Matthew S. Schorr

Obtained a defense verdict following a two-week trial in Camden County.  Our insured, a stevedore company (responsible for discharging cargo ships), had offloaded telephone pole-sized pillars of solid steel, known as "blooms" from a ship at a marine terminal port and stacked them on the pier.  The plaintiff was a supervisor for the port owner, whose company was responsible for subsequently loading the blooms by forklift onto trucks for delivery to the end-user. 

During the truck loading process , the forklift operator and our insured's “checker” (responsible for insuring that the correct inventory was being loaded and shipped) experienced difficulty loading the last of 3 blooms onto a truck.  The plaintiff, as supervisor of the forklift operator, stopped to assist.  While attempting a routine repositioning procedure, the bloom, which weighed approximately 7 tons, inadvertently rolled off the forklift blades, crushing the plaintiff's right leg and necessitating an above-the-knee amputation.

The plaintiff alleged that the accident and injury resulted from our client’s negligence with improperly stacking the blooms after discharge, as well as the checker’s involvement during the repositioning procedure. The plaintiff’s demand was $3.5 million. Following a two week trial, and into a second day of deliberations, the jury ultimately concluded that any negligence of our client did not proximately cause the accident, but rather the accident was caused by the conduct of the forklift operator and the plaintiff himself. A defense verdict was returned.

Obtained a defense verdict following a 1 month trial where the plaintiff, a 47 year old female periodontist, alleged that she sustained a career-ending injury, resulting in total disability, when she was struck by a deteriorated section of a wood privacy fence at the insured's condominium complex where she lived. The plaintiff underwent anterior & posterior lumbar spinal fusion surgery 3 months after the accident and then sold her practice 3 months later. She had been earning approximately $200,000 annually. The plaintiff rejected a $2 million settlement offer (which had been extended to protect an excess layer) on the last day of trial, holding firm on a $7 million demand. 

Obtained a defense verdict following a jury trial in Federal District Court on a Maritime Jones Act Seaman claim.  The plaintiff, a commercial fisherman, suffered a crushed hand injury while lowering clam cages. The defense successfully maintained that the vessel was seaworthy and that the accident was caused by the claimant's own negligence.  

Obtained a defense verdict following a jury trial on behalf of two surgeons in a medical malpractice case alleging negligence during a laparoscopic gall bladder removal surgery in which the common bile duct was inadvertently transected. The plaintiff required additional surgery and suffered a difficult post-operative course as well as alleged permanent liver damage. The jury accepted the defense argument that aberrant anatomy led to this accepted complication. 

Obtained a defense verdict following a jury trial on behalf of NY Waterway. The plaintiff fell on a ramp while entering a ferry boat, suffering a fractured knee that required surgical repair. The plaintiff alleged that the ramp on which she fell was negligently designed. The defense used as its liability expert Tom Blomquist, US Coast Guard (Ret.). Capt. Blomquist had served as the Commanding Officer of the US Coast Guard Marine Inspection Office, Philadelphia, Pa., and convincingly testified that the ramp was in compliance with all applicable Coast Guard and maritime related regulations. The jury apparently liked or sympathized with the plaintiff as it returned a question during deliberations, asking if it could award monetary damages in the absence of any adverse finding against the defendant. After the judge instructed the jury that it could not, the jury returned its verdict in favor of the defense. 

Obtained a defense verdict following a jury trial on behalf of a surgeon in a medical malpractice case. The plaintiff suffered a puncture of the aorta during a laparoscopic gall bladder surgery. The plaintiff was pregnant at the time and the fetus died. The jury accepted the defense argument that inadvertent vascular injury was a rare but recognized complication of the procedure. 

Obtained a defense verdict following a jury trial in a premises liability action against a condominium complex.   The plaintiff claimed that she fell on ice on a sidewalk following a snow storm. She suffered a fractured shoulder that required surgical repair.  Matthew was successful not only in obtaining a defense verdict on behalf of the condominium Association as to the plaintiff, but was also successful in pursuing a cross claim for defense and indemnity against the co­defendant snow contractor. The client was awarded all legal costs incurred in having defended the suit, plus interest and fees.