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Michael W. Horner Partner

 
Cherry Hill, NJ | Direct 856.317.3658 | Fax 856.317.3608
Philadelphia, PA
 | hornerm@whiteandwilliams.com
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Michael Horner has extensive experience litigating, mediating and arbitrating complex, catastrophic loss matters involving personal injury and economic damages.  He has been practicing for well over a decade throughout multiple state and federal jurisdictions.  His high-stakes trial practice includes product liability, construction site liability, transportation law, workplace safety, commercial premises liability, dram shop liability and commercial contract disputes.  Mike’s practice frequently involves the defense of insured and self-insured local, national and multinational companies facing potential exposure in the millions of dollars for injuries ranging from death, traumatic brain injury, quadriplegia, paraplegia, loss of limb, property loss and business interruption.  Mike’s catastrophic loss practice often requires associating in as lead trial attorney with primary carrier retained counsel and trying the case to verdict or favorable settlement.  

Mike also has significant experience litigating a wide variety of employment-related disputes involving age, gender, disability and race discrimination, non-compete and restrictive covenants and fraud in state and federal courts and agencies in New Jersey and Pennsylvania.  He has tried employment disputes to jury verdict and obtained temporary restraining orders and permanent injunctions in multiple jurisdictions.  

Mike also has significant experience litigating a wide variety of commercial contract and other business related disputes for clients ranging from small local businesses to multinational corporations in both state and federal courts in New Jersey and Pennsylvania.      

Representative Matters

  • Obtained a unanimous defense jury verdict on behalf of a regional material handling service and supply company after a six-week trial involving wrongful death and survival claims. Plaintiff alleged damages arising from negligent maintenance of a pallet truck involved in a warehouse accident. Retained as lead counsel shortly before initial trial date with a demand at $15 million. (Superior Court of N.J., Camden County)
  • Represented international sporting goods manufacturer in a product liability action involving a youth baseball aluminum bat which allegedly permitted dangerous batted ball speeds. The Plaintiff was a 12-year-old male pitcher hit in the chest with a batted ball causing commotio cordis (extremely rare condition whereby heart stops) and subsequent catastrophic brain injury. Settled on the eve of trial after mediation and mock trial. (Superior Court of New Jersey, Passaic County)
  • Represented an international engineering/construction services company in a construction site accident case where an ironworker alleged traumatic brain injury after being struck by a knuckle boom crane. Retained ten days before trial with a $10 million demand. Filed five motions in limine, retained and served five expert reports (lifecare, economics, vocational, life expectancy and liability) and joined subcontractor employer for contractual indemnity all within ten days. Case settled for $1.5 million (partially structured and less than half economic damages) after four days of trial. (Superior Ct. of N.J., Middlesex County)
  • Represented local hotel owner/operator in wrongful death/survival action and traumatic brain injury premises liability action involving four-story fall through hallway window in Atlantic City hotel; retained as lead counsel less than two months before initial trial date; favorable settlement for client after approximately two weeks of trial (Superior Court of NJ, Camden County)
  • Represented American subsidiary of multinational printing company in chancery action involving former employee’s violations of non-compete and restrictive covenant provisions in employment contract (Superior Court of NJ, Middlesex County) 
  • Represented regional real estate broker and obtained summary judgment in breach of contract and emotional distress case brought by former independent agent (Superior Court of NJ, Burlington County) 
  • Represented multinational residential furniture retailer/manufacturer in product liability case which arose from death of three-year-old female; retained as lead counsel after discovery; favorable settlement at mediation for client (Court of Common Pleas, Philadelphia County)
  • Represented nationwide retailer and garage door opener manufacturer in product liability case where four-year-old plaintiff was rendered a spastic quadriplegic when she was trapped beneath a garage door (U.S. District Court for the Western District of PA)
  • Represented nationwide energy supplier in premises liability case in which a 30-year-old plaintiff medical student suffered debilitating spinal injuries; retained as lead counsel after discovery and one-month prior to trial; high-low agreement secured favorable settlement for the client after a four-week jury trial (Court of Common Pleas, Philadelphia County)
  • Represented board of education in a fatal bus accident case involving a two-year-old pedestrian girl. Retained as co-counsel at conclusion of discovery; favorable settlement for client on eve of trial (Superior Court of NJ, Middlesex County)
  • Represented nationwide industrial manufacturer of packaging equipment in a product liability case in which 29-year-old forklift operator sustained spinal injuries rendering her wheelchair-bound; retained as lead counsel and obtained favorable settlement for client on first day of trial (Court of Common Pleas, Westmoreland County, PA)
  • Represented nationwide trucking company  in fatal commercial trucking accident involving deceased physician; retained as co-counsel near the conclusion of discovery; favorable settlement for client on eve of trial (Superior Ct. of NJ, Essex County)
  • Local counsel for a nationwide tire distributor in class action alleging defective Chinese manufactured tires; client dismissed without payment (U.S. District Court for District of NJ)
  • Local counsel for a multinational motor vehicle manufacturer in class action for alleged defective seatback mechanisms; client dismissed on summary judgment (Superior Court of NJ, Camden County)
  • Represented regional manufacturer of industrial equipment in wrongful death action in which baler crushed decedent; favorable settlement for client prior to significant discovery (U.S. District Court for Southern District of New York)
  • Represented and obtained defense jury verdict for multinational transportation company in Family and Medical Leave Act case based upon pregnancy discrimination (U.S. District Court for Eastern District of PA)
  • Represented and obtained defense jury verdict for local franchise of nationwide cleaning company in case involving disability discrimination (Superior Court of NJ, Gloucester County)
  • Represented American subsidiary of multinational tooling manufacturer in breach of contract, theft/conversion and NJ RICO case against former CEO and director alleged to have stolen over $500,000 from company (Superior Court of NJ, Gloucester County and U.S. Bankruptcy Court for District of NJ)
  • Defended New Jersey business and its owners in Philadelphia County, Commerce Court action brought by competitor alleging corporate theft, unfair competition and tortious interference with contract  

Recognition & Involvement

In addition to his law practice, Mike gives back to the community by serving as a board member and volunteer for the Medford Arts Center and as a board member for Mimosa Lakes Community Association.  Prior to practicing law, Mike managed his family’s garden and pool business and was a sportswriter for New Jersey and Philadelphia high school, college and professional sports.

Events

Publications

Bar and Court Admissions

New Jersey

Pennsylvania

U.S. Court of Appeals for the Third Circuit

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Southern District of New York

 

Education

Widener University School of Law, JD, 1996

Rutgers University, BA, 1991 

Memberships

American Bar Association

Burlington County Bar Association

Camden County Bar Association

New Jersey Bar Association

Pennsylvania Bar Association

Philadelphia Bar Association