Sacchetta & Baldino Attorneys are proven litigators and skilled negotiators, the firm’s attorneys have achieved many multi-million dollar verdicts and settlements for their clients. Their results are ranked among the state’s top 50 verdicts year after year.*
Jury Verdict $12 million - Brain Injury - Philadelphia County Court of Common Pleas
A Philadelphia jury awarded a woman more than $12 million after her car was hit from behind by a stolen vehicle, pushing her into oncoming traffic where she was then hit by a work van coming the opposite direction.
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$12 Mil. Accident Verdict for Woman Hit by Stolen Car
×Gina Passarella, The Legal Intelligencer
March 4, 2011
Just how much of that $12.1 million Sheri Mee will see is unclear considering that, of the three defendants, one settled for $100,000, another settled for an undisclosed amount and the driver of the stolen vehicle most likely won’t be able to pay the judgment, according to an attorney in the case.
In Mee v. Fabrizio , Mee sued the driver of the stolen vehicle, Michael Fabrizio Jr.; the company that owned the work van, Johnson Controls Inc.; and the owner of the stolen vehicle, Thomas Fitzpatrick, because he left his car unlocked and running with the keys in the ignition, according to court documents and Mee’s attorney, Thomas F. Sacchetta of Sacchetta & Baldino in Media, Pa.
Mee settled prior to trial with car owner Fitzpatrick for his motor vehicle insurance policy limits of $100,000 through Hartford Financial Services Group, according to a joint tortfeasor release.
Johnson Controls Inc., which was sued along with its driver Richard Evans and JCI Building Efficiency, settled during the trial, according to the trial worksheet. Sacchetta said he couldn’t disclose the amount of the settlement, but said it was enough to make his client happy despite the fact that it took out the possibility of the company being held jointly and severally liable for a jury verdict against Fabrizio, who Sacchetta said was unlikely to be able to pay out the damages.
Judge Esther R. Sylvester entered a directed verdict against Fabrizio on the issues of negligence and factual cause of injury. On Feb. 24, the jury came back with a verdict on damages against Fabrizio in the amount of $12,103,322.
The biggest portion of that verdict, or $3.49 million, was for future medical expenses. The jury also awarded $1.75 million each for future pain and suffering, embarrassment and humiliation, enjoyment of life and disfigurement. It awarded Mee $1 million in punitive damages. The jurors awarded Mee $400,310 for future lost earnings and $48,000 for past lost earnings. They awarded her more than $66,000 in medical expenses, according to the verdict sheet.
The accident occurred Sept. 12, 2008 in Delaware County, Pa. Mee was driving her Honda Civic southbound on Bishop Avenue on her way to work. Fabrizio had stolen Fitzpatrick’s Ford Taurus from his house in Drexel Hill and was also driving it southbound on Bishop Avenue, according to a pretrial memorandum in the case.
Evans was driving a 2006 Chevrolet Express van in the northbound lane while working for Johnson Controls. Mee had stopped to make a left turn when she was struck from behind by Fabrizio, who fled the scene with a passenger in the Taurus, according to court documents.
Mee was pushed across the median into the northbound lane when she was struck broadside on the passenger side of her vehicle by the van driven by Evans. Mee was extracted from the vehicle and taken to Crozer-Chester Medical Center’s trauma unit. She was later transferred to a rehabilitation center where she remained until Oct. 8, 2008, according to court papers.
An “event data recorder” recovered from the Johnson Controls van showed Evans was driving 48 miles per hour in a 35-mile-per-hour speed zone at the time of the accident. Evans also testified he was on his cell phone at the time of the accident, according to court documents.
Mee, now 38, suffered a broken clavicle, sternum and femur along with three broken vertebrae. She has a rod in her femur and her legs are now different lengths, causing her to limp and need a cane. Mee also suffered brain injuries and has not been able to return to work or independently care for her autistic son or her war veteran father who is blind from a landmine accident, Sacchetta said. She has two children. Aside from physical issues, Mee also has memory and cognition problems, according to her pretrial memorandum.
The demand going into trial was $10 million, according to the memorandum. Johnson Controls said in its pretrial memorandum that the demand against it was $5 million and no offer had been made at that time.The company said in the memorandum that Mee’s car was pushed in front of Evans who “unavoidably struck” it.
“There was nothing Evans could have done about it,” Johnson Controls said in its memorandum filed by attorney Aaron Byrd-Leitner of Margolis Edelstein.
“Any jury — in Philadelphia or otherwise — will understand the dynamics of this accident and will know who is obviously at fault,” Johnson Controls said in the memorandum. “Any games that plaintiff’s attorney intends to play with trying to attach ‘1 percent’ of liability on the part of defendants JCI and Evans is farfetched, obfuscates the truth and borders on an abuse of process when considering that the clear and obvious documented cause of this accident was the negligent and criminal conduct of defendants Fabrizio and [passenger Steven] McCall.”
McCall was dismissed from the case before trial. Fabrizio was not at the trial and did not file any responses, Sacchetta said.
Sacchetta said joint and several liability was key to getting a strong resolution for his client in this case.
“We had no doubt that we thought we could get 1 percent,” he said. “That’s why the joint and several, I think, is so critical here.”
Two of the three defendants were trying to avoid any responsibility, Sacchetta said, and his client just wanted them to pay their fair share.
“That was a line they were trying to tote that there was no way their client had any responsibility, but I think the joint and several in this particular case was appropriate and that’s why the case ended up in a good resolution for everybody,” Sacchetta said.
Sacchetta tried the case along with Bruce H. MacKnight Jr., an attorney with Sacchetta’s firm. Sacchetta said Johnson Controls was at trial until the two sides reached a settlement, but said the jury didn’t know a settlement was reached.
The case started out with 12 jurors, but after one didn’t return, the parties agreed to proceed with 11, he said.
In talking with the jurors after the trial, Sacchetta said it was clear they were concerned with the single mother’s ability to care for her son and father. They deliberated for five hours over the course of two days, he said.
Michael Martin Cohen of Bala Cynwyd, Pa., testified for Mee as a neurological expert. David L. Hopkins of King of Prussia, Pa., offered expert testimony on economics and Lorraine E. Buchanan of Independent Allied Health Consultants in Blue Bell, Pa., testified to Mee’s life care plan. Neuropsychologist David J. Massari of Clinical Neuropsychology Association in Philadelphia and physical medicine doctor William C. Murphy of Smart Rehabilitation in Media, also testified on Mee’s behalf.
Johnson Controls’ attorney Byrd-Leitner declined to comment.
Reprinted with permission from the “ISSUE DATE” edition of the “PUBLICATION.” © “2011”
ALM Properties, LLC. All rights reserved. Further duplication without permission is prohibited.
Jury verdict $7.6 million - Motor Vehicle Accident - Delaware County Court of Common Pleas
A Delaware County jury awarded a severely injured man and his wife $7.6 million for injuries he suffered after a car accident in Chadds Ford.
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Delco Jury Awards $7.6 Mil. In Car Accident Suit Liability Findings Limit Victim’s Take to $100K
×Gina Passarella, The Legal Intelligencer
June 28, 2007
While the award is one of the highest out of Delaware County in recent years, plaintiff Bernard Radecki will only see $100,000 of that award due to findings of liability, according to his attorney, Thomas F. Sacchetta of Sacchetta & Baldino in Media.
Radecki, 61 years old at the time, was driving west down Route 1/Baltimore Pike in October 1999 when Vincent J. Mow – who was driving east on the road – lost control of his vehicle from hydroplaning and ran into Radecki’s car, according to court documents.
Radecki was seriously injured by all accounts, breaking both of his legs and both arms and sustaining internal injuries. He had, according to court documents, at least six surgeries to be able to walk again and go on with normal activities.
About eight months after the surgery, Radecki attempted to go back to his job as a vice president of an energy-related company, but Sacchetta said he was only able to work for a year and a half before having to stop.
Mow’s attorney, George Dale of Kent & McBride in Philadelphia, said his client settled in 2003 for his policy’s limit of $100,000 under a joint tortfeasor release. He did not participate in trial other than to read that release into the record before the jury was selected, Dale said.
“We knew it was a bad case and Mr. Radecki was a really, really nice man,” Dale said.
