We represent insurers, self-insured’s and property owners in the variety of injuries that occur on commercial property. We have handled hundreds of cases involving slip and fall claims, including those alleging improper property maintenance or poor snow removal procedures. We have also handled significant cases, both in terms of accident severity and volume for US Airways at its hub in Philadelphia.
We appreciate that actual responsibility often turns on insurance, contracts or lease terms and immediately focus on risk transfer issues to determine the legally responsible party. We understand the need to aggressively assess both liability and damage issues so that we can recommend the appropriate path for “this” case. We ensure that our recommended litigation plan, whether for trial, mediation, motion practice aimed at dismissal or immediate settlement negotiations will be focused and quick. We truly believe in working to find Better/Faster resolutions that will provide cost effective representation.
We use these practice steps in all types of premises matters. We handle security issues, dog bite cases and cases involving third parties. In all matters, our goal is prompt, targeted investigation and a clear strategy leading to resolution. While we emphasize timely resolutions or dismissals, we appreciate that strong, experienced trial lawyers get the most effective resolutions. Our lawyers have tried dozens of premises case to jury verdict and have taken many more to final resolution through Alternative Dispute Resolution proceedings. Please review our Representative Matters to see examples of cases in which our aggressive approach has brought value to our clients.
- Gregory S. Hirtzel: Representation of lessor/premises owner in loading dock accident resulting in traumatic brain injury to employee of lessee’s contractor. Tendered client’s defense and indemnity to lessee pursuant to provision in lease and obtained acceptance based upon definition of “insured” in tenant ‘s Commercial Liability Policy.
- Gregory S. Hirtzel: Case involving the claims by a family of four, alleging permanent physical and emotional injuries as well as permanent scarring after each was attacked by client’s Huskie was settled before the client’s Answer was filed, at a meeting with Plaintiffs and their counsel. The dog had allegedly been involved in two prior incidents and was euthanized after this incident.
- Joseph F. McNulty: Represented a Fortune 100 Defense Contractor arising out of the murder of an employee by an independent security guard, who also committed suicide on the company premises. Assisted in the pre-litigation investigation and then handled the defense of the subsequent litigation in the Federal Court in Northeastern Pennsylvania. Following more than 30 depositions, obtained Summary Judgment against Plaintiff/victim at the Trial court level. On appeal, the Third Circuit entered judgment on behalf of the employer and against the Security Company on the contractual indemnification issue resulting in the entire counsel fees and costs being borne by the Security Company.
- Joseph F. McNulty: In a 2013 trip and fall trial defending a local Allentown hotel, saved a motion to preclude Plaintiff’s liability expert until the second day of trial while the expert was on the stand. Was able to show that the expert had the incorrect location of the fall and other inaccuracies and was able to preclude the witness from testifying and plaintiff from meeting her burden.
- Joseph F. McNulty: Retained on the day of the accident to lead the investigation into a pedestrian fatality in Northampton County. Obtained expert review, located witnesses and scheduled and completed a successful mediation with Plaintiff counsel representing the surviving widow, who had witnessed the accident, within two months of the day of the accident.
- William L. Thrall, III: Defense verdict at trial representing major retail chain in claimed $1 million premises liability accident.
- William L. Thrall, III: Defense verdict at trial representing large residential and commercial property owner against claims of alleged negligence involving vicious dog attacks.
- William L. Thrall, III: Dismissal of client on Motion for Summary Judgment in case involving allegations of defective maintenance of large condominium complex.