Notable Results
- Medical Malpractice Cases
- Motor Vehicle Cases
- Trucking Cases
- Motorcycle Cases
- Slip & Fall Cases
- Construction Cases
- Collapse Cases
- Roadway Design Cases
- Civil Rights Cases
- Workers Compensation Cases
- Dog Bites
- Bicycle Accidents
- Commercial and Business Litigation
- Other Cases
Medical Malpractice Cases
- Verdict in Excess of $1,000,000 – Medication Overdose: blood thinner (Coumadin) causing prolonged debilitation and ultimate death of a 70-year-old woman.
- Millions Recovered – Birth Trauma: Erb’s Palsy injury during delivery at a Montgomery County hospital.
- Settlement in Excess of $500,000 – Failure to Diagnose Breast Cancer: estate of a 61-year-old against a Montgomery County hospital due to misread mammogram.
- Recovery Far in Excess of $500,000 – Hodgkin’s Disease: against a Montgomery County hospital physician for failure to diagnose.
- $600,000 Settlement – Neonatal Death: recovery for a newborn that died due to improper saturation and oxygenation monitoring.
- $400,000 Settlement – Psychiatric Malpractice: failure to recognize suicide risk.
- $350,000 Settlement – Cardiology/Radiology: at pretrial hearing in Montgomery County for 57-year-old obese man with limited economic earnings history who died following cardiac catheterization due to undiagnosed pseudoaneurysm which became infected; allegations involved surgical technique, post-procedure monitoring, and radiological malpractice.
- $200,000 Settlement – Medication Error: estate of elderly woman; incorrect, unclear prescription for Lantus (injectable insulin) to 80+ year-old woman who died from insulin overdose due to unclear prescription and pharmacist negligence.
- $100,000 Settlement – Nursing Home Malpractice: for wife and estate of 91-year-old Montgomery County resident admitted to a nursing home for a fracture following a fall; developed a heel pressure sore necessitating surgery, prolonged urinary catheterization, and ultimately died of urosepsis.
- Substantial Confidential Settlement – Lung Cancer: unemployed 60-year-old homemaker against a Chester County physician for undiagnosed lung cancer and altered records.
- Substantial Recovery – Surgical Error: abdominal scarring and multiple surgical repairs caused by an undetected broken needle in the surgical site against a Montgomery County hospital.
- Substantial Recovery – Plastic Surgery Error: misuse of laser and failure to completely remove basal cell carcinoma resulting in nasal deformity against a Montgomery County plastic surgeon.
- Six-Figure Settlement – Improper Adjustments: improper chiropractic adjustment due to failure to recognize signs of cervical myelopathy.
- Six-Figure Settlement – Improper Manipulation: improper osteopathic manipulation aggravating cervical condition and causing RSD.
Motor Vehicle Cases
- $1,000,000 Settlement – Eve of trial; passenger; traumatic brain injury without objective evidence of physical injury.
- $850,000 Settlement – Driver of vehicle struck by truck; minimal property damage to both vehicles; less invasive back surgery/percutaneous discectomy.
- $500,000+ Verdict – Retired man; strains and sprains of the neck and back with radiating symptoms.
- $475,000 Arbitration Award – Driver struck in rear; aggravation of prior neck, back, and RSD condition.
- $400,000 Settlement – Aggravation of prior neck and back problems; minor-impact collision; eve of trial.
- $400,000 Settlement – Eve of trial; 50-year-old driver; minor impact; aggravation of prior neck and back conditions.
- $325,000 Settlement – 85+ year-old operator struck by a trash truck; multiple life-threatening injuries; survived without permanent consequences.
- Over $300,000 Settlement – 50-year-old man; arthroscopic knee surgery; underinsured motorist claim.
- $220,000 Recovery – Estate of 70+ year-old driver; knee injury and aggravation of prior back injury; driver died of unrelated causes.
- $150,000 Settlement – School bus driver; two non-displaced finger fractures.
