PRACTICES
OVERVIEW
Wes Payne has over 30 years of experience as a trial attorney and advising insurance carriers and self-insured corporations regarding the evaluation and development of creative and cost-effective solutions to complex litigation issues, particularly in the areas of product liability, general litigation, asbestos, toxic tort, insurance bad faith, extra-contractual damages and coverage matters. He represents product manufacturers, premise owners and management companies with a viewpoint of understanding their business objectives and goals and developing litigation strategies that meet and complement the client’s ongoing business interest.
Wes has substantial courtroom experience, trying a number of high exposure cases in various jurisdictions throughout the country to jury verdict and through appeal in state and federal courts. In addition to his third-party litigation practice, Wes has a proven track record of achieving successful results for his insurance clients in insurance coverage and bad faith disputes. Whether the case involves catastrophic injuries, significant damages, multiple plaintiffs or complex legal or factual scenarios, he works with clients to limit their potential exposure and to resolve the dispute in the most favorable manner.
Wes is Co-Chair of the Pro Bono Committee and Chair of the firm's Homeless Advocacy Group. He serves on the Partner Compensation Committee and is a former member of the Operations, Budget and Executive Committees. He also serves on several pro bono and civic boards and as a Judge Pro Tem for the Philadelphia Court of Common Pleas. Wes is active in several legal organizations, holding leadership positions with many of them
Philadelphia Bar Association
- Chancellor
Pennsylvania Bar Association
- Past Zone 1 Governor
- Past Minority Governor-at-Large
- Member, House of Delegates
- Past Co-Chair, Minority Bar Committee
- Past Co-Chair, Military & Veterans Affairs Committee
- Statewide Mock Trial Competition Panelist
Conference of County Bar Leaders
- Past President
Bethesda Project
- Past President
Philadelphia Association of Defense Counsel (PADC)
- Past President
Philadelphia Diversity Law Program
- Past Co-President
Homeless Advocacy Project
- Board Member
Pennsylvania Defense Institute
Pennsylvania Legal Aid Network
- Past President
Recognition and Involvement
Recognition & Involvement
Wes is an AV® Preeminent rated attorney by the Martindale-Hubbell peer review rating system. He is recognized by The Best Lawyers in America® 2024 for Personal Injury Litigation - Defendants. He was also recognized by The Legal Intelligencer as an "Unsung Hero" for his dedication and service to the pro bono community. He is a recipient of the Multicultural Leadership Award and named as one of the "Top 60 African American Attorneys in Philadelphia" by the Philadelphia Tribune. Wes received The Honorable William F. Hall Award from The Barristers' Association of Philadelphia, Inc. for his service to the community. He was also named a Pennsylvania "Super Lawyer" by Super Lawyers from 2012-2023.
Credentials
Bar and Court Admissions
Pennsylvania
Maryland
U.S. Court of Appeals for the Third Circuit
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 Western District of Pennsylvania
U.S. District Court for Maryland
Education
University of Maryland School of Law, JD, 1988
- President, Student Bar Association
Washington Lee University, BA, cum laude, 1985
News & Insights
Memberships
Pennsylvania Bar Association
Pennsylvania Defense Institute
Philadelphia Association of Defense Counsel
Philadelphia Bar Association
Philadelphia Diversity Law Group
REPRESENTATIVE MATTERS
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Obtained summary judgment, and defeated class certification, on behalf of an event security company in Maryland class action consisting of hundreds of young female dancers who were spied upon by a convention center public safety officer who inappropriately used the facility’s surveillance cameras to view and record the dancers’ dressing area.
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Pedrogo v. New Flyer, et. al., Civil Action No. 201200681 (P.C.C.P., K. Shreeves-John) – On June 8, 2022 contested motion for summary judgement granted as to all counts, including product liability, negligence and warranty counts.
- Soyars v. New Flyer, et. al., Civil Action No. 24-C-21-001448-OT (B.C.C.C) – On December 21, 2021 received voluntary dismissal of New Flyer from product liability and negligence case.
- James v. Geico, Civil Action 16-CV-2757 (EDPA) – On December 18, 2020 contested motion for summary judgement granted in bad faith and breach of contract matter and all claims dismissed as to the carrier.
