Cases
Representative Matters: Kelley v. Amore Limited Partnership
Amore Management Company, et al. - The Plaintiff contended that she tripped over an exposed piece of rebar protruding from a broken end of a concrete parking block when she exited her vehicle at her apartment building. The Plaintiff developed a hematoma on her right knee which quickly developed gangrene requiring multiple surgical interventions
considerable residual scarring. The Plaintiff dem
ed $185,000. The defense argued no negligence for an open
obvious hazard. Defense verdict after four day jury trial before Judge Terrance O'Brien.
Reed v. Redevelopment Authority of Cambria County, et al. - The Plaintiff was electrocuted when a metal gutter guard he was carrying up a ladder came into contact with a live electric supply line. The Plaintiff was working for a roofing subcontractor as part of the overall renovations of a house purchased by the Redevelopment Authority of Cambria County
rehabilitated through a block grant. The Plaintiff filed suit against the Redevelopment Authority, the electric utility, general contractor
several other subcontractors. A motion for judgment on the pleadings filed on behalf of the Redevelopment Authority on the basis of a no duty analysis
municipal tort immunity. Judgment granted to the Redevelopment Authority by the court en banc
McArdle v. Bird, et al. - In four lawsuits filed in the Court of Common Pleas of Allegheny County
one in the federal court for the Western District of Pennsylvania, the Plaintiff alleged the same set of facts: that his law office was broken into
files removed over 120 times in the last five years. The Plaintiff also alleged that the Defendants (38 members of his family) engaged in defamation
participated in an international criminal conspiracy against him. All four lawsuits dismissed by the courts in Allegheny County
affirmed by the Pennsylvania Superior Court
allocatur denied in the Pennsylvania Supreme Court. The federal action was dismissed by the United States District Judge Maureen Kelly
affirmed by the Third Circuit Court of Appeals.
Estate of Erin Carlisle
Rachel Palkovic v. Bayshore Marine Services, et al. (Three consolidated actions) - There was a tragic explosion
fire on a power boat shortly after fueling at the Erie Yacht Club. There were allegations of operator's errors by the boat captain during the refueling process. It was asserted that the yacht club failed to properly instruct boat operators in safe fueling practices. The marine inspector allegedly negligently inspected the boat immediately prior to sale. Bayshore Marine Services allegedly negligently performed work on the boat. As a result of the explosion, one woman died
the two boat operators/owners were seriously burned
a dock attendant suffered burns. All three actions settled in mediation for over $2.3 million with contribution on behalf of Bayshore Marine Services of $5,000.
Conway v. Eisaman, et al. - The Plaintiff tripped
fell while descending stairs from a beauty salon in a building owned by Nancy Eisaman. Allegedly, the steps were out of conformity with the local building codes
unreasonably unsafe in terms of height
tread size. The Plaintiff sustained a fractured femur
hip. The defense argued full compliance with the building code
the Plaintiff's contributory negligence. Verdict for Defendants.
Kurowski v. Sunlight, Inc. - The Plaintiff, who is a Washington County attorney, owned an apartment building in downtown Washington, PA which was destroyed by fire. The Plaintiff claimed that the Defendant, Sunlight Club, which was a first floor tenant, was negligent for failing to take steps to prevent a former member of Sunlight Club from engaging in the break-in of the building
the arson to the premises. The Plaintiff's dem
was in excess of $1.3 million. Defense argued no duty to anticipate the criminal conduct of a third person. Defense verdict after five days of trial before Judge Katherine Emery.
Helen Davis, M.D. v. Ronald Harvey Excavating, et al. - Dr. Davis parked her vehicle along a curb a short distance from her townhouse. As she stepped onto the sidewalk
took two steps, she slipped
fell sustaining serious leg fractures. It was alleged that the sidewalk was covered with ice which caused her to slip
fall. The Plaintiff sued the developer, homeowners association, management company, architect
snow removal contractor, Ronald Harvey Excavating. The defense was able to demonstrate that the ice accumulation was due to water runoff from the wetl
s adjacent to the Plaintiff's townhouse
not from any negligent conduct from the snow removal contractor. Motion for summary judgment on behalf of Ronald Harvey Excavating was granted.
