. In 2015, the client sold the plaintiff two reciprocating compressor systems to replace outdated equipment at a station located near Downingtown, PA. The compressor systems were designed to inject oil into the gas stream for piston lubrication. This lubricating oil needed to be removed from the gas stream using filtration devices supplied by the plaintiff. The plaintiff claimed weld debris contained within certain vessels of the compressors migrated downstream upon commissioning and compromised several gas filtration devices. The plaintiff further contended the damaged filtration devices permitted excess lubricating oil into the pipeline, which fouled multiple turbines owned by its downstream customer at a large natural gas-fired power plant, causing significant economic losses. The applicable contract between the plaintiff and our client contained a forum selection clause requiring litigation to take place in Lake County, Indiana. The plaintiff claimed commercial losses of $18 million, plus attorney fees (per contract) in the neighborhood of $4 million. The plaintiff also maintained it was entitled to pre-judgment interest. If successful in establishing liability, this sum would have added another $5 million to $7 million to the damage award, depending on the interest rate employed by the court. Therefore, the pure exposure in the case exceeded $30 million. In response to the plaintiff’s claims, we successfully established that the weld debris incident was a red herring and did not damage the filtration equipment. Material testing of debris from within the filtration devices revealed very little weld debris compared to pipe scale and other naturally occurring components. Through key expert testimony, we established that the plaintiff could not meet its burden of proof because the oil contamination events may have been caused by several factors directly attributable to the plaintiff’s lack of design engineering, inadequate equipment maintenance, equipment failure and inappropriate response to system alarms.

We obtained a directed verdict in a New Jersey Law Against Discrimination case filed against a national trucking company after two days of trial. The plaintiff was a laborer who assisted a truck driver making deliveries to a retail store. The driver admitted to making sexually explicit comments to the plaintiff. The plaintiff argued the comments were made due to his race (African American) and were protected under the LAD. Jillian and Len argued that the comments were offensive to anyone who heard them and had nothing to do with the plaintiff’s race. At trial, the judge agreed that the language used by the truck driver, however offensive it was, could not sustain a cause of action under the LAD as it was not based on a protected category as alleged by the plaintiff. The judge dismissed the case.

We secured dismissal of all claims, with prejudice, in a personal injury action on behalf of a nonprofit organization operating youth baseball leagues in New Jersey. The plaintiffs sought to hold our client liable under a negligence theory after their minor child was injured while participating in our client’s recreational baseball league. We moved for summary judgment, arguing that the league was a nonprofit organization entitled to protection under New Jersey’s Charitable Immunity Act, which shields nonprofits from ordinary negligence. In opposition, the plaintiffs attempted to avoid dismissal by challenging the league’s nonprofit status, claiming the minor’s age created an exception to the Act. Through targeted arguments and documents evidencing the league’s nonprofit status, the court agreed that the Charitable Immunity Act applied and that the plaintiffs failed to show gross negligence to overcome the Act’s protections. The court granted the league’s motion for summary judgment in its entirety and further agreed with our arguments that the volunteer coaches were independently shielded under New Jersey’s Volunteer-Coach Immunity. 

We obtained a defense verdict on behalf of one of the Philadelphia region’s largest hospitals and two of its Emergency Department physicians after a six-day jury trial in a complex and extremely emotional case involving the death of 7-year-old child. Allegations of negligence surrounded the failure to admit and perform a urine drug screen on an 18-year-old who presented high on synthetic marijuana or K2. We argued that the doctors appropriately performed numerous exams, tested and monitored the patient until he achieved clinical sobriety. The patient was discharged, then 22 hours later smoked more K2 and within two hours strangled his 7-year-old sister to death. 

We secured an arbitration win, slashing a $83,000 claim to $625. The applicant, a major medical provider, filed an arbitration matter in the total amount of $83,625, alleging our client owed it for the claimant’s unpaid medical bills following a major motor vehicle accident. The claimant had been involved in the motor vehicle accident and sought payment for a series of medical treatments rendered post-accident. Counsel for the medical provider argued that the medical billing was never properly paid, therefore, payment of the claims was overdue. However, we successfully argued at the arbitration hearing that the applicant’s demand amount was greatly over exaggerated and that the amount in dispute must be limited to the appropriate fee schedule limit of $625.82. After arguments were heard, the arbitrator ruled in our client’s favor.

We obtained a defendants’ verdict in New York Civil Court where we represented an appliance company and their employee, who was accused of stealing a Rolex watch. The client’s employee installed a light fixture in the plaintiff’s residence. After the installer left the residence, the 85-year-old plaintiff could not locate his $31,000 Rolex watch. He filed a claim with his homeowner’s carrier and received $500 because the watch was not scheduled. He also filed a police report. He then retained counsel and commenced suit against the defendants for conversion, breach of contract and negligent hiring. During dispositions of both the plaintiff and his wife, we elicited testimony that neither had any proof that the defendants stole his Rolex watch. He further elicited that no criminal charges were ever brought against the employee. We filed for summary judgment, denying the allegations, and included affidavits from the employee and the owner of the appliance company in which it was indicated that there were no prior complaints regarding the company and/or the installer. The motion was denied. At the trial conducted in June 2025, Chris again elicited testimony from the plaintiff that he had no proof that the installer stole his Rolex watch, nor did the plaintiff provide any proof that the installer’s employer engaged in negligent hiring, as there were no prior complaints regarding this employee. At the close of the plaintiff’s case, we again moved for a directed verdict, arguing that the plaintiff had not established his claim for damages or proven the allegations in the complaint. The motion was denied. Rather than hearing oral summations, the court directed the parties to submit written summations. In our written summation, we outlined dismissal of the case, arguing that any finding against the defendants for theft would be tantamount to accusing them of stealing when neither the police nor the district attorney found any probable cause to criminally charge them. The court dismissed the case in its entirety. 

