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Practice Highlights

  • We are regularly called in at any point in the claim or litigation process.
  • We analyze issues, develop factual and expert evidence and formulate a strategy with a view towards trial.
  • We often counsel clients after a catastrophic event in order to guide them through regulatory inquiry and protect evidence.

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Catastrophic/Excess Liability

When it comes to catastrophic claims, our lawyers are regularly called in at any point in the claim or litigation process to rapidly respond to the urgent needs of clients throughout the country in matters that take place in state and federal courts. Our trial-tested lawyers immediately analyze the multiple issues, develop factual and expert evidence and formulate a strategy with a constant view towards trial. This approach provides our clients with a multitude of options, which ultimately saves them time and money as every case is fully prepared for trial.  

Our team of lawyers responds to catastrophic personal injury claims involving wrongful death, cognitive impairment/brain injury, quadriplegia, paraplegia or psychological injury. In addition, our lawyers commonly involve themselves in catastrophic commercial or property damage losses involving business interruption, lost profits, business torts, libel, slander, destruction of business and inventory loss.

Our clients are located nationally and include insurance carriers, self insured entities, commercial property owners, manufacturers, transportation companies and healthcare facilities as well as business owners.

Our lawyers also provide counseling immediately after a catastrophic event occurs so they can guide the client through any regulatory inquiry and protect evidence such as witnesses, products, documents and electronic data. Counseling is often times a critical activity to preserving and developing evidence for trial.   

Representative Matters

  • Successfully obtained emergency relief from Supreme Court of Pennsylvania staying major jury trial set to begin the next day in suit involving claims brought by the driver of a commercial vehicle who crashed and suffered quadriplegia. Argued the trial must be stayed because the Fair Share Act requires all co-defendants be tried at one time, and another co-defendant’s appeal of denial of summary judgment – arguing that it was immune from suit – was still pending. (Court of Common Pleas, Philadelphia County)
  • 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 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 (medical student) 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 with demands at $100 million (death case) and $37 million (brain injury case).  Global settlement of approximately $4 million after approximately two weeks of trial. Superior Court of N.J., Camden County
  • Represented regional restaurant franchise in dram shop action involving traumatic brain injury. Retained as lead counsel with a few months left in discovery with demand exceeding $20 million. Partially structured settlement below $2 million on the eve of trial.  Superior Court of N.J., Middlesex County
  • Represented nationwide energy corporation in a 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 during trial resulted in $18 million settlement after three-week jury trial verdict for $85 million. Court of Common Pleas, Philadelphia County 
  • Represented international manufacturer of industrial refrigeration systems in a products liability case alleging client’s equipment discharged refrigerant that damaged inventory of stored product. Retained as lead counsel during discovery. Trial demand was $26 million. Jury verdict of $5 million. Court of Common Pleas, Philadelphia County
  • Represented nationwide retailer and garage door opener manufacturer in products liability case where four-year-old plaintiff was rendered a spastic quadriplegic when she was trapped beneath a garage door. Retained as co-counsel.  Pre-trial settlement of $4 million with $2.2 million structured. U.S. District Court for the Western District of Pa
  • Represented regional trucking company in a case in which the plaintiff college student lost his leg due to a head-on accident with client’s tractor trailer. Retained after discovery. Pre-trial settlement of $2.9 million. Superior Ct. of Delaware, Kent County
  • Represented international residential furniture retailer/manufacturer in a products liability case involving the death of 3-year-old female.  Retained as lead counsel after discovery. Settled at mediation for $2.3 million.  Court of Common Pleas, Philadelphia County
  • Represented resort company in a premises liability case involving a catastrophically brain-injured and permanently disfigured 12-year-old boy.  Retained as lead counsel shortly before trial. Case settled three days into trial for approximately $4.8 million.  Court of Common Pleas, Lehigh County, Pa
  • Represented manufacturer of cherry picker in a products liability case in which plaintiff electrician alleged permanent disability due to electrocution.  Retained during expert discovery as lead counsel. Settled at mediation for $3 million, below excess coverage.  Court of Common Pleas, Allegheny County, Pa
  • Represented industrial manufacturer of packaging equipment in a products liability case involving a 29-year-old forklift operator who sustained spinal injuries rendering her wheelchair-bound.  Retained as lead counsel and settled on first day of trial for $700,000. Court of Common Pleas, Westmoreland County, Pa
  • Represented nationwide trucking company in a fatal accident involving a physician. Retained as co-counsel near the conclusion of discovery. Settled for $1.75 million, below the excess carrier's layer of coverage.  Superior Ct. of N.J., Essex County
  • Represented international shipping company in commercial motor vehicle accident case which rendered 40-year-old father catastrophically brain-injured.  Retained as lead counsel after discovery.  Settled on eve of trial for approximately $10.6 million.  Court of Common Pleas, Philadelphia County
  • Represented food manufacturer in a commercial premises/products liability claim brought by delivery driver alleging infectious process from food waste caused total disability. Retained during discovery. Settled during trial for $8.85 million.  Superior Court of N.J., Middlesex County
  • Represented handgun manufacturer in a products liability case in which 8-year-old plaintiff was shot in head by 15-year-old resulting in significant head and brain injuries. Retained as co-counsel after discovery. Settled on eve of trial for $1.3 million.  Court of Common Pleas, Philadelphia County
  • Represented automobile dealer in products liability case arising from passenger van rollover causing four deaths and seven injuries.  Retained as lead counsel after discovery. Settled after multiple mediation sessions below the excess carrier's layer of coverage.  Court of Common Pleas, Philadelphia County
  • Represented nationwide manufacturer of an underground propane tank in a products liability case wherein alleged propane leak caused a home to explode, killing a 32-year-old father of two.  Retained as co-counsel.  Settled during the first day of trial for $9 million.  Court of Common Pleas, Philadelphia County
  • Represented local construction company in a motor vehicle accident case in which plaintiff was wheelchair bound.  Retained as lead counsel five days before trial commenced.  Case settled for $2.9 million after three days of jury selection. Eve of trial demand was $4.9 million.  Superior Court of N.J., Bergen County
  • Represented school board of education in fatal bus accident case involving a two-year-old pedestrian girl.  Retained as co-counsel at conclusion of discovery. Settled on eve of trial for $2.65 million.  Superior Court of N.J., Middlesex County 

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