- $141,000 Settlement – 62-year-old driver; aggravated neck and back injury and minor closed-head injury.
- $130,000 Settlement – Full policy; automobile driver; aggravation of severe cervical degenerative disease necessitating surgery.
- $120,000 Recovery – All available insurance coverage for husband and wife, international visitors; upper extremity injuries; head-on collision in rural Pennsylvania when other driver crossed center line; wife underwent successful wrist fracture surgery.
- $115,000 Settlement – Pedestrian struck by vehicle; closed knee injury with full recovery.
Trucking Cases
- Nearly $1,000,000 Settlement – Full policy limits of liability and underinsured motorist policies; passengers ejected from truck; vertebral spine fracture.
- Hundreds of Thousands – Truck Under-Ride Accident; violation of safety regulations; ankle fracture.
Motorcycle Cases
- $1,250,000 Recovery – Insurance policy limits recovered for motorcyclist killed by driver making an improper left turn
- $1,000,000+ Recovery – Motorcyclist who sustained multiple injuries and required multiple surgeries due to a driver making an improper left turn
- $1,000,000+ Recovery – Motorcyclist struck by a van; knee and ankle surgery; aggravation of back condition.
- $500,000+ Arbitration Verdict – Multiple leg fractures when a vehicle struck the motorcycle.
Slip & Fall Cases
- $750,000 Recovery – Trip on piece of metal protruding from sidewalk causing multiple arm surgeries
- $500,000+ Recovery – Slip and fall due to liquid leaking from a vending machine; arthroscopic shoulder surgery.
- $308,031.72 Arbitration Award – Plus medical payments contribution; customer in self-serve convenience store sustained partial hand burn (thumb and index finger) carrying coffee to condiment island when foot became stuck on sticky floor; developed RSD affecting fingers.
- Nearly $300,000 Recovered – Sign fell onto customer in store; neck, back, and knee injuries; no surgery; extensive litigation.
- $200,000+ Settlement – Bath tub slip; failure to employ grab bars and non-slip surface in hotel tub; industry standards did not require; investigation showed hotel knew of problem, took prior corrective action, then failed to maintain corrections; argued negligent maintenance regardless of standards.
- $200,000 Recovery – Woman fell on icy sidewalk in front of a residence while making a sales call; aggravated neck injury and lost wages.
- $200,000 Settlement – Fall in a grocery store on liquid; hip fracture of 70+ year-old.
- $180,000 Settlement – Fall on ice causing ankle fracture with full recovery.
- $125,000 Settlement – Hospital employee fell on ice under snow; ankle fracture with hardware implantation; shortly after major snowstorm; poorly lit and improperly treated loading dock area.
- $83,000 Settlement – Woman fell in interior vestibule on salt from exterior walkways at entrance to movie theater; wrist fracture necessitating successful surgical repair.
- Confidential Multiple Six-Figure Settlement – Fall down improperly cleaned stairs at a meat packing plant; knee injury.
- Confidential Substantial Settlement – Fall of an 80+ year-old woman; leaves remaining on outdoor stairway on theater property; closed, non-surgical pelvic fracture.
Construction Cases
- $1,000,000+ Recovery – 47-year-old laborer with limited work history; closed-head traumatic brain injury; collapse of improperly shored trench.
- $1,000,000 Recovery – 50-year-old delivery man; wrist fracture and RSD; fall due to misuse of skid.
- $1,000,000+ Verdict – Electrocution; partial amputation of non-dominant arm.
Collapse Cases
- Substantial Confidential Settlement – Collapse of shower stall flooring of a rental property; knee and back injuries; unemployed carpet installer.
- $100,000+ Recovery – Ceiling collapse; aggravation of prior neck and back conditions.
- $100,000+ Recovery – Chair collapse; aggravation of prior back injury.
Roadway Design Cases
- Maximum Car Insurance Coverage Recovered – Passenger in vehicle that struck a pole too close to roadway; multiple facial fractures and injuries; loss of eye; contribution from other defendants including the Commonwealth of Pennsylvania, Department of Transportation.