- DiGuilio v. Glasgow Inc, et. al., Civil Action No. 170500695, (P.C.C.P., New, J.) – On July 9, 2019, contested motion for summary judgment granted in an employer liability case where plaintiff alleged asbestos exposure and silica exposure while employed by Glasgow and subsequently diagnosed with lung cancer
- Konepalsky v. Keystone Cement, et. al., Civil Action No. 160203694, (P.C.C.P., New, J.) – On October 10, 2018, contested motion for summary judgment granted in a premises liability case where plaintiff alleged to have been exposed to asbestos at a Keystone facility and subsequently was diagnosed with mesothelioma
- Tuxbury v. D.C. Fabricators, et. al., Civil Action No. 171204095 (P.C.C.P., New, J) – On September 28, 2018, received voluntary dismissal D.C. Fabricators from an asbestos-related mesothelioma premises liability claim based upon the lack of a successor liability theory
- Balough v. D.C. Fabricators, et. al., Civil Action No. 170602569 (P.C.C.P., New, J) – On August 30, 2018, plaintiff withdrew his opposition to and voluntarily dismissal D.C. Fabricators from an asbestos-related mesothelioma premises liability claim based upon the lack of a successor liability theory
- Knight v. Pennsylvania Real Estate Trust, Civil Action No. 150502627, (P.C.C.P., Younge, J.) – On March 15, 2017, obtained a voluntary dismissal for all client on all claims. A woman was assaulted and her finger bitten off by another shopper in the mall’s parking lot. The incident received national press and was featured on the 60 Minutes “Parking Wars” episode.
- Gargiulo v. New Flyer, et. al., Civil Action No. 160900637 (P.C.C.P., Cohen, J.) – On April 7, 2017, received a voluntary dismissal of all claims against New Flyer in a defectively and negligently design and breach of warranty claim by minor plaintiff hit head on by bus
- National Fire Insurance Company a/s/o ROSCO v. New Flyer, Civil Action No. 16-5415 (E.D.Pa., Petrese B. Tucker, C.J.) – On February 23, 2017, received dismissal on behalf of sole defendant, New Flyer of America, Inc., in a product liability, negligence, contractual liability and contribution action brought by National Fire
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Leibrand v. New Flyer et. al., Civil Action No. 150801394, (P.C.C.P., Carpenter, J.) – On February 6, 2017, Motion for Summary Judgment was granted and all claims and cross-claims were dismissed in a defectively and negligently designed bus case
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Neal and Bello v. Pennsylvania Real Estate Investment Trust, et. al., Civil Action Nos. 150702709 and 160200239 (P.C.C.P., Younge, J.) – On January 6, 2017, received voluntary dismissal on behalf of Pennsylvania Real Estate Investment Trust in alleged malfunctioning elevator crash and negligent supervision case
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Checker Cab Philadelphia, Inc., et al. v. Uber Technologies, Inc., et al., Civil Action No. 14-7265 (E.D.Pa., Nitza I. Quinones Alejandro, J.) – On March 7, 2016, Motion to Dismiss granted on behalf of Google Ventures LLC in Lanham Act, Unfair Competition, RICO and anti-competition claims action
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Chin v. New Flyer, Civil Action No. 130900933 (P.C.C.P., Lachman, J.) - On December 14,2015 received defense verdict on product liability claim tried for six (6) days before a jury in Philadelphia County
- Zaltsman v. New Flyer (P.C.C.P. 2015) Received defense verdict for client in a negligence and product liability matter tried before a jury
- Harford v. Delaware Tool & Machine Co., Inc. (E.D.Pa. 2015) Motion for Summary Judgment granted for Insurance carrier in Declaratory Judgment action
- Harford v. Peterman (WD Pa. 2014) Received Judgment on the Pleadings in favor of Insurance carrier in Declaratory Judgment action regarding denial of UM/UIM benefits to insured injured in another vehicle
- 220 Broad Street LLC v. Bellevue Associates LLC (P.C.C.P. 2012) tried property damage case and received a defense verdict on behalf of building owners and management companies in contract and negligence action in which plaintiff alleged defendants failed to properly maintain the sprinkler system which lead to an unexplained activation of a sprinkler head and resulting in over $220,000 of property damage