After that, Sacchetta’s case focused on design and maintenance liability on behalf of the Pennsylvania Department of Transportation.
“I expected a verdict against Mow, so I was trying to put some responsibility on PennDOT,” Sacchetta said.
He argued that the design and maintenance of the roadway allowed drains to clog and water to accumulate on the road. That, Sacchetta said, was what caused Mow to hydroplane and lose control of his car. He said he had also argued that Mow was driving too fast for conditions.
PennDOT, through Deputy Attorney General Allan Ells, argued that there was nothing improper about the design of the road. The department said the road was sloped in an appropriate way to allow for water to flow off, and it said there was no evidence of any maintenance problems that would have caused the drains to clog, according to court documents.
If PennDOT were found liable, any damages against it would have been limited to a statutory cap of $250,000, Sacchetta said.
There are reservations for attorneys thinking about taking these types of cases, he said, adding that there was no incentive for PennDOT to settle because its exposure was already limited. There were no offers from PennDOT prior to trial, Sacchetta said.
The trial was held before Delaware County Common Pleas Judge Charles B. Burr II from June 18 through June 21.
The eight-member jury deliberated on Thursday, June 21, for about two and a half hours, Sacchetta said. The jury found that Mow was 100 percent liable and did not find any negligence on the part of PennDOT. Radecki was awarded $6.6 million in compensable damages and his wife, Frances, was awarded $1 million for loss of consortium, according to court documents.
While Sacchetta said he wasn’t surprised that the jury awarded over $7.6 million, he said he was happy to see such a high amount, given that Delaware County is often looked at as “fairly conservative.”
“My client made a tremendous witness,” he said.
Sacchetta said he would probably file post-trial motions regarding PennDOT’s responsibility in the case.
Kevin Harley, a spokesman for the Attorney General’s Office, said the office was pleased with the verdict and that there was no negligence attributed to PennDOT.
Expert witnesses for the plaintiffs were engineer Joseph A. Thompson Jr. and orthopedic surgeon Charles D. Hummer, Sacchetta said. PennDOT used engineer Joseph P. Tarris as an expert witness, he said.
Reprinted with permission from the “ISSUE DATE” edition of the “PUBLICATION.” © “2007”
ALM Properties, LLC. All rights reserved. Further duplication without permission is prohibited.
$6.6 Million Verdict - Premises Liability - Philadelphia County Court of Common Pleas
Jury verdict $6.6 million. The Philadelphia jury returned a verdict which included $2.2 million in damages for the injured party’s husband on a claim of lost consortium. Our client had suffered cervical spine injuries as a result of a slip and fall on ice in the parking lot of a fast food restaurant. Claims were asserted against the owners of the restaurant, as well as the restaurant’s snow plowing company, which had failed to attend to the parking lot in a timely fashion.
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Contractor Found Liable For Woman's Drive-Thru Lane Fall
×Stephanie Zielinski, of the Law Weekly
Feb. 19, 2009
Catherine Bannon, 38, and her husband, Charles, were passing through the drive-thru at a Clifton Heights, Pa., fast food restaurant March 18, 2007, when their car became stuck in ice.
According to the plaintiff's settlement memorandum, "Catherine Bannon exited the car to walk around to the driver's side so she could take the wheel while her husband pushed the car."
In the process, Catherine Bannon slipped and fell, "sustaining serious injury."
KFC U.S. Properties Inc. and improperly named defendants YUM! Brands Inc., Taco Bell and KFC admitted liability in this action, according to the defendant's settlement memorandum.
However the memorandum states in their defense, Dan's Car Care Center, owned by defendant Dan Robinson, was responsible for plowing the parking lot of the KFC Restaurant, including the drive-thru lane.
Furthermore, the defendants argued Catherine Bannon had pre-existing back injuries, according to their memo. The defense's settlement memo notes Catherine Bannon waited six months before beginning treatment for her injuries after being seen in the ER on the day of the slip and fall.
Prior to jury selection, a confidential settlement was reached between the plaintiff and defendant KFC U.S. Properties said plaintiffs' attorney Gerald Baldino. This settlement, however, did not include defendants Dan Robinson and Dan's Car Care Center.
"Despite being served with the complaint, a ten-day notice, default judgment and a letter from the Court one week prior to trial instructing them to appear for jury selection, no representative appeared at trial," Baldino said in a statement.
Among the injuries Catherine Bannon sustained as a result of the incident, "the primary injury claimed at the time of trial was to plaintiff's neck," Baldino said. "She sustained two protruding discs with torn annulus at two levels."
In their settlement memorandum, the defense argued that Catherine Bannon's pain stemmed from a prior injury.
A Sept. 6, 2007, MRI of plaintiff's lumbar spine "revealed multi-level degenerative disc disease" according to the defendants' memo in defense to plaintiffs' request for damages.
MRI results sent by John F. Hiehle to Dr. Richard Levenberg on Sept. 6, 2005, describe Catherine Bannon's clinical history of "lower back pain with numbness and tingling in the left leg." The report commented that there was minimal disc bulge at T11-12 and small disc protrusion at L4-5 and L5-S1.
The defense memo also stated that the plaintiff claimed "post concussion syndrome as a result of the KFC fall." However, "at the ER on the day of the incident," the defense noted, "Bannon denied having suffered any head trauma."
Baldino's memo argued "pre-existing injury" claims by the defendant saying, "While [Plaintiff] suffered exacerbation of pre-existing low back condition (herniated discs), that low back injury was not the focus of plaintiff's claim."
Instead the memo listed "neck injuries" as the main factor contributing to Bannon's inability to return to work full time as a medical transcriptionist for Medquist Transcription in New Jersey.
Of the $6.6 million awarded to plaintiffs, $4.4 million was awarded in favor of Catherine Bannon against defendant Dan Robinson and Dan's Car Care Center and $2.2 million was awarded to Charles Bannon. In addition, the defendants, Dan Robinson and Dan's Car Care Center, were required to pay delay damages totaling $19,212.33.
Defense counsel did not return calls for comment.
$5.4 Million Settlement - Bicycle Accident - Philadelphia County Court of Common Pleas
Partner Tom Sacchetta secured a 5.4 million dollar verdict on behalf of a bicyclist who suffered traumatic brain injury as a result of a bicycle accident. Through thorough investigation, it was determined the roadway on which the bicyclist was riding, was defective in that there was a deviation in the road surface resulting from previous roadway repair. The defect in the roadway was in the precise area where a bicyclist would be legally operating his or her bicycle. Not only were we able to develop a strong argument of negligence against the Pennsylvania Department of Transportation, but with the use of experts in the field of neurology, neuropsychology, life care planning and vocational evaluation, Tom was able to demonstrate the tremendous economic and non-economic impact that this injury had upon our client and his family.
Ultimately, following a lengthy trial, the jury returned a verdict in the amount of 5.4 million dollars, finding that PennDOT had been negligent in their inspection and maintenance of the roadway. At no time, did the defendants make any offer of settlement in the case.
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Delco Jury Awards $5.4M to Brain-Damaged Cyclist
×Max Mitchell
According to the plaintiffs’ attorney, Thomas F. Sacchetta of Sacchetta and Baldino, after four days of trial and two hours of deliberations, the jury in Carletti v. Commonwealth of Pennsylvania awarded $5.46 million to David Carletti and his wife, Brenda Carletti, over claims that the patch of road where he fell was dangerous. The award included nearly $2.5 million in medical expenses and lost wages, as well as $2 million in pain and suffering to David Carletti and $1 million for Brenda Carletti’s loss of consortium claim.
The state government was the only defendant at trial. Although state law caps recovery for civil damages against state agencies at $250,000, Sacchetta said the total recovery from Pennsylvania will be $500,000 since both of the Carlettis will recover the maximum $250,000 for their claims.
“Delaware County is considered a very conservative county, but I still find, especially since I’m a local Delaware County attorney, that with the right case Delaware County juries will still give significant verdicts,” Sacchetta said.
According to David Carletti’s pretrial motion, the fall occurred in May 2012, when he was riding his bike on West Sproul Road in Springfield Township. The memo said Carletti hit a patch in the road, which he argued constituted a danger defect that ejected him from his bike. He landed on his head, the memo said.