- Large Recovery – Against a township for improper road drainage; driver lost control on icy roadway; bruised spine with temporary memory loss.
Civil Rights Cases
Multiple Six-Figure Recovery – Maximum amount allowed; jailhouse suicide.
Workers Compensation Cases
- $400,000+ Claim Petition – Trucker injured in roadway berm collapse; claim allowed beyond normal three-year deadline; trucker had collected a small sum under Ohio law; successfully advanced.
- $110,000 Settlement – Review petition; successfully recovered specific loss benefits for widow of quadriplegic claimant; claimant receiving total disability benefits before death; successfully argued claimant died of cause unrelated to work injury, entitling widow to further benefits.
- Appeal – SECCO v. WCAB (Work): Appeal to Workers’ Compensation Appeal Board and the Commonwealth Court; ruling in favor of worker; worker’s pre-injury employer must provide timely notice of a medical work release before the injured worker is asked to return to work.
- Claim Petition – Successfully proved worker was infected with HIV from blood transfusion received after earth mover roll-over accident.
Dog Bites
Nearly Six-Figure Settlement – Gentleman bitten by Rottweiler; in attempting escape, twisted his ankle which was surgically repaired resulting in a full recovery.
Bicycle Accidents
- $3,750,000 Recovery – At mediation and $200,000 underinsured motorist benefits; bicyclist crossing at or near a suburban intersection struck by vehicle turning left, suffering paraplegia; street light not functioning at intersection; recovery against utility, driver, and underinsured motorist carrier.
- $100,000 Settlement – Full vehicular and underinsured motorist policy limits to Professor at University of Pennsylvania; sustained wrist fracture necessitating surgery and dental injury while riding a bicycle and struck by a vehicle turning onto the highway.
Commercial and Business Litigation
Precision Underground Pipe Services, Inc. v. Penn National Mutual Casualty, 2019 Pa.Super. Unpubl. Lexis 4486, 2019 W.L. 6492951 (December 3, 2019): This declaratory judgment action involved a claim for insurance coverage and defense in connection with a personal injury law suit related to the death of Precision employee. Precision was required to defend and indemnify Verizon and Parkside under its contract. The Superior Court reversed the decision of the Philadelphia Court of Common Pleas rejecting the insurance carrier’s obligation to defend or indemnify Verizon and Parkside. The Court concluded that the allegations of the underlying law suit triggered coverage and a defense and that Penn National had a duty to defend the claims. Of particular significance was the Superior Court’s holding that Penn National was required to defend even though Precision was not a party in the underlying law suit and there were no specific allegations of negligence or wrongdoing against Precision.
Estate of O’Brien, 2016 Pa.Dist.&Cnty. Dec. Lexis 3085 (Montgomery County Orphans’ Court, May 5, 2016): This decision determined the claimant was entitled to damages in connection with a partnership to purchase, develop and sell real estate. The dispute centered on the claimant’s right to recover money that was erroneously paid to the deceased partner. The distribution should have been made in accordance with the capital accounts of the partnership and not on a 50/50 basis, as was done. Based on a review of the tax returns and the testimony of the partnership’s accountant, the Court held that the deceased partner had been overpaid and that the amount of the overpayment should awarded to the claimant from the estate.
Etzler v. Etzler, 2015 Pa.Super. Unpubl. Lexis 4245, 2015 W.L.7253636 (November 17, 2015): This decision upheld an arbitrator’s award in a dispute involving a buy/sell agreement that provided for a shareholder buyout valuation of less than fair market value. The Court held that the plaintiff’s derivative claims were subject to arbitration because they related to the valuation provisions in a shareholder buy/sell agreement, including the determination of the book value of the shares to be purchased. The Court held that plaintiff’s claims of fraud, self-dealing and other financial irregularities related to the determination of the purchase price under the buy/sell agreement, and was therefore, arbitrable.
