Results
Summary Judgment Won in a Premises Liability Action
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.
Summary Judgment Obtained in a Premises and Product Liability Case
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.
Summary Judgment Obtained in Case Involving Disgraced Business Owner
We secured summary judgment and dismissal of nine claims brought by an individual employer against two former employees and their new place of employment. The plaintiff, who owned an insurance business and a tax preparation business, alleged claims of breach of contract, breach of the duty of loyalty, tortious interference, violations of the Pennsylvania Uniform Trade Secrets Act, and other related claims against two former employees, one at-will and one independent contractor, and their new employer. The plaintiff was imprisoned for violations of insurance fraud and barred from continued participation in the business of insurance. While imprisoned, one defendant, an at-will insurance underwriter employee, sent a letter to the business’s customers informing them that the plaintiff was no longer legally allowed to participate in the business of insurance. The plaintiff also alleged that the other defendant misappropriated trade secret information by taking a customer list with him to his new employer. We argued that the plaintiff lacked a trade secret interest over the customer list, and that all remaining claims should be dismissed because the statements made in the insurance employee’s letter were truthful. The trial judge agreed and dismissed all of the plaintiff’s claims against the three defendants, with prejudice.
Defense Verdict in Deli Case Premises Liability Lawsuit.
Obtained a defense verdict on behalf of a supermarket in a premises liability case in the Court of Common Pleas of Cumberland County, Pennsylvania. The plaintiff claimed that she was injured when her hand was trapped in a deli case door that was closed by an inattentive employee. She claimed that in an attempt to free her hand from the deli case, she suffered an injury to her shoulder and her neck. MRI scans after the incident did show degenerative disc disease in her neck, as well as multiple herniated discs. Her treating orthopedic surgeon attributed the injuries to the incident in question and recommended a cervical fusion. Through investigation, we learned that the plaintiff had filed a lawsuit in New York as a result of a fall in 2007. We obtained a transcript of the plaintiff’s deposition from the prior lawsuit, which indicated that her treating physician in the New York case had recommended the same health care procedures that had been recommended after this incident. The jury did find the employee who closed the deli case door on the plaintiff’s hand to be negligent. The jury also found that the plaintiff was negligent in sticking her hand in the area of an open deli case and that the plaintiff’s negligence outweighed the defendant’s negligence, barring her recovery.