Carletti, who was in his late 50s at the time of the accident, sued both Pennsylvania and the manufacturer of the bike helmet he was wearing, but, according to Sacchetta, that defendant settled confidentially. The claims against the state included negligent design and failure to maintain the road.
According to the pretrial memo, the fall caused a subarachnoid hemorrhage that damaged his brain and led to post-traumatic seizure disorder. He also suffered broken ribs, and a broken vertebra. Emergency personnel were immediately called to the scene, and he was taken to Crozer Regional Trauma Center, where he stayed for three weeks.
Carletti received outpatient therapy, but has since been hospitalized several times with seizure-related injuries, the memo said.
Pennsylvania disputed that any defect in the road caused Carletti’s crash. In its pretrial memo, which was filed by Senior Deputy Attorney General Jane H. Fisher, it said that two independent witnesses traveling in the opposite direction at the time of Carletti’s fall did not know what defect Carletti would have come into contact with.
According to Sacchetta, his accident reconstruction expert, Shawn Gyorke, was integral in overcoming that defense.
“[Carletti] had brain damage. He doesn’t remember anything, but the accident reconstruction expert was very compelling,” Sacchetta said, noting that one of the jurors told him Gyorke was his most compelling witness in the case. “We were obviously thankful the jurors saw the case the way we did.”
The judge who presided over the trial was Delaware County Court of Common Pleas Judge Charles Burr.
The press office for the state attorney general did not return a request for comment Thursday afternoon.
$4.2 million settlement - Product Defect - Philadelphia County Court of Common Pleas
$4.2 million settlement in a product defect claim against a major international household product manufacturer on behalf of the estate of a 65-year-old woman and her surviving twin sister. Our client suffered burn injuries as a result of a negligent design of a household cleaning product. $200,000.00 of the settlement proceeds were earmarked for charitable donations in the name of the deceased. In addition to the monetary recovery, in light of the product defect claim brought by our office, the product manufacturer agreed in writing to review and change the product’s packaging and its chemical makeup.
$3.5 million settlement - Construction Accident - Philadelphia County Court of Common Pleas
$3.5 million settlement with an international electronic component manufacturer. The plaintiff suffered significant facial injuries as a result of an explosion which occurred due to a negligently-designed high voltage coupling mechanism. Through extensive investigation and consultation with multidisciplinary experts, our attorneys were able to establish that the product was defectively designed and that viable, safer alternative designs existed.
$3.3 Million Arbitration Award - Motor Vehicle Accident - Chester County, PA Court of Common Pleas
Partner Jerry Baldino secured a $3.3 million arbitration award in a motor vehicle collision case that was removed from the trial list and submitted to private binding arbitration. Our client, a young aspiring accountant, suffered a neck injury as a result of a rear end motor vehicle collision. The injury led to spinal surgery and resulted in our client suffering total disability from work.
Jury verdict $3.25 million - Medical Malpractice - Philadelphia County Court of Common Pleas
Jury verdict $3.125 million in a medical malpractice case against a hospital and emergency room physician for failure to diagnose and adequately treat a fractured pelvis, resulting in otherwise avoidable surgery, permanent limitation and lost earning capacity.
$3.2 Million Settlement - Sexual Assault & Abuse - United States District Court, Eastern District of Pennsylvania
After contentious litigation, partner Jerry Baldino was able to negotiate a settlement on behalf of a minor who suffered sexual abuse while at a private educational institution. Through extensive discovery it was determined that the facility had in place inadequate policies to protect those in their charge from sexual predators.
$3.2 million settlement - Motor Vehicle Accident - Delaware County Court of Common Pleas
$3.2 million settlement in a claim resulting from a chain-collision automobile accident. The injured driver had what initially appeared to be mild low back and neck injuries. When symptoms persisted, neck surgery was recommended. Following the surgery, the injured driver became a quadriplegic.
$3 Million Settlement - Forklift Accidents - Philadelphia County Court of Common Pleas
Gerald Baldino Jr. of Media, PA’s Sacchetta & Baldino represented Gaulberto “Tito” Rivas-Reyes after he suffered complete fractures of multiple bones in his leg as a result of a forklift collision. The settlement was reached the day prior to jury selection in the Philadelphia Court of Common Pleas.
Tito’s accident involved two forklifts in a section of a warehouse operated by Crescent Park Corp. known as the K-Dock area. It was alleged that Crescent Park’s employee failed to follow company policies regarding the operation of his fork lift and further that Crescent had failed to properly demarcate fork lift travel lanes within their facility. Tito was working at the facility as a temporary worker through a staffing service. Another worker, employed by Crescent, was traveling with his forks leading and elevated, in violation of company policies. The forks entered the operator’s compartment of Tito’s lift and struck him below the knee causing his injuries.
The settlement will not only compensate Tito for his past and future pain and suffering, it will also fill the gap suffered as a result of his inability to return to full duty employment. With this settlement, Tito will be able to continue supporting his fiance and their 4-year old son.
$2.8 million settlement - Brain Injury - Philadelphia County Court of Common Pleas
Partner Tom Sacchetta recently won a $2.8 million settlement on behalf of a young girl who suffered a traumatic brain injury as a result of a fall at a camp. Settlement was negotiated after a long, contentious litigation following the depositions of numerous defendant representatives.
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Girl Scout Secures $2.8M Settlement After Fall From Rock
×Max Mitchell, The Legal Intelligencer
July 21, 2016
According to attorney Thomas F. Sacchetta, the parents of Ashley Bagosy settled their claims with Camp Archbald for $2.8 million. The settlement was made following jury selection Jan. 9. The case, Bagosy v. Camp Archbald, had been filed in the Philadelphia Court of Common Pleas.
“It was an unfortunate situation for Ashley, who was a minor, and we’re pleased we were able to have her get a substantial amount to sustain her for the future,” Sacchetta said.
According to a pretrial memo filed by Stephen and Marsha Bagosy, who are Ashley Bagosy’s parents, on April 21, 2012, their daughter was a member of a Girl Scouts troop on a trip to Camp Archbald in Kingsley, Pa. She was on the trip with several other girls, and several adults were tasked with supervising the children, the pretrial memo said.
According to the memo, Ashley Bagosy, who was 11 years old at the time, and several other Girl Scouts went outside their camp unsupervised. During the unsupervised outing, Bagosy allegedly fell off a rock formation and then rolled about 20 feet, according to the plaintiffs’ memo. The plaintiffs further contended that during the fall, Bagosy struck her head, back, neck and extremities.
According to the memo, the girls Bagosy was with brought her back to the cabin, where Bagosy remained for some time. After adults who were supervising the children realized that Bagosy was “disheveled, confused and not responding properly,” she was driven by one of the adults to a hospital, where she was examined and released.
According to the plaintiffs’ pretrial memo, Bagosy sustained a traumatic brain injury in the fall, which led to memory, cognition, speech and behavioral problems.
The plaintiffs alleged in their complaint that the camp was negligent for failing to control the campers, and that it negligently hired, managed and controlled its employees. The plaintiffs additionally alleged in the complaint that the camp failed to have adequate safety protocols in place.
The plaintiffs noted that Bagosy was treated at numerous medical facilities, including the Children’s Hospital of Philadelphia, Nemours/Alfred I. duPont Hospital for Children and Johns Hopkins Medical Center, and contended that Bagosy had been diagnosed with a traumatic brain injury.
Although four organizations related to the Girl Scouts were initially sued, the entities were discontinued from the case in May pursuant to a stipulation that they had no involvement with either the camp or the incident.
The camp, in its pretrial memo, argued that the girls had been assisting with the cleanup of the camp, and that Bagosy had been jumping from one large rock to another when she fell. The camp further argued that the area was not dangerous.
“Camp Archbald is located in the Endless Mountains of northeastern Pennsylvania and is a natural area that contains rocks, trees and changes in elevation,” the camp’s memo said. “There was nothing dangerous or hazardous about the location where the incident occurred.”
The damages that Bagosy sustained, the plaintiffs argued in their memo, were both economic and non-economic, and included medical expenses. The plaintiffs additionally argued that Bagosy’s future earning capacity would be limited due to the fall, and that her injuries may be permanent.
Bagosy, the plaintiffs also contended in their memo, was “high-achieving” before the accident. The plaintiffs also noted that she swam competitively, and had competed in the Junior Olympics.
