Results

We won a summary judgment motion in a failure to diagnose breast cancer case on behalf of an imaging company. The plaintiff had four mammograms over a four year period, all of which read as negative for abnormalities by four radiologists. At the end of the fourth year, the plaintiff was hospitalized as a result of a fall, during which she was diagnosed with Stage IV metastatic breast cancer. In the resulting lawsuit, our client was named for theories of corporate and vicarious liability.

We successfully defended a claim where a large cable provider (owner) hired a contractor to complete work at an out-of-state location, and various parts of the job were subcontracted to several different companies, one of which did not have New York workers’ compensation insurance coverage. The contested issues were whether the Board has subject matter jurisdiction over this claim, what company employed the claimant, and whether the claimant was a covered employee.

We secured a dismissal with prejudice in a product liability case in Pennsylvania. The plaintiffs, who were involved, but not responsible, for a drunk driving accident, claimed that the beverage manufacturer was liable to them because the product had more alcohol than other alcoholic beverages and was improperly marketed to minors.

We successfully defended and submitted post-hearing arguments and secured dismissal of a New York no-fault arbitration matter. The applicant, a major medical provider, filed an arbitration matter in the amount of $361,601.62, claiming 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 medical treatment for a series of treatments rendered while hospitalized, post-accident.

We secured summary judgment on behalf of a school district in Fayette County, Pennsylvania. The plaintiff alleged he sustained a concussion as a result of a fall from a loading dock when making a delivery to a middle school in the school district. He argued that the loading dock was dangerous due to inappropriate depth, causing boxes on his hand truck to strike a wall, thus pushing him off of the loading dock. The court concluded that, because of the plaintiff’s prior uneventful encounters with the loading dock, the plaintiff was aware of the intricacies of the loading dock.

We won a complex legal malpractice trial in Burlington County, New Jersey. The case arose out of underlying breach of employment cases where the plaintiff claimed his employer shorted him on amounts due for his salary and an electrical property. Based on the net opinions of the plaintiff’s expert, the court dismissed the legal malpractice claims during trial, and the jury awarded our client fees and costs, with interest.

We successfully defended a Claim Petition on behalf of a national trucking company where the claimant alleged a disabling aggravation of a pre-existing cervical condition from a fall at work. Our thorough review of the medical records and the presentation of the evidence convinced the judge that the claimant did not meet his burden of proof on causation.

We secured a defense verdict on behalf of an extended care facility in a medical malpractice case. The plaintiff alleged negligence regarding the development and progression of certain wounds that the plaintiff’s decedent developed throughout her treatment at various medical facilities. The evidence presented to the jury supported the argument that the decedent’s wounds occurred prior to her arrival at the insured’s facility and that, while at the facility, the wounds were properly treated. 

We successfully defended a claim on behalf of our client where the answer was late without a reasonable excuse. However, we persuaded the workers’ compensation judge that the claim petition was not well-pled as to the main allegation. We further convinced the judge that the claimant did not meet his burden of proof on causation.

We obtained a defense verdict in a case involving medical and property damages. While riding a bicycle through a shopping center parking lot, the plaintiff collided with our client, who was driving a vehicle, at an intersection that did not have stop signs. The plaintiff alleged that our client was responsible for his medical damages, as well as property damage to his bike and clothing.