Cases
Significant Representative Matters: Obtained a defense award in favor of our client, a prominent road
bridge constructor, at arbitration in Philadelphia. Plaintiff alleged a trip
fall in our construction zone, with knee
back injuries. We argued that the plaintiff failed to prove any actionable defect, that the condition was open
obvious,
that the plaintiff's own negligence was the proximate cause of the fall.
Obtained a summary judgement in a construction defect subrogation case with a $1.3 Million dem
. Andrew represented the general contractor
its carrier against a sub-subcontractor who improperly sealed roof openings they made, causing extensive water damage to 12 floors of the building. The subcontractor hotly contested liability on the theory that our client chose
approved the use of sealing foam for this application,
on a separate theory that the contract language itself was deficient. Andrew filed a Motion for Summary Judgment on contractual indemnity arguing that the GC's possible culpability was of no relevance since the contract language met the st
ard set forth in Pennsylvania's Perry-Ruzzi rule
the subcontractor was liable to indemnify even for the GC's causal negligence. The court agreed that the contract language met the st
ard
entered judgement against the sub for indemnity. This is an important ruling since these indemnity issues arise in virtually every construction case, whether defect or BI,
oftentimes subs
their carriers will not pick up the claim even when it is clear that they should.
Obtained a dismissal by summary judgment in a transportation matter in which he represented a state's department of transportation. The plaintiff, a tractor-trailer operator, was injured in a single vehicle accident on the approach to a construction zone, during a heavy rainstorm. Plaintiff lost control of the vehicle, which rolled off of the roadway into a ravine, resulting in catastrophic injuries. The plaintiff alleged the client was negligent in failing to provide adequate lighting at the approach to the construction zone
permitting a dangerous, defective condition on the road surface,
brought negligence claims against the state's department of transportation
multiple contractors. The basis of Andrew's defense was that the plaintiff failed to prove any defect or hazard that would constitute an exception to sovereign immunity.
Obtained a summary judgement in a medical malpractice case involving the death of a one-year-old infant who twice presented to the ER with seizure complaints
was not admitted until such time as she died in ICU due to complications from an underlying
undiagnosed heart condition. Our client was a Physician's Assistant Student working in the ER who evaluated the patient, interviewed the mother
recorded her findings in the medical record. We filed a Motion for Summary Judgment on the basis of a Physician Assistant Student's duty
scope of authority in a pediatric ER,
the court in Philadelphia County entered summary judgement in her favor, dismissing all claims
crossclaims.