Max Mitchell can be contacted at 215-557-2354 or mmitchell@alm.com. Follow him on Twitter@MMitchellTLI
Reprinted with permission from the “ISSUE DATE” edition of the “PUBLICATION.” © “2016”
ALM Properties, LLC. All rights reserved. Further duplication without permission is prohibited.
Jury verdict $2.75 million - Product Defect - Philadelphia County Court of Common Pleas
Jury verdict $2.75 million in a claim involving the wrongful deaths of two individuals and serious injuries to a third. Claims were asserted against individual defendants, as well as a national truck manufacturer. In addition to the $2.75 million verdict, claims against the product manufacturer and other defendants resolved prior to trial under a confidential arrangement, which resulted in multi million dollar recoveries for our clients.
Jury verdict $2.6 million - Product Defect - Philadelphia County Court of Common Pleas
Partner Jerry Baldino secured a $2.6 million verdict on behalf of a Pennsylvania State Police Trooper who suffered injuries to his right lower leg as a result of a gunshot. It was filed against the manufacturer of the holster in which the trooper was carrying his issued Glock semi-automatic pistol. It was established that the holster was defectively designed in that it allowed a foreign object to enter the holster and come in contact with the gun’s trigger.
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$2.6M Verdict for Trooper in Defective Gun Holster Case
×Max Mitchell, Law Weekly
October 20, 2016
The jury awarded Pennsylvania State Police Officer Jesse Oleksza the money Oct. 18 after finding that a holster designed and manufactured by Gould & Goodrich Inc. was defective. Philadelphia Court of Common Pleas Judge Daniel J. Anders oversaw the case.
The case was not only a decisive win for the plaintiff, but it is also one of the first wave of products liability cases to hit trial after the state Supreme Court’s seminal decision in Tincher v. Omega Flex, said Sacchetta and Baldino attorney Gerald B. Baldino, who represented Oleksza.
“Post-Tincher, at this point, it’s the Wild, Wild West,” Baldino said. He added that, although there were numerous summary judgment motions and motions in limine regarding uncharted products liability issues, Anders was very “thorough” and open to arguments from all sides to ensure he made the right legal rulings.
Baldino said the number of witnesses who testified for Oleksza, including about ten state troopers, and the factual evidence that was considered was effective in front of the jury.
“In almost all cases, it’s either putting the gun in the holster, or pulling it out of the holster, where the trigger is pulled, but in this case, all the evidence indicated it was in the holster,” he said, adding that gunshot residue and scuffmarks on the holster also provided key factual evidence indicating the gun was in the holster when it fired.
Baldino said the jury was also shown other holsters that provided for more trigger protection,
The jury was asked to decide whether the defect was a cause of harm under the consumer expectations test and the risk utility test, both of which are tests that Tincher recommended be incorporated into products liability cases.
Due to the dispute over whether the holster allowed a foreign object to get into the trigger area, the jury questionnaire also included a set of questions asking whether the gun holster simply malfunctioned. Finding that there was a defect in the holster, the jury did not reach those questions.
According to Oleksza’s pretrial memo, he was returning his police vehicle to the station and was attempting to retrieve his gym bag when the gun, a Glock 37 semiautomatic pistol, went off. The gun had been holstered in a Gould & Goodrich double retention holster on his right hip.
At first Oleksza thought the shotgun in his vehicle, which his gym bag had been attached to, had fired, the memo said. However, according to the memo, a foreign object, likely a key, had lodged itself in the holster and caused the gun to fire. The memo said Oleksza had been holding a set of keys when he tried to retrieve his gym bag, and added that there was also a set of keys attached to his duty bag and another set attached to his duty belt.
The memo said an internal affairs investigation cleared Oleksza of any wrongdoing, and an analysis from the Pennsylvania State Police Bureau of Forensic Services also confirmed that the gun could be discharged by inserting a key into the holster and then applying pressure, the memo said.
In the lawsuit, Oleksza contended that the holster was defective for failing to properly protect the trigger. He sought recovery on negligence, strict liability and breach of implied warranty claims.
The bullet, according to Oleksza’s memo, hit his thigh and lodged in his ankle after it transected the peroneal nerve in his knee. He contended that the injuries led to permanent scarring and numbness in his leg, and also led to hip problems.
Gould & Goodrich, in its pretrial memo, contended that the warnings on the holster included making sure foreign objects stayed out of the holster while the gun was holstered, and, as part of his training, Oleksza had been aware of the need to keep objects out of the holster. The memo also said a state police investigation found no holster defect.
Gould & Goodrich also contended that it was not possible to design a holster that prevents all objects from getting inside, and argued that it was more likely that Oleksza had accidentally pulled the trigger while he was distracted.
Defendant Markl, which had supplied the holster to the state police, contended that it played no role in selection or designing the holster. Markl noted in its pretrial memo that it had a cross claim against Gould & Goodrich for common-law indemnity.
Attorney Mark Merlini of Marks, O’Neill, O’Brien, Doherty & Kelly, which represented Gould & Goodrich, and Todd B. Narvol of Thomas, Thomas & Hafer declined to comment.
$2.5 million settlement - Construction Accident - Philadelphia County Court of Common Pleas
The case of a carpenter who was injured after sustaining an electric shock on the job—and who was also alleged to have developed ALS as a result of the shock—has been settled with property owners and electricians for $2.5 million.
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Case Over Electric Shock to Carpenter Settles for $2.5 Mil.
×P.J. D’Annunzio, The Legal Intelligencer
July 14, 2014
The plaintiff in Gallagher v. Barrett & Williams Electric, a case in the Philadelphia Court of Common Pleas, settled with property owner defendants Keystone Devon Square Associates, B&R Devon Owner and Keystone Property Group as well as with the electrical contracting defendant Barrett & Williams Electric prior to trial.
Brenda A. Gallagher, the widow of Cornelius A. Gallagher, was represented by Thomas F. Sacchetta and Bruce H. MacKnight of Media, Pa.-based Sacchetta & Baldino. She claimed that an electric shock from an unmarked live wire connected to a ceiling on which Cornelius Gallagher was working caused him to fall to the floor below, resulting in severe shoulder injuries. The plaintiff further alleged that Gallagher developed amyotrophic lateral sclerosis (ALS) as a result of the shock.
Sacchetta told The Legal that Gallagher died as a result of ALS before the conclusion of the case.
According to the plaintiff’s pretrial memorandum, on May 28, 2009, Gallagher was working on replacing a ceiling grid in a property owned by Keystone. While doing so, court papers said, Gallagher attempted to remove a 277-volt, metal-encased wire leading to ceiling lights. Gallagher, who allegedly did not know the wire was energized, sustained an electric shock and fell three feet, landing on the concrete floor and an empty tool bucket.
Shortly after the shoulder injury occurred, Sacchetta said, Gallagher began to have issues with his speech.
Sacchetta said, “Over the next several months he gets concerned, he seeks out his family doctor, goes to a neurologist, and found out he had ALS.”
Sacchetta added he argued that the electrical current caused Gallagher’s ALS or exacerbated a predisposition toward the disease.
“Our expert had indicated that the literature supports that [electric shock] … could be a precipitating event to some neurological disease, like ALS,” Sacchetta said.
The attorney for Keystone, Glenn M. Campbell of Blue Bell, Pa.-based William J. Ferren & Associates, declined to comment. Barrett & Williams was represented by Warren E. Voter of Sweeney & Sheehan in Philadelphia, who did not return a call seeking comment.
According to the property owners’ pretrial memorandum, “At no point in his deposition did Mr. Gallagher testify that he believed that the owners or property manager for the site had a responsibility to make the work area safe, whether with regard to electricity or otherwise.”
Reprinted with permission from the “ISSUE DATE” edition of the “PUBLICATION.” © “2014”
ALM Properties, LLC. All rights reserved. Further duplication without permission is prohibited.
$2.1 million settlement - Brain Injury - Philadelphia County Court of Common Pleas
$2.1 million settlement in favor of a 32-year-old woman who suffered significant brain damage as a result of a motor vehicle accident. Through accident reconstruction, we were able to establish that the driver of the striking vehicle had been traveling in excess of the speed limit. Our client was a passenger in the other vehicle. Both drivers contributed to the settlement.
