Results

The defense prevailed on a motion for judgment on the pleadings in a declaratory judgment action seeking liability coverage in a catastrophic injury case. ​The plaintiff was a passenger in a vehicle driven by his wife when she veered off the road and struck a pedestrian, nearly killing him.

The plaintiff brought claims for negligent hiring/supervision, false imprisonment, and intentional infliction of mental distress arising from an incident where she was allegedly lured to a residential apartment building in New York City under false pretenses and sexually assaulted by the desk security guard in a back room of the lobby. The guard involved was duly licensed and had no criminal history. At trial, he was criminally convicted and sentenced to prison.

We secured a dismissal of a civil rights action against a Pennsylvania children and youth agency and several of its caseworkers and staff attorneys. ​The plaintiff parents brought their five-month-old baby to the hospital with a spiral fracture mid-shaft on his right humerus. The hospital team collectively concluded that the injury was probably accidental in nature, but a nurse reported the injury to the agency, concerned that it might have been caused by abuse.

Our appellate attorneys convinced Florida’s Fifth District Court of Appeal to affirm an administrative law judge’s final order finding a claim compensable under the Florida Birth-Related Neurological Compensation Plan. ​A minor child was permanently and substantially brain damaged as a result of his complicated birth. The parents sought compensation pursuant to NICA under protest.

In an arbitration matter filed against our insurance company client, the applicant claimed our client owed him for the unpaid medical bills of the claimant totaling approximately $20,000. The claimant was purportedly involved in a motor vehicle accident and sought payment for medical treatments/surgery. It was argued that our client owed the applicant’s client for the medical services, despite New York State being the improper venue for hearing such a claim.

We obtained summary judgment for a national trucking company in a lawsuit filed in Middlesex County, New Jersey, arising from a multi-vehicle trucking accident on the New Jersey Turnpike in which a young girl was killed and her mother seriously injured. In addition to being granted summary judgment, we recovered for our client all of its property damage, towing, and related costs from the other vehicles involved in the accident.

The claimant slipped and fell at work, injuring his head and neck. The carrier accepted a contusion injury. The claimant alleged multiple additional injuries including cognitive maladies, memory loss, speech problems, vision convergence, photophobia, cranial nerve injuries and balance issues. The claimant testified while wearing sunglasses due to his alleged photophobia condition. Thirteen hours of surveillance video disputed the claimant’s alleged symptoms (including his need for sunglasses).

We successfully defeated a workers’ compensation appeal involving a claim penalty/termination petition on behalf of a worldwide youth adult development organization. ​A Medical Only Notice of Compensation Payable acknowledged liability for a skull contusion and denied any associated disability. The claimant alleged injuries to the cervical spine, head, eyes, a concussion and post concussive syndrome, resulting in total disability.

We initially successfully defended a bifurcated claim petition filed by the claimant, an independent contractor. Opposing counsel appealed, and the Workers’ Compensation Appeal Board reversed and remanded the decision for evidence on the medical component of the claim. However, contrary to the defendant’s argument, on remand, the judge granted the claim petition, finding she was “constrained” to reaffirm the Board on the independent contractor issue.

​The claimant worked as a coal miner for approximately nine years in underground mining. The administrative law judge denied benefits, finding the claimant had failed to establish that he suffered from a totally disabling respiratory condition. The claimant appealed. The denial of benefits was affirmed on appeal.