Cases
Representative Matters: Railroad Practice: H
led numerous matters in state
federal court at the pre-trial, arbitration, trial
appellate levels on a wide range of liability claims, including those listed below.
Obtained l
mark decision at the trial court level in which the court found that the Railroad Civil Immunity Act (RCIA) departs from the Pennsylvania common law with respect to a railroad's duty to trespassers. Successfully convinced the court to find that the RCIA eliminates the availability of implied licenses to enter railroad property as a means to escape trespasser status (appeal pending). Summary judgment entered in favor of the railroad.
Successfully argued before the Superior Court of Pennsylvania that the continuing tort doctrine did not act to toll the 3 year statute of limitations in a Federal Employers Liability Act (FELA) case in which the plaintiff claimed continuous exposure to asthma-aggravating elements in the ventilation system, where evidence supported that plaintiff had notice of the cause of the aggravation more than 3 years prior to bringing suit. Order of the trial court granting summary judgment in the railroad's favor affirmed on appeal.
Obtained order granting summary judgment in favor of the railroad in a negligent infliction of emotional distress case filed by a woman who witnessed her husb
's injury resulting from an allegedly defective railroad structure. Successfully convinced the court to find that, since the underlying tort with respect to the husb
, a trespasser, was based on the willful or wanton st
ard of care, the wife's cause of action, which was based on the alleged negligence of the railroad, was not actionable.
Obtained order granting summary judgment in favor of the railroad in an equipment failure case brought by an injured employee pursuant to the Federal Employers Liability Act (FELA). Obtained a ruling in the railroad's favor
overcame the high bar of the FELA's relaxed st
ard of causation, which allows cases to reach the jury even when involving the most tenuous causal link between the actions of the railroad
the employee's injuries.
Precluded plaintiff's expert from testifying in a cumulative trauma case on the grounds that the methodology employed by the expert in diagnosing the cause of injury was unreliable under the Daubert st
ards governing admission of expert opinion testimony in federal courts. Faced with the prospect of proceeding without an expert to support his claims, the ruling forced plaintiff to settle the case for a minimal amount.
Commercial Property Practice: H
led numerous matters in state
federal court at the pre-trial, arbitration, trial
appellate levels on a wide range of liability claims, including those listed below.
Represented heavy industry commercial property owner sued for the drowning death of a minor who used client's property to access its artificially constructed connection to the Delaware River. Case involved intense research
application of the complex interrelationship between various bodies of law governing riparian rights, the Pennsylvania Recreational Use of L
& Water Act, the rescue doctrine
duties owed to trespassing minors. Case settled after extensive discovery
consultation with expert witnesses.
Obtained order dismissing case against heavy industry commercial property owner in which the plaintiff, a business invitee on client's property, was killed as result of falling from moving heavy machinery.
Orchestrated dismissal of action against heavy industry commercial property owner sued by a man who was seriously injured as a result of falling from an allegedly defective bridge/overpass on client's property.
Represented heavy industry commercial property owner in a case involving a plaintiff who sustained a double amputation of the legs as a result of coming into contact with heavy machinery. After extensive discovery
investigation was conducted, plaintiff was forced to settle for a negligible amount which was inconsistent with the serious
permanent injuries sustained.
Obtained order dismissing defamation suit against restaurant franchisee in which the plaintiff alleged that the restaurant employees accused plaintiff of attempted robbery
terroristic threats.