Jury Verdict $2 million - Premises Liability - Philadelphia County Court of Common Pleas
Jury verdict $2 million in a case where a minor climbed a utility pole owned and controlled by Norfolk Southern Railroad Company, and touched a live electrical wire, resulting in electric shock and causing permanent scarring.
$2 million settlement - Nursing Home Abuse - Montgomery County, PA
$2 million settlement on behalf of an autistic man who suffered physical abuse at the hands of his caretakers in a residential facility.
Jury verdict $2 million - Construction Accident - Philadelphia County Court of Common Pleas
Jury verdict $2 million in a case involving injuries resulting from a construction site accident. The plaintiff was a laborer on a construction site who suffered serious injuries when he fell from a third-story window while disposing of construction debris. We were able to establish that the general contractor and other responsible parties failed to comply with OSHA regulations regarding fall precautions.
$1.9 million settlement - Dog Bite/Attack - Philadelphia County Court of Common Pleas
A woman who suffered arm injuries after being attacked by a Rottweiler in Chester County settled for a combined $1.9 million between the dog owner and the distributor of a tether cord the dog allegedly broke free from right before the attack.
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$1.9 Mil. Product Defect Settlement for Woman Attacked bay a Rottweiler
×Gina Passarella, The Legal Intelligencer
March 12, 2010
The case Schickram v. Boss Pet Products was in the middle of jury selection in Philadelphia Common Pleas Court March 5 when plaintiffs Evelyn and Larry Schickram settled with Boss Pet Products for $1.6 million. The Schickrams had previously settled with the dog owner, Pamela Leader, for $300,000 — the policy limits of her homeowners’ insurance, according to court papers and the plaintiffs’ attorney, Thomas F. Sacchetta of Sacchetta & Baldino in Media, Pa.
Evelyn and Larry Schickram were driving to a home inspection prior to the purchase of a house on Chestnut Grove Road in Chester County in June 2006. When Evelyn got out of the car, a 118-pound Rottweiler that had allegedly broken free from a dog tie-out cable in the next-door neighbor’s yard attacked her.
According to the Schickrams’ pre-trial memorandum, the attack was so severe “flesh was torn from her body and strewn throughout the area.” Schickram was taken from the scene by a medevac helicopter to a local trauma center.
Ultimately, she made a strong recovery, suffering scarring on her left arm and some chronic pain after surgery in her right arm. She is expected to have continued pain and both sides’ medical experts agreed she reached her maximum expected recovery. She was able to return to her job as an information technology manager, but could no longer lift heavy objects, Sacchetta said.
After settling with the homeowner, who had immediately after the attack turned the dog over to be put down, Schickram sued the tether cord distributor Boss Pet Products, seller PetSmart and the China-based manufacturer Shanghai Kington Trading Co. Sacchetta said PetSmart had an indemnification agreement with Boss so they shared representation — Walter H. “Pete” Swayze III and Brian W. Franklin of Segal McCambridge Singer & Mahoney.
The plaintiffs had argued prior to settlement that there was a design defect with the tether cord in that the plastic covering along the cable stopped an inch before the clasp, allowing for water and the elements to corrode the cable, Sacchetta said. Sometimes that could be seen by the owner and other times not, he said.
In Schickram , Sacchetta said the dog owner had the tether cord for less than a year and it was sold for dogs up to 250 pounds. The plaintiffs argued the cord should have been made out of stainless steel, rather than galvanized steel, because it wouldn’t have corroded. They also argued the cable should have been covered up to the snap, he said.
The defense argued stainless steel allows for notching, which also could have caused the cable to break. The defendants also looked to put the blame on the dog owner. According to their pretrial memorandum, Boss Pet and PetSmart argued that upon purchase Leader tied the cord around a tree and left it there for a year to be exposed to the elements. They said the cable was visibly worn and rusted in various locations and Leader should have stopped using it, according to the court papers.
The defense also argued the product came with adequate warnings that the cord wasn’t meant for use with “‘mean or vicious dogs'” and that not all pets can be effectively tethered. The defense also raised the argument that the dog may not have been tethered at all at the time of the incident because Leader had two other dogs she admittedly let roam free and who were out at the time of the incident, according to court documents. Sacchetta said he thought he had a pretty strong case going into trial even if the defendants were looking to put the blame on Leader because, under strict liability rules, alleged negligence of an owner doesn’t negate a design defect.
Sacchetta said he and his client were pleased with the settlement. They were seeking around $2 million going into trial and the offer at that point was about $900,000, he said. Sacchetta admitted he would have had some trouble showing loss of future income at trial but was going to present it in case Schickram lost her job and had trouble finding another because of her remaining limitations. He said she is lucky to have an understanding employer.
Defense attorney Swayze didn’t return a call for comment by press time. •
Reprinted with permission from the “ISSUE DATE” edition of the “PUBLICATION.” © “2010”
ALM Properties, LLC. All rights reserved. Further duplication without permission is prohibited.
Jury Verdict $1.6 million - Motor Vehicle Accident - Philadelphia County Court of Common Pleas
An elderly woman injured when her vehicle was hit from behind by a U-Haul truck was awarded $1.56 million after a one-day bench trial in Philadelphia before Judge Ellen Ceisler.
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Passenger Injured In Truck Crash Receives $1.6M in Bench Trial
×Lizzy McLellan, The Legal Intelligencer
July 21, 2016
On Sept. 30, 2012, Lillian Parola was a rear passenger in a car on Easton Road in Warrington, near the intersection of Titus Avenue, when a vehicle driven by Steven Inlander collided with the rear of her stopped vehicle, according to the plaintiff’s pretrial memorandum. Inlander was operating a vehicle rented that day by his mother, Jill Inlander, the defense pretrial memo said.
The plaintiff’s memo said Parola suffered “life-altering injuries.” She was cut from the vehicle with the jaws of life and taken to Abington Memorial Hospital, where she remained over a month.
Parola sustained fractures to her jaw, ribs, right femoral neck and pelvis, as well as a C7 spinal fracture, left hip dislocation and lung contusion with right hemothorax, the memo said. She has required a permanent caretaker since the crash, walks with a walker, and has memory issues, in addition to constant pain, the memo said.
The memo said Parola has incurred more than $810,000 in medical expenses and has ongoing home care costs of $147 per day.
Steven Inlander’s insurance carrier tendered the $50,000 policy limit, and U-Haul tendered its $15,000 policy limit pertaining to Inlander. Jill Inlander’s carrier denied that its policy applied. Parola demanded $5 million, the memos said.
The judgment entered June 20 included $1 million for noneconomic damages, $348,000 for past medical expenses and $214,620 for future medical expenses.
Plaintiffs counsel Thomas F. Sacchetta said the verdict was a fair number. Defense counsel John A. Livingood Jr. did not return a call for comment.
Steven Inlander’s insurance carrier tendered the $50,000 policy limit, and U-Haul tendered its $15,000 policy limit pertaining to Inlander. Jill Inlander’s carrier denied that its policy applied. Parola demanded $5 million, the memos said.
The judgment entered June 20 included $1 million for noneconomic damages, $348,000 for past medical expenses and $214,620 for future medical expenses.
Plaintiffs counsel Thomas F. Sacchetta said the verdict was a fair number. Defense counsel John A. Livingood Jr. did not return a call for comment.
Reprinted with permission from the “ISSUE DATE” edition of the “PUBLICATION.” © “2016”
ALM Properties, LLC. All rights reserved. Further duplication without permission is prohibited.
Jury verdict $4.1 million, including $1.4 million punitive damage award - Elder Abuse - Philadelphia County Court of Common Pleas
Jury verdict $4.1 million, including $1.4 million punitive damage award on a claim of intentional infliction of emotional distress, battery, conversion, breach of fiduciary duty, and breach of confidential relationship.
$1.4 million settlement - Motor Vehicle Accident - Philadelphia County Court of Common Pleas
$1.4 million settlement in favor of the estate of a 19-year-old man killed in a motor vehicle accident. In additions to claims against the drivers of the vehicles, claim was made against the City of Philadelphia for negligent highway design and maintenance.
$1.4 million settlement - Medical Malpractice - Philadelphia County Court of Common Pleas
$1.4 million settlement of a medical malpractice claim against a hospital and surgeon. It was alleged that the surgeon, a hospital employee, negligently performed abdominal surgery, resulting in damage to the bowel of a young woman.
