John Edward Fagan

Practice Details

• Firm Information
  Position

  Partner

  Firm Name

  Duane Morris LLP
• Representative Cases & Transactions
  Cases

  Representative Matters
  Alpine Meadows Avalanche Trial: Successfully defended ski area in wrongful death actions arising out of a catastrophic avalanche at ski resort that left seven people dead. Plaintiffs alleged the resort was negligent in its avalanche hazard forecasting
  control efforts. Trial lasted 4.5 months. Defense verdict after 12 days of jury deliberations. Brown v. Bieffe Helmets, s.r.l: Successfully defended Italian motorcycle helmet manufacturer in wrongful death action arising out of a fatal motorcycle accident in Sacramento County, California. Plaintiff alleged the helmet decedent was wearing was defectively designed
  manufactured. Trial lasted three months. Defense verdict after 15 minutes of deliberations. Quinlin v. Bieffe Helmets, s.r.l: Successfully defended Italian motorcycle helmet manufacturer in personal injury action arising out of a motorcycle accident in Yolo County, California. Plaintiff suffered severe brain injury in the incident. Plaintiff alleged the helmet buckle failed
  helmet ejected during incident. Trial lasted three weeks. Defense verdict after one-half day of deliberations. National Marine Manufacturers Assn., et al., v. Tahoe Regional Planning Authority: Successfully negotiated a settlement on behalf of recreational boating industry to phase in an ordinance banning two stroke engines on Lake Tahoe. Bicycle Distributors
  Wholesalers Assn.: Assisted in drafting model bicycle owner's manual for most major bicycle distributors in North America. Willig v. Mammoth Mountain Ski Area: Successfully defended ski area in personal injury action arising out of a snowboarding accident which left plaintiff paralyzed. Plaintiff alleged ski area was negligent in operating the ski resort
  that it had committed willful misconduct in allowing an erosion control device to be left on the hill in a dilapidated state
  that the device caused his fall
  injuries. Trial lasted five weeks. Defense verdict after three days of deliberations. Numerous summary judgments which have been appealed have resulted in published case law which has helped establish
  revitalize the doctrines of primary
  express assumption of risk in California. Filedamicus curiaebriefs in California Supreme Court which also have helped better define the doctrine of primary assumption of risk in recreational injury cases.