We obtained dismissal of all claims against our client in a case involving a slip and fall at a hospital. The plaintiff was employed by a trucking company and was in the process of filling a liquid oxygen tank located in the parking lot of the hospital when he fell on a sheet of ice near the oxygen station evaporators. He sustained numerous injuries, including injuries to his spine, resulting in cervical fusion. As a result of the accident, the plaintiff alleged significant lost wages, in addition to numerous personal injuries. Our client designed, installed and maintained the oxygen station pursuant to a lease agreement with the hospital. We submitted evidence that our client properly inspected and maintained the oxygen station and that the ice was not caused by the operation of the oxygen station. After years of litigation and numerous depositions, our client moved for summary judgment, seeking a dismissal of the plaintiff’s claims and for an order of indemnification against the hospital based on the lease agreement. The court granted our motion in its entirety and dismissed all claims.

We were successful in having all claims against our client’s hotel dismissed. This case involved deeply distressing allegations of sex trafficking and abuse by the plaintiff’s mother, occurring when the plaintiff was a minor. The claims against our client’s hotel were brought under the Trafficking Victims Protection Reauthorization Act (TVPRA) and Florida law. While the court was unequivocal in acknowledging the tragic and serious nature of the plaintiff’s allegations against her abusers, it ultimately found that the legal claims against our client were not supported by sufficient factual allegations to state a cause of action under either federal or state law. The court had previously dismissed the original complaint without prejudice. However, upon review of the amended complaint, the court agreed with our renewed motion to dismiss and concluded that the plaintiff failed to plausibly allege that our hotel knowingly participated in a trafficking venture or maintained a continuous business relationship with the traffickers. The amended complaint alleged only a single instance of trafficking at our client’s hotel and asserted that the conduct was so blatant that hotel staff should have recognized it. The court found this insufficient to support a claim under the TVPRA. Additionally, the court found that the allegations did not meet the high legal threshold required to sustain a claim for intentional infliction of emotional distress under Florida law.

We won summary judgment in a motor vehicle case before the Court of Common Pleas of Northampton County, Pennsylvania. The plaintiff was in the course and scope of her employment at the time of the vehicle collision. She filed a workers’ compensation claim, and the workers’ compensation judge ultimately determined that her alleged injuries were not related to the motor vehicle accident. The plaintiff appealed that decision to the Workers’ Compensation Appeal Board, which affirmed. In her civil action against the driver and owners of the other vehicle, we asserted that the decision of the workers’ compensation judge acted as collateral estoppel with regard to all claims, thus barring recovery by the plaintiff against our client. The plaintiff argued that the right to a jury trial, as guaranteed under the Pennsylvania Constitution, precluded application of collateral estoppel. The trial court disagreed, finding ample case law to support the application of collateral estoppel in such circumstances, and granted our motion for summary judgment.

We obtained reversal of a non-final order in a wrongful death case against a dive captain, dive master and the corporate entity dive companies. A woman drowned while scuba diving on a chartered tour. Following her death, the toxicology report revealed high levels of illicit drugs and alcohol. During the course of litigation, her estate moved for leave to amend their complaint to add a claim for gross negligence and punitive damages, claiming the defendants were grossly negligent for failing to use the buddy system and for allowing the decedent to dive when they knew or should have known she was intoxicated. The estate also claimed gross negligence against the dive master for allowing the decedent out of his eyesight for four to ten minutes during the dive, despite having identified the decedent as requiring “special assistance.” In support of their motion, the estate relied on the police statements, deposition testimony and an expert report. The defendants argued the evidence was insufficient to support the amendment and contended that none of the witnesses knew that the decedent was intoxicated before she dove. In granting the motion, the trial court did not make an affirmative finding that the estate had made a reasonable showing by evidence, which would provide a reasonable evidentiary basis to recover punitive damages. On appeal, the Fourth District agreed with our arguments and reversed on several grounds. First, the Fourth District concluded the trial court applied the wrong legal standard. Second, the court found the estate failed to present sufficient evidence to establish a reasonable basis for recovery of punitive damages against the dive captain and dive master. Third, the estate’s proposed amended complaint did not properly allege a claim against the corporate entity defendants. 

We received a successful trial result in a premises liability matter in Philadelphia Court of Common Pleas. The plaintiff’s expert projected future surgeries and extensive life-long medical care costs of $1.25 million. Much of our defense centered on damages and demonstrating that the projected future medical care was not supported by the actual medical treatment provided. Additionally, video of the incident was used to demonstrate that the plaintiff had actual/constructive knowledge of spilled water in the premises but proceeded to walk in that area anyway. Forty percent comparative negligence was assigned to the plaintiff, and despite the plaintiff’s introduction of the medical cost projection described above, only $50,000 in future medical care was awarded by the jury. The total award, after a molded verdict, was $118,800, which our client viewed as a victory in this venue.