$1.35 Million Settlement - Medical Malpractice - Berks County, PA Court of Common Pleas
Partner Jerry Baldino secured a sizable settlement in a hard-fought malpractice case in Berks County. It was alleged that our client’s CAT scan was misread resulting in a failure to identify an infectious process near the spine. As a result, he suffered damage to the structure of the spine and paralysis.
$1,250,000 Settlement - Medical Malpractice - Lehigh County, PA
$1,250,000.00 settlement in a medical malpractice case involving negligent administration of radiation treatment. Plaintiff suffered significant radiation burns as a result of a calculation error in the administration of cancer treatment.
Jury verdict $1.25 million - Medical Malpractice - Delaware County Court of Common Pleas
$1.25 million settlement of a medical malpractice claim asserted against an Otorhinolaryngologist (ear, nose and throat doctor) for failure to diagnose an oral cancer. The failure to diagnose resulted in extensive surgery and removal of a portion of the patient’s jaw.
$1.25 Million Settlement - Premises Liability - Lehigh County, PA
Partner Tom Sacchetta along with associate Tyler Sacchetta won a significant settlement against a negligent property commercial owner who failed to remove snow and ice from the public sidewalk in front of their business.
$1.25 Million Settlement - Brain Injury - Delaware County Court of Common Pleas
Partner Tom Sacchetta negotiated a significant settlement against a tavern owner for violation Pennsylvania Liquor Code by serving a visibly intoxicated patron. The patron then left the bar and drove in a drunken state causing a horrific collision in which our client suffering a mild traumatic brain injury.
$1.2 million settlement - Medical Malpractice - Delaware County Court of Common Pleas
$1.2 million settlement of a medical malpractice claim asserted against a bariatric surgeon for failure to timely diagnose and treat a post-surgical leak which resulted in the patient’s death.
Jury Verdict $1.125 Million - Medical Malpractice - Delaware County Court of Common Pleas
Partner Jerry Baldino secured a $1.125 million verdict on behalf of a woman who had an extra bone removed during a foot surgery.
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Delco Jury Awards $1.125M Over Med Mal Claims
×Max Mitchell, Law Weekly
August 31, 2017
The verdict in Kline v. Hawley was handed up Aug. 25 after a week of trial before Delaware Court of Common Pleas Judge Michael Green. The jury had deliberated for 70 minutes before determining that the defendant doctor had been negligent and failed to obtain plaintiff Elena Benedetti Kline’s informed consent before the procedure.
The jury awarded Kline $562,500 in pain and suffering, $112,500 in embarrassment and humiliation, $325,000 in loss of enjoyment of life and $125,000 in disfigurement.
Gerald Baldino of Sacchetta and Baldino, who represented Kline, said testimony from the defendant doctor who performed the surgery was a turning point at trial.
“When trying to explain some contradictions from his in-court statement and his deposition, he blurted out that he didn’t think he would have to testify because he thought it would get settled,” Baldino said, noting that the defendant quickly added he did not think he had done anything wrong. “He was not his own best witness, and he made a lot of concessions.”
According to the plaintiff’s pretrial memo, Kline was being treated by Dr. Lee Cohen for complaints of pain in her left foot. She treated conservatively from July 2012 through February 2013, when Cohen referred Kline to his associate, Dr. Cory Hawley.
In March 2013, she underwent a tailor’s bunionectomy and procedure to remove a sesamoid bone. However, according to the pretrial memo, both of the sesamoid bones in Kline’s left foot were removed. Kline was 29 at the time of the surgery, and was a frequent runner.
The memo said that, as a result of having both sesamoid bones removed, Kline developed a claw toe deformity that required two corrective surgeries. The second surgery, according to Kline’s memo, resulted in a surgical infection, which required another procedure.
Kline sued Hawley and Cohen, alleging medical malpractice. She contended that removing both sesamoid bones was against the standard of care, and failing to undertake another procedure to protect against claw toe was another breach of the medical standards. She further contended that Hawley failed to obtain informed consent.
Along with the surgeries, Kline said in her memo that she has been left with permanent scarring and disfigurement as a result of the treatment. She also contended that she could no longer run.
An expert for Kline, Dr. Martin Pressman, opined in a report that additional imaging should have been done before the second sesamoid was removed, and having both removed at the same time is a “highly unusual procedure.”
The doctors denied the treatment was negligent, or that they caused Kline’s claimed injuries.
Dr. Edward Pellecchia said in a report for the defendants that Kline’s post-surgery problems appeared only after she underwent an aggressive course of physical therapy that had not been prescribed. He further opined that the doctors fully discussed the risks of the procedure.
Baldino said there were no settlement talks before the verdict, and the defendants were insured by Campmed Casualty & Indemnity Co.
Robert Dillon of Naulty, Scaricamazza & McDevitt represented the defendants. Dillon did not return a call for comment.
$1.1 million settlement - Medical Malpractice - Delaware County Court of Common Pleas
$1.1 million settlement in a medical malpractice case for failure to diagnose breast cancer. Despite the patient’s diligent follow-up, her breast cancer went undiagnosed as a result of the negligence of her surgeon and a radiologist.
$1,050,000 Settlement - Wrongful Death - Middlesex County, NJ
$1,050,000.00 settlement of a wrongful death claim in on behalf of the estate of an air marshal who sustained fatal injuries as a result of a motorcycle/auto collision.
$1 million settlement - Motor Vehicle Accident - Delaware County Court of Common Pleas
$1 million settlement in favor of a young lady who suffered paralysis as a result of a motor vehicle accident. The settlement included $300,000.00 paid by the surgeon who attended to her after the accident, and over $500,000.00 paid by the municipalities responsible for maintenance of the intersection where the accident happened.
$1 million settlement - Product Defect - Philadelphia County Court of Common Pleas
$1 million settlement of a product defect claim against a hospital bed manufacturer. Plaintiff suffered significant neurologic injuries when his hospital bed collapsed.
Jury Verdict $1 million - Medical Malpractice - Camden County, NJ
A Camden County, New Jersey jury rendered a verdict in favor of our client in the amount of $1,000,000. In this case, Plaintiff had been dropped while participating in physical therapy, following a hip replacement. As a result of the physical therapist’s negligence, the patient went on to multiple hip revision surgeries and ultimately suffered permanent damage to her hip as a result of post-surgical infections. The jury accepted evidence that both the physical therapist, as well as the hospital, in a supervisory capacity, was responsible for the patient’s harm and as a result, the hospital, on behalf of the physical therapist, paid four times the charitable immunity cap on damages for which they would have otherwise been responsible.
$1 million settlement - Motor Vehicle Accident - Philadelphia County Court of Common Pleas
$1 million settlement for an airline employee who suffered crush injuries to his leg as a result of a motor vehicle accident which occurred on the airfield.
Jury verdict $971,000.00 - Construction Accident - Philadelphia County Court of Common Pleas
Jury verdict $971,000.00 in a product liability case involving a construction accident. A lawsuit was filed against the manufacturer of a seven-ton roller which crushed the leg of a worker. After eight days of trial, the jury concluded that the product was defectively designed. The money recovered allowed our client to undergo vocational training so he could return to the work force.
$950,000.00 settlement - Product Defect - Philadelphia County Court of Common Pleas
$950,000.00 settlement against automobile manufacturer. Our client sustained fatal injuries as a result of a defect in the vehicle which allowed the roof to collapse when the vehicle rolled.
$950,000.00 Settlement - Negligence - Montgomery County, PA
Following extensive investigation and discovery, Partner Jerry Baldino was able to win a 950K settlement on behalf of a toddler who suffered burns while under the care of a private pre-school.
$900,000.00 settlement - Medical Malpractice - Delaware County Court of Common Pleas
Partner Tom Sacchetta secured a $900,000.00 settlement in a medical malpractice claim against a gastroenterologist. As a result of the doctor’s failure to medically perform testing, our client missed an opportunity for an early diagnosis of cancer. This cancer ultimately led to her untimely death.
$900,000.00 settlement - Premises Liability - Philadelphia County Court of Common Pleas
$900,000.00 settlement in a claim against the owners of a commercial facility for bodily injuries resulting from a slip-and-fall on ice in a parking lot.