Torres v. CleanNet, USA, 90 F. Supp.3d 369 (E.D.Pa. 2015): This suit was ordered to arbitration despite allegations of state wage and hour violations and violations of Pennsylvania’s unfair and deceptive practices statutes. The Court also upheld the class action waiver in the arbitration clause and dismissed the class action allegations.
Ocean Spray Cranberries, Inc. v. RD&S, Inc. 936 A.2d 81 (2007): This case reversed a decision by the Court of Common Pleas of Philadelphia County. This case involved a dispute between a contractor and an equipment manufacturer over who was responsible for the damages caused by an ammonia release in a refrigerated warehouse. The ammonia release was caused when a defective fan in a compressor severed an ammonia line. The Superior Court held that the trial court erred in entering summary judgment against RD&S because the agreement between the manufacturer and the contractor did not clearly express an intention by the contractor to indemnify the manufacturer for the manufacturer’s own negligence.
Mulholland v. Kerns, 822 F.Supp. 1161 (E.D.Pa. 1993): This case sought a determination that the defendant was not entitled to any attorney’s fees from settlement proceeds of a personal injury case. The Court held that defendant was entitled to recover in quantum meruit even though the attorney was discharged for cause.
Marques Enterprises v. Secretary US Dept. of Labor, 1993 U.S.Dist. Lexis 9119 (E.D.Pa. June 29, 1993): This case reversed a decision by the United States Department of Labor’s Wage and Hour Appeals Board, ordering the plaintiff contractor, its president and vice-president to be debarred from obtaining federal construction contracts.
Swecker on behalf of BBL Co. v. Rau, 1990 W.L. 33 944 (E.D.Pa. 1990): The Court entered summary judgment in favor of the defendants in this shareholder dispute over the value of the plaintiff’s shares. The Court held that the shareholder agreement provided an unambiguous valuation for the stock, and there was no misrepresentation.
FMC Corp. RW Christy, Inc., 1988, U.S.Dist. Lexis 7307 (E.D.Pa. July 15, 1988): The Court denied plaintiff’s motion to compel the production of a document consisting of 13 handwritten pages prepared after the plaintiff filed the action but before defendant’s officer had a chance to seek counsel’s advice. The court held that there was no waiver of the attorney client privilege and that the documents were intended to seek legal advice. The privilege was not lost because there was no non-legal information in the documents.
FMC Corp. RW Christy, Inc., 1988, U.S.Dist. Lexis 7307 (E.D.Pa. July 15, 1988): The Court denied plaintiff’s motion to compel the production of a document consisting of 13 handwritten pages prepared after the plaintiff filed the action but before defendant’s officer had a chance to seek counsel’s advice. The court held that there was no waiver of the attorney client privilege and that the documents were intended to seek legal advice. The privilege was not lost because there was no non-legal information in the documents.
Rosenberg v. Holy Redeemer Hospital, 351 Pa.Super. 399 (1986): This case established the legal right to a fair hearing by physicians seeking to staff privileges at hospitals in Pennsylvania
Penn Title Insurance Co. v. Intercounty Abstract, Ltd. 1984 Pa.Dist.&Cnty Dec. Lexis 384 (Montgomery County, February 7, 1984): The Court determined that a title abstracter who failed to discover a judgment filed against a seller was liable to the title insurance underwriter. The Court determined that the judgment constituted a lien on the property once it was entered in a temporary index even though it was not yet listed in the county’s permanent index.
Frederick L. v. Thomas, 419 Supp. 960 (E.D.Pa. 1976): This landmark decision held that the School District of Philadelphia violated its obligation to identify learning disabled students and provide them with an appropriate education. The Court ordered the School District to submit a plan to identify learning disabled children and held that the Court’s refusal to abstain pending a state court decision was not an abuse of discretion.
Other Cases
$100,000.00 Recovery – Eye infection caused by eyebrow waxing.