Results

The plaintiff’s decedent was shot and killed while allegedly on his way home from school. We  were able to prove that the young man was a trespasser on the common area of the property where he was shot, even though his aunt was a tenant in the apartment complex. The decedent’s family claimed he was on his way to see her. Our investigation revealed that he was connected to local gangs and that, at the time of his shooting, he was wearing a ski mask (in Florida) and carrying a hand gun.

The applicant, a major medical provider, filed joint arbitration matters in the aggregate amount of $46,095.41, claiming our client owed it for the claimant’s unpaid medical bills. The claimant had been involved in a motor vehicle accident and sought payment for medical treatment. Counsel for the medical provider argued that the original denial basis was insufficient to deny the payment of the claims. However, after our successful argument at the arbitration hearing, our client’s policy of insurance was found to be completely and properly exhausted.

We successfully prosecuted a termination petition and at the same time defended a review petition on behalf of a Berks County mushroom facility in a falling object case. The claimant sustained a strain injury to his neck when he was struck by a stack of falling mushroom baskets at work. Although the baskets only grazed one side of his head and neck, the claimant alleged that his opposite shoulder was injured in the accident to the extent of a fully torn rotator cuff tendon.

We obtained summary judgment in a legal malpractice matter where the underlying case concerned a matrimonial representation in a highly contested divorce. In the underlying matter, our clients represented the wife in a contentious divorce from her attorney husband.  At all times, our clients advised the wife regarding litigation strategy and the disputes concerning discovery and failure to provide documents, which delayed the matrimonial case even further.

We obtained a directed verdict in a medical malpractice case after successfully challenging the plaintiff’s nursing expert’s qualifications to render standard of care opinions against a certified emergency nurse. The plaintiff, a 61-year-old female with an undisclosed history of seizures, returned to the emergency department with complaints of nausea, vomiting and abdominal pain. While she was being worked up, she got out of bed without calling for assistance, had a seizure and fell face forward. She sustained a subarachnoid hemorrhage and subdural hygromas.

We were successful in having a case dismissed on summary judgment in Brooklyn, New York. The plaintiff was a ticket agent for an international airline at LaGuardia airport. Our client was the cleaning service for the airport terminal. The plaintiff claimed she tripped and fell over a “worn/torn defective” floor mat behind the ticket counter. Depositions of the defendant indicated that they did not own, control, maintain or supervise the mats behind the airlines’ ticket counter. Summary judgment was filed in 2020.

The arbitration panel found in favor of the defendant in a motor vehicle accident case where the plaintiff was driving a dump truck and claimed he was side-swiped by a tractor-trailer. The plaintiff filed suit against the driver of the tractor-trailer and his employer, both of whom were represented by Marshall Dennehey. It was the defendants’ position that the plaintiff was not side-swiped, but that the plaintiff actually rear-ended the tractor-trailer because he was going too fast to stop as the tractor-trailer moved from the right lane into the left lane.

We obtained a unanimous defense verdict after a nine-week trial in Suffolk County, New York, where the plaintiff’s counsel requested that the jury award $40 million in damages. The plaintiff was 51 years old when she was diagnosed with peritoneal mesothelioma, allegedly as a result of being exposed to asbestos-containing joint compound manufactured and sold by our client. The plaintiff, who was 56 at the time of trial, testified that she had little or no knowledge of ever being exposed to asbestos.

The Appeal Board rejected the claimant’s argument that the testimony of the employer’s medical expert did not support the judge’s finding of a termination of benefits for a low back injury because the employer’s medical expert testified that if the claimant was asymptomatic in her back prior to her slip and fall in a kitchen at work, the injury may have aggravated a pre-existing, underlying condition in her lumbar spine.

We successfully handled a landscaper’s claim of a work-related low back injury. The claimant gave an inconsistent account of how his injury occurred, and when he gave notice. The defense presented five fact witnesses from the employer, two of whom testified the claimant never gave notice, and three of whom testified he told them he was going to fabricate this Workers’ Compensation injury because he wouldn’t be entitled to unemployment compensation benefits at the end of the season. Coincidentally, the testimony revealed the claimant did not receive unemployment compensation benefits.