$875,000 Settlement - Brain Injury - United States District Court, District of New Jersey
Partner Jerry Baldino won an $875,000 settlement against the owner of a restaurant. Our client was a 67 year old Controller who tripped on a defective walking surface causing him to fall down a flight of exterior steps. Investigation revealed that the walkway leading up to the step had recently been repaired by the owner of the establishment. In the process, small portions of the tile walking surface were not replaced causing a change in elevation. Our client suffered a mild traumatic brain injury resulting in memory problems, headaches and change in personality. While he was able to return to work after approximately one month, he ultimately retired due to difficulties with concentration.
$850,000.00 settlement - Construction Accident - Montgomery County, PA
A union carpenter who was injured on the job reached settlement with the heating and air conditioning subcontractor whose employee allegedly struck the plaintiff with a forklift.
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Carpenter Secures Settlement in Forklift Incident
×Lizzy McLellan, The Legal Intelligencer
March 31, 2015
Nasco Heating agreed to pay $850,000 to Karl and Kathy Lange in a settlement reached one week before trial was set to commence in the Montgomery County Court of Common Pleas.
Karl Lange, then age 56, was working as a carpenter at a job site in Plymouth Meeting Mall on Dec. 23, 2008, when he was injured, the plaintiffs’ pretrial memorandum said.
While Lange was working, the memo said, he heard a forklift start nearby, and saw Sam Culmone, a sheet metal worker for Nasco, sitting on the forklift. According to both the plaintiffs’ and defendants’ memoranda, Lange offered to run the forklift for Culmone, but he declined the offer.
According to the plaintiffs’ memo, Lange returned to his work, then heard the forklift approaching. He turned and saw the lift traveling in reverse, the memo said. It then struck Lange and pinned him to a wall. Culmone indicated that he had accidentally put the lift in reverse, the memo said.
According to the defense settlement memorandum, Lange testified that he did not hear a backup warning signal from the forklift, but no evidence was presented to show the audio warning system on the forklift was malfunctioning.
The defense memo said Lange completed the rest of his shift that day without medical assistance and did not report the incident to his employer until Dec. 29.
Culmone denied hitting Lange with the forklift, the defense said.
The incident caused Lange’s abdominal and lower body crush injuries, the plaintiffs’ memo said, as well as spinal injuries. The lower body injuries impaired Lange’s gait and caused bowel and bladder dysfunction and incontinence, the memo said.
According to the plaintiffs, a doctor assessing Lange said he still has trouble walking, even with a cane. The doctor said the bowel incontinence could require surgery, and the bladder incontinence could require catheter placement or self-catheterization, the memo said.
“Dr. Citara has opined that plaintiff is permanently disabled from the physical and psychological standpoint as a direct result of the work injury on Dec. 23, 2008,” the plaintiffs’ memo said.
In its settlement memo, the defense disputed the allegation that the forklift incident caused permanent disability and bowel and bladder incontinence.
“Any disability plaintiff may now be suffering is as a result of his long-standing degenerative disc disease,” the defense memo said.
According to the plaintiffs’ memo, Lange earned about $84,500 annually in the three years before the incident, and received fringe benefits. A rehabilitation counselor said Lange became unemployable because of his injuries in addition to his limited education and his age, the memo said. An economic expert calculated economic losses of $1.3 million, it said.
Prior to settlement, the plaintiffs’ demand was $4 million, and the defense offer was $285,000.
The settlement followed a three-hour settlement conference with Judge Thomas M. DelRicci. Lange also reached an agreement with his workers’ compensation carrier to reduce its lien of approximately $285,000 to $110,000, plaintiffs attorney Gerald B. Baldino Jr. said. The $110,000 came out of the Nasco settlement, and the remainder went to Lange, Baldino said.
The attorney for the defense, Gary S. Williams, declined to comment.
Reprinted with permission from the “ISSUE DATE” edition of the “PUBLICATION.” © “2015”
ALM Properties, LLC. All rights reserved. Further duplication without permission is prohibited.
Jury verdict $850,000.00 - Premises Liability - Philadelphia County Court of Common Pleas
Partner Jerry Baldino secures an $850,000.00 jury verdict on behalf of a client that suffered serious injuries as a result of a slip and fall at a Philadelphia apartment complex.
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Apartments To Pay For Resident’s Icy Fall
×Lizzy McLellan, The Legal Intelligencer
December 23, 2014
Angelit Barnes fell on the sidewalk in front of her apartment in February 2011, because it was covered with ice, the plaintiff’s pretrial memorandum said. When she fell, she suffered a severe fracture and dislocation of her right ankle that caused the bone to tear through the skin.
A Philadelphia Court of Common Pleas jury awarded a gross verdict of $847,362 for past medical expenses, past lost earnings, pain and suffering. The award was molded to $575,000 pursuant to a high-low agreement, against Campus Apartments Inc. and Garden Court South Associates.
Barnes slipped and fell around 7:30 a.m. on Feb. 1, 2011, the plaintiff’s memo said, while exiting her building. She had assumed the sidewalks in front of her building had been treated, it said.
According to the plaintiff’s memo, it was the common practice to treat walkways early in the morning to make them safe for pedestrians, and treatment of the sidewalks apparently occurred sometime between 7:30 and 8 a.m. that day.
According to the defendants’ pretrial memo, the defendants pretreated surfaces between noon and 5 p.m. on Jan. 31, 2011, and treated them again between 8 a.m. and noon on Feb. 1.
“Regardless, even if no prophylactic pretreatment efforts had been undertaken, as a matter of law defendants face no liability for the slip-and-fall incident, as defendants began reasonable measures to treat the property to remove ice by 8 a.m. on the morning of the incident, well within the time mandated by the applicable ordinance,” the defendants’ memo said.
As a result of her injury, Barnes had to get surgery, including the placement of pins and screws into her bone, the plaintiff’s memo said, and she wore a cast for three months. During rehabilitation of her ankle, the memo said, she began to develop left knee pain and an altered gait.
As of her last visit with her orthopedic surgeon, Barnes said she was still experiencing pain and discomfort in her ankle. According to the memo, she is unable to stand and walk more than three hours per day, and her surgeon said she will continue to need annual medical visits and anti-inflammatory medication as a result of the injury.
The defendants’ memo said Barnes has made an excellent recovery with only mild limitations affecting daily life.
The plaintiff’s settlement demand was $750,000, according to the defendants’ memo, and the defendants offered a $50,000 settlement, which Barnes rejected.
The bulk of the jury’s award, $762,200, was for pain and suffering. Awards for medical expenses and lost earnings were $47,362 and $37,800 respectively.
Defense counsel Mitchell S. Berger declined to comment.
A resident of a Philadelphia apartment complex has been awarded damages in a slip-and-fall case.
Reprinted with permission from the “ISSUE DATE” edition of the “PUBLICATION.” © “2014”
ALM Properties, LLC. All rights reserved. Further duplication without permission is prohibited.
$850,000.00 settlement - Brain Injury - Philadelphia County Court of Common Pleas
$850,000.00 settlement of a claim for head injury and post-concussive syndrome. This case was resolved during trial. Plaintiff claimed that a national food market chain had failed to remove snow and ice from its shopping carts, such that a piece of ice fell on the floor of the store, causing him to slip and fall.
$830,000 Settlement - Motor Vehicle Accident - Northampton County, PA
$830,000.00 settlement of a motor vehicle accident claim where our client suffered head and neck injury requiring spinal surgery.
$780,000.00 settlement - Premises Liability - Philadelphia County Court of Common Pleas
Jury verdict $780,000.00 in a claim against the City of Philadelphia for bodily and neurologic injuries incurred when our client’s vehicle was struck by a falling tree. The tree, located on City property, was in very poor condition. Through the discovery process, we were able to establish that the City had virtually no policy in place for inspecting trees located in City parks.
Jury Verdict $750,000 - Motor Vehicle Accident - Philadelphia County Court of Common Pleas
A Philadelphia Court of Common Pleas jury has awarded a SEPTA bus driver $750,000 for non-economic damages and loss of consortium after a motor vehicle collision with a trash removal truck left him with a traumatic brain injury.
