Construction Injury Litigation

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Construction sites are listed as one of the most dangerous places to work. With millions of accidents reported each year, injuries are often serious even catastrophic. This type of litigation is challenging and tends to involve sophisticated issues with multiple parties and complex relationships.

Marshall Dennehey's Construction Injury Practice Group understands these complex relationships and issues. With more than three decades of experience, our diverse team of attorneys regularly defends our clients in a wide range of personal injury matters arising out of the construction process. We provide an experienced defense unique to the law for owners, general contractors, constructions managers and subcontractors of every trade.

The depth of our experience is key to our legal defense in construction injury matters. Our professionals have considerable experience and understand the law surrounding this delicate area including workers' compensation, the statutory employer doctrine and peculiar risk doctrine. Our defense approach is aimed at the early identification of key issues and is predicated on developing the earliest possible defense strategies tailored to the individual case and client. Through the use of technology and aggressive investigation, we are able to assess liability and damages early on in the case so, together with the client and insurer; we can effectively resolve the case.

Our unique strategy and team approach consists of experienced partners, associates and paralegals capable of handling the basic, as well as the highly sophisticated and complex, construction litigation matters throughout Pennsylvania, New Jersey, Delaware, Ohio, Florida, New York and Connecticut.

We look forward to your inquiries and remain at your disposal for presentations or seminars which your company may desire.

Schwartz_Seth
Seth J. Schwartz, Co-chair
Sostmann_Stuart
Stuart H. Sostmann, Co-chair

Federal District Court Comments on Fair Share Act’s Applicability in Cases Involving a “Faultless” Plaintiff in Light of Spencer v. Johnson

Pittsburgh
General Liability
Automobile Liability
Trucking & Transportation Liability
Construction Injury Litigation
Premises & Retail Liability
Product Liability
Rideshare Liability
While clarification on the Fair Share Act in light of the Superior Court case of Spencer v. The material in this law alert has been prepared for our readers by Marshall Dennehey.
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Consolidated Cases Successfully Transferred to Correct Venue

Construction Injury Litigation

We successfully transferred two consolidated cases involving alleged falls by construction workers from Philadelphia to Cumberland County. Our clients were located in Lancaster County, and the only codefendant was located in Philadelphia County. We filed preliminary objections as to venue, arguing that the codefendant was a “phantom” defendant named to obtain venue in Philadelphia County. The court was convinced by our arguments. This ruling cuts against the current trend of giving broad deference to plaintiffs on venue issues.

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Obtained Positive Outcome in a Construction Site-Related Personal Injury Case

Construction Injury Litigation

We secured a positive outcome for our client in a construction site-related personal injury case in New Jersey. After a month of trial, we successfully placed the entirety of the plaintiff’s $4.2 million jury verdict against the remaining co-defendant. We also succeeded in placing all of our client’s costs and attorney’s fees on the co-defendant. In total, the judgment against the co-defendant was in excess of $7 million.

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Pennsylvania Appellate Courts Uphold Nonsuit Obtained By Jack Delany In $11.5 Million Construction Death Case

Appellate Advocacy & Post-Trial Practice
Catastrophic Claims Litigation
Construction Injury Litigation

By Order dated April 5, 2023, the Supreme Court of Pennsylvania refused to review the Superior Court’s affirmance of a 2021 nonsuit obtained by Jack Delany in hotly contested litigation stemming from the death of a construction worker. John Hare and Shane Haselbarth handled the appeal along with Jack.

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$5.6 million judgment nullified in construction case.

Appellate Advocacy & Post-Trial Practice
Construction Injury Litigation

Our appellate attorneys were victorious in the Pennsylvania Superior Court, which granted a judgment notwithstanding the verdict and nullified a $5.6 million judgment in a construction accident case. In a unanimous, precedential opinion, the court ruled that the general contractor represented by our attorneys was the plaintiff’s statutory employer and, thus, immune from suit. Yoder v. McCarthy Constr., Inc., 2023 PA Super 13 (Pa. Super. 2023).

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Summary judgment in a construction accident case in the Philadelphia Court of Common Pleas.

Construction Injury Litigation

​Our client was the roofing contractor on a project in Philadelphia. The plaintiff was an employee of a subcontractor of our client. The plaintiff was injured when he fell through a skylight cutout in the roof. He fell approximately 15 feet and sustained injuries, including a broken hip (requiring ORIF) and fractured vertebra. The plaintiff was hospitalized for one month. The last settlement demand was $2.5 million.

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