A SAMPLE OF OUR WORK
In Re; Asbestos School Litigation, 46 F.3d 1284, C.A.3 (Pa.) (1990) [clients: Asbestospray Corporation, Asbestos Products Manufacturing Corp., H & A Construction Company, Inc.]
A national class-action for asbestos in public schools. As the sole remaining not-settled defendants and after preparing for trial and cross-examination of approximately seventy listed experts, the case settled within a favorable range.
Albert and Margaret DiSantis v. Abex Corporation, et al, 908 F.2d 962 (C.A.3 1990) [client: Grumman-Ohio Corporation]
A case, along with many others involving 735 busses sold to SEPTA by the Grumman-Ohio Corporation which allegedly had asbestos in the brake shoes and other components; successfully defended.
Downing v. Philadelphia Housing Authority, 610 A.2d 535 (Pa. Commwlth. 1992), appeal denied 615 A.2d 1314 (Pa. 1992) [client: Philadelphia Housing Authority]
A case involving the scalding from a pot of boiling water to a little girl; the lawsuit was based on a defect of lack of heat in the unit requiring the stove to be on, and the door open during winter months. An Immunity and causation was argued in that that there was not a sufficient causal tie between the lack of heat and the actual instrumentality of the harm - the pot of boiling water. The trial court's decision on a successful Motion for Summary Judgment based on immunity and was upheld.
Leonard v. Pennsylvania Department of Transportation, et al, 771 A.2d 487 (Pa. 1991) [client: Urban Engineers, Inc.]
Mr. Leonard, an ironworker, fell from high up in a bridge he was working on. This case went to the Supreme Court of Pennsylvania. Our client, the CMC on the job (the Blue Route), was dismissed on summary judgment prior to trial. As counsel (after dismissal of Urban) LJB was called as a witness at trial to authenticate the photos he took of his shoes on the I-beam on the bridge in the area where the plaintiff fell.
Tanya Parker, et al. v. Philadelphia Housing Authority PCCP September Term, 1994 No. 0717; Philadelphia Housing Authority v. Parker, et al. (Pa. Commwlth.. No 0663 C.D. 1997), appeal withdrawn, 10/6/97 [client: Philadelphia Housing Authority]
This was the first case involving lead-based brain damage to children (diminished I.Q., learning disabilities and diminished earning-capacity) to be tried to verdict in Pennsylvania. There were three children affected and a three-million dollar demand. Trial resulted in a defense verdict as to one of the children and a total award of $ 167,000.00 for the other two.
Est. of Petersen v. National Gypsum, Asbestospray Corporation, Asbestos Products Manufacturing Corp., et al, 641 A.2d 1236 (Pa. Super. 1993) [clients: Asbestospray Corporation, Asbestos Products Manufacturing Corp.]
The plaintiff's decedent was a teacher in a school where she allegedly contracted mesothelioma from asbestos products in the school. It was successfully defended and one of the earlier market-share liability cases in which the court declined to find causation or market-share as a viable theory.
Est. of Powers v. Albi Manufacturing Co., Inc., et al. 377 Pa. Super. 663, 541 A.2d 1159 (1988) [client: Albi Manufacturing Co., Inc.]
The plaintiff's decedent contracted silicosis in the course of sand-blasting the interiors of industrial storage tanks. Our client manufactured industrial fire-proofing materials. The trial court's decision on a successful Motion for Summary Judgment dismissing our client was upheld.
Prescott by James v. Philadelphia Housing Authority, 555 A.2d 305, (Pa. Commwlth.1989) [client: Philadelphia Housing Authority]
This premises-liability case involved lead-based paint brain damage to the minor child (diminished I.Q., learning disabilities and diminished earning-capacity). The trial court's decision on a successful Motion for Summary Judgment dismissing our client was upheld.
Romano v. Lubin, M.D., et al, (Bucks County, PA), 365 Pa. Super., 627, 530 A.2d 487 (Pa. Super. 1987)
[client: Simon M. Rubin, D.O.]
A settlement was reached involving this case alleging brain-damage to both mother and child due to improper administration of an anesthetic during birth. The appellate issue involved attorney fees due to the plaintiffs' firm.
Skipworth, et al. v. Lead Industries Associations, Inc, Philadelphia Housing Authority, et al. , appeal from PCCP 9208-3069 [client: Philadelphia Housing Authority]
This was a case of alleged neuropsychological injuries to a child as a result of the ingestion of lead paint in the home. While preliminary objection for our client were dismissed, ultimately a Motion for Summary Judgment was granted. The remaining defendants proceeded to Superior Court, where they were dismissed on a refusal by the court to accept market-share liability as a viable theory.
Tuten v. Philadelphia Housing Authority, 595 A.2d 1328, 141 Commwlth. 714 (Pa. Commwlth. 1991) [client: Philadelphia Housing Authority]
The case was successfully defended on governmental immunity
Walker by Walker, PNG, et al. v. Philadelphia Housing Authority, 631 A.2d 1117 (Pa. Commwlth. 1993) [client: Philadelphia Housing Authority]
The case was successfully defended on governmental immunity
Longo v. Quarry Service Co., et al - No. 99-04481; Montgomery County, PA (12.11.01) [clients: Quarry Service Co. and the driver]
A an auto-truck collision case with clear liability; injuries testified to were cervical and lumbar disc herniations; closed head injury, TMJ and carpel-tunnel syndrome. The initial demand was 1.7 million dollars; to $ 500,000.00 immediately before trial to $ 350,000.00 before closing arguments. The jury awarded $ 62,500.00
Boyts v. Meller - No.99-06-548; Philadelphia County, PA (12.16.02) [client: Dr. Meller]
The 35 year old plaintiff underwent a hip-revision (after an original replacement) where, during the surgery by our client, his sciatic nerve was severed. The result was postoperative foot-drop, confirmed (by EMG) neuropathy, repeated hip-dislocations, loss of sensation of the right foot and leg along with atrophy of his right foot and leg. The jury awarded a total of $ 500,000.00.
Silver v. Francis Automotive, 5 F.3d 1491 (3d Cir. Pa. 1993) [client: Francis Automotive Services ]
An employee made a claim for unpaid overtime wages. We proved that the employee performed safety related work on company owned vehicles. This made him subject to the jurisdiction of the Secretary of Transportation and not the Secretary of Labor. Under transportation regulations, the employee was not entitled to overtime pay. The Court of Appeals overturned a decision of the United States District Court for the Eastern District of Pennsylvania
Sembrot v. McPhilemy and Philadelphia Orthopedics Group - No. 00-07-2378; Philadelphia County, PA (11.07.02) [client: Dr. McPhilemy and the Philadelphia Orthopedics Group]
Plaintiff's claim was inability to raise his arm due to improperly establishing the appropriate retroversion during the surgical procedure: a full shoulder replacement. The shoulder bones from an actual cadaver were used as demonstrative evidence (courtesy of the University of Pennsylvania Medical School). The jury returned an 11-1 defense verdict.
Est. of Craig Bomboy v. Lehigh Valley Hospital, et al - Lehigh County; (trial - March, 2003)
Plaintiff's decedent was a 53 year old with a history of cardiac problems. He underwent a minimally invasive CABG and, after the surgery, upon moving him from to OR table to the transport bed his blood pressure dropped as he bled from an aortic tear into the peritoneal cavity. An immediate and remarkably heroic response with a sternotomy and repair. Despite that he passed away two weeks later in the hospital. Trial resulted in a defense verdict.