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Jury Awards SEPTA Driver in Motor Vehicle Collision
×Kristie Rearick, of the Law Weekly
October 27, 2015
On Oct. 8, with Judge Ellen Ceisler presiding, the jury awarded the plaintiff, Isiah Boyd, $700,000 against defendant Accurate Trash removal. An additional $50,000 was awarded to his wife, Alisha Boyd, on the loss of consortium claim.
Isiah Boyd alleged in his pretrial memorandum that he suffered “serious bodily injury” from a motor vehicle collision on July 31, 2012. Boyd, 45, was “driving in the course and scope of his job” in the westbound lane of Lancaster Avenue in Lower Merion when defendant William Corbitt, the driver of an eastbound trash truck—"in the course and scope of his job"—crossed into the westbound lane of travel and struck the bus.
According to the plaintiff’s memo, Corbitt did not recall what happened during the collision. According to defense papers, Corbitt blacked out before hitting the SEPTA bus. Accurate Trash removal said in its court filings that liability was not contested.
Boyd was taken to the Lankenau Hospital emergency department via ambulance, where he complained of suffering a blow to the head, with associated head and neck injuries, according to the plaintiff’s memo. He also complained of back, left leg and left ankle pain, and “transient amnesia of the events following the accident was noted” at the time.
The next day, Boyd was evaluated at Worknet Occupational Medicine and “was diagnosed with post-concussive syndrome secondary to the motor vehicle accident.” He was referred to a neurologist for treatment and was diagnosed with a mild head injury. The doctor, his employer’s “company doctor,” recommended that the plaintiff not return to work, “due to his unsteadiness.”
In September 2013, Boyd was evaluated by neurologist Michael Martin Cohen, of the Headache & Neurologic center of Philadelphia, who diagnosed the plaintiff with mild traumatic brain injury.
However, prior to the case, a workers' compensation decision said “the plaintiff was fully recovered” and that his claim was “limited to the noneconomic component of his traumatic brain damage,” according to Boyd's pretrial memo.
The defense's expert, neurologist Paul M. Shipkin, of Penn Medicine in Philadelphia, who testified at the workers' compensation hearing, opined that the plaintiff "was fully recovered from all injuries as of an Oct. 25, 2012, examination." The defense also noted, in the pretrial memo, that the plaintiff was "cleared by SEPTA and is working full-time despite his 'permanent condition,'" which was diagnosed by the plaintiff's expert.
Boyd's attorney, Gerald B. Baldino Jr., of Sacchetta and Baldino, said he argued the workers’ compensation judge “only has subject matter over the plaintiff’s ability to work.”
“The position was that this was a traumatic brain injury case,” he said. “He was able to work with his limitations. ... There really wasn’t any medical treatment that was going to cure him. So this was a straight pain and suffering case.”
The plaintiff submitted a demand of $1 million and there were no offers before the trial, according to Boyd's pretrial memorandum.
The verdict was “100 percent for pain and suffering,” Baldino said. According to the court memo, Boyd “had undergone significant personality change as a result of his traumatic brain injury” and “his ability to interact with his wife and physically disabled child was impacted.”
The eight-member jury took two hours to deliberate and the trial lasted three days.
Shari L. Frankfurt of Strachan & Hatzel represented Accurate Trash removal and declined to comment.
$750,000.00 - Medical Malpractice - Chester County, PA Court of Common Pleas
$750,000.00 settlement of a medical malpractice case in which plaintiff’s wound care doctors failed to timely diagnose and treat a flesh-eating skin condition.
$750,000.00 settlement - Premises Liability - Philadelphia County Court of Common Pleas
$750,000.00 settlement on behalf of a Federal law enforcement officer who suffered injuries as a result of slipping on a misplaced carpet in an office building lobby.
$750,000.00 verdict - Brain Injury - Philadelphia County Court of Common Pleas
$750,000.00 verdict on behalf of a plaintiff who suffered traumatic head injury and post-concussive syndrome as a result of a motor vehicle accident.
$750,000.00 settlement - Insurance Bad Faith - Philadelphia County Court of Common Pleas
$750,000.00 settlement in insurance and bad faith case. Following a significant jury verdict on behalf of our client against a minimally insured party, we accepted from that party an assignment of his claims against his insurance company. We were able to establish that his insurance company had placed its own interests ahead of its insured’s, in that the insurance company had failed to adequately investigate the claim and make an offer of settlement once it was determined that a settlement offer was warranted. Settlement against the insurance company included claims for interest, attorneys’ fees and potential punitive damages.
$695,000.00 settlement - Motor Vehicle Accident - Philadelphia County Court of Common Pleas
$695,000.00 settlement on behalf of a local television personality who suffered back injuries as a result of an automobile accident.
Jury Verdict $650,000.00 - Medical Malpractice - Philadelphia County Court of Common Pleas
$650,000.00 verdict in a medical malpractice case. It was alleged that plaintiff’s surgeon inserted a nickel stent in the plaintiff without considering the fact that the patient had a nickel allergy.
$625,000.00 settlement - Motor Vehicle Accident - Philadelphia County Court of Common Pleas
$625,000.00 settlement for a truck driver who suffered significant worsening of a low back condition as a result of a truck accident.
Jury Verdict $620,000 - Medical Malpractice - Bucks County, PA
Jury verdict $620,000.00 in a medical malpractice case against two surgeons who negligently performed a colon resection surgery. As a result of defendants’ negligence, plaintiff suffered recurrent infections and required additional, otherwise-avoidable surgery.
$600,000 Settlement - Medical Malpractice - Camden County, NJ
Partner Jerry Baldino was able to negotiate a $600,000.00 settlement in this medical malpractice claim. The patient had suffered an abdominal infection resulting in the removal of a portion of her stomach as a result of a hospital’s failure to timely transfer her to a qualified bariatric surgery facility.
Jury verdict $600,000.00 - Bicycle Accident - Delaware County Court of Common Pleas
Jury verdict $600,000.00 (including $350,000.00 compensatory and $250,000.00 punitive damages) in favor of an individual who was pushed from his bicycle into moving traffic, sustaining significant injuries to his leg.
$575,000.00 settlement - Medical Malpractice - Delaware County Court of Common Pleas
$575,000.00 settlement to the estate of a young woman who died as the result of an emergency room doctor’s negligence in failing to diagnose a pulmonary embolism. The case was tried and concluded with a hung jury. The settlement was reached the following day.
Jury Verdict $500,000.00 - Medical Malpractice - Philadelphia County Court of Common Pleas
Jury verdict $500,000.00 in a dental malpractice case against an oral maxillary surgeon who had failed to refer her patient to a specialist for nerve damage resulting from a wisdom tooth removal.
$450,000 Settlement - Motor Vehicle Accident - Mercer County, NJ
$450,000.00 settlement of a back injury claim arising from a motor vehicle accident.
$450,000 Settlement - Medical Malpractice - Camden County, NJ
$450,000.00 settlement in medical malpractice case involving doctor’s failure to diagnose and treat complications in the form of pseudo aneurism following an angiogram.
Jury Verdict $450,000.00 - Medical Malpractice - Philadelphia County Court of Common Pleas
Jury verdict $450,000.00 in a medical malpractice case against a family physician who failed to identify and diagnose tuberculosis in a young woman under his care.
$400,000.00 settlement - Brain Injury - Philadelphia County Court of Common Pleas
$400,000.00 settlement in a claim against the City of Philadelphia. A transit police office suffered closed-head injuries while on duty when he fell into an open water meter pit. The pit, which should have had a secured cover, was located on City property.
Jury Verdict $350,000 - Motor Vehicle Accident - Chester County, PA Court of Common Pleas
Jury verdict $350,000.00 in a motor vehicle accident resulting in injuries to driver and passenger.
Jury verdict $340,000.00 - Medical Malpractice - Delaware County Court of Common Pleas
Jury verdict $340,000.00 in a medical malpractice claim involving improper administration of medications, which caused kidney failure. In this case, we were able to establish that the family physician entrusted the treatment of his elderly patient to a certified registered nurse practitioner, whom he failed to properly supervise.
Jury Verdict $312,000 - Premises Liability - United States District Court, Eastern District of Pennsylvania
Partner Jerry Baldino secured a $312,000.00 verdict on behalf of a hotel patron who suffered injury to her foot as a result of falling into a improperly secured pool skimmer.
