Lee H. Eckell
New Jersey Office
10000 Midlantic Drive
Mount Laurel, NJ 08054
- Rutgers, The State University of New Jersey School of Law (J.D., 2000) Hunter Advanced Moot Court
- University of Delaware (B.A. in Criminal Justice, 1997)
- New Jersey
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Eastern District of Pennsylvania
- New Jersey State Bar Association
- Pennsylvania Bar Association (Civil Litigation Section)
- New Jersey PIP, Verbal Threshold and Third Party Liability, presentation to ESIS (February 2011)
- Overview of New Jersey and Pennsylvania PIP Law, presentation to ACE (August 2007)
- Defenses in Slip and Fall cases (2001, 2002) Co-Author
- Keeping Your Expert: Daubert/Frye Analysis (2001) Co-Author
Lee H. Eckell is the managing partner of the New Jersey office of Fowler Hirtzel McNulty & Spaulding. For 20 years, he has handled a broad spectrum of casualty matters, including commercial transportation, construction accident, construction defect, premises liability, liquor liability and products liability. Mr. Eckell also handles select coverage matters, specializing in homeowner’s and trucking insurance issues. Mr. Eckell is involved in matters from investigation through discovery and trial. He has tried over 20 cases in high exposure matters in almost every county in the State of New Jersey and Federal Court. His clients are insured and self-insured companies involved in all aspects of construction, including owners, general contractors, subcontractors and material suppliers. His non-construction clients include trucking companies, property owners, commercial property vendors, retail establishments, restaurants, bars and product manufacturers or suppliers. In the coverage realm, his clients include carriers that write large homeowner’s and trucking policies inside and outside of New Jersey.
In addition to his litigated matters, Eckell is frequently retained by construction and trucking companies for emergency response to accident scenes within hours of the incident. Mr. Eckell and his team of associates respond to the scene, investigate accidents with the assistance of specialized experts in the field, interview employees and witnesses and protect and preserve essential evidence from spoliation. Eckell then consults with his client and recommends a future action plan to protect the client’s interests and prepare the case for either early resolution or litigation.
Mr. Eckell frequently speaks and writes on issues of immediate interest to the defense community. His articles and presentations have addressed emergency response, transportation, risk transfer, premises liability, uninsured and underinsured motorist cases, admissibility of expert testimony and issues concerning first party benefits and coverage.
Mr. Eckell resides in Cherry Hill, NJ with his wife and daughter. When not working, he enjoys sports, movies and playing poker.
- Resolution of a construction injury case involving serious injury to Plaintiff, who fell from a roof. Plaintiff suffered significant injuries including broken bones, muscle tears and post-concussion syndrome with alleged cognitive impairment and depression. Successful tender of the defense to a subcontractor and full reimbursement of defense costs.
- Successful defense of a local pest control company as co-counsel during a two-week negligence trial involving the alleged improper use of a pesticide during termite application. Plaintiff alleged that the client’s failure to properly seal cracks before applying the pesticide caused it to migrate into the HVAC system in the basement and then throughout the home. Plaintiff alleged violation of New Jersey Regulations applicable to licensed pest control applicators. Neurological injuries, emotional distress, and property damage were all alleged. Plaintiff and her experts theorized that the home was contaminated and had to be demolished and rebuilt. Plaintiff and experts further theorized that all of the contents inside the home were damaged. The demand prior to trial was in excess of seven figures. Plaintiff’s liability experts were cross-examined during trial regarding test results that did not identify dangerous pesticide levels, as well as improper characterization of New Jersey’s pest control regulations. Plaintiff’s medical experts were also cross-examined regarding their failure to account for Plaintiff’s prior medical history in their causation opinions. After Plaintiff’s case, the case settled for a fraction of the demand prior to trial.
- Successful defense of a national supermarket wholesaler at trial in an automobile negligence case. Plaintiff, a married 46-year-old union electrician with four children, had not returned to work after being rear-ended by the client. Plaintiff asserted a multi-million-dollar economic loss claim, along with permanent injuries to the neck, vestibular system, and cognitive function. Plaintiff’s wife also made a claim for loss of consortium. During the four-week trial, it was argued that a phantom vehicle was at fault for the accident. In addition, expert and fact witnesses were called to support the defense that Plaintiff did not sustain a permanent injury as alleged. Prior to trial, the parties attended mediation where there was a multi-million-dollar demand. While a pre-trial offer was made, the matter settled for significantly less than the pre-trial offer after the jury had reached a verdict, but before the verdict was read to the Court by the jury.
- Extrication of a developer client from a case where a construction worker fell three stories and suffered severe injuries. When a subcontractor’s carrier repeatedly ignored a proper indemnification request, suit was brought against them. The carrier eventually accepted the tender without a reservation of rights and repaid the self-insured developer for legal fees and expenses.
- Settlement of a slip and fall case after only the opening statements and the testimony of Plaintiff. The case settled for one tenth of the demand at trial through the development of significant notice defenses during discovery and trial.
- Resolution of a construction injury case involving serious injury to Plaintiff, who fell from an elevated position while framing a residential home. The plaintiff suffered significant injuries that required surgery. Successful tender of the defense to a subcontractor and received not only complete defense and indemnification, but reimbursement of all defense costs for the client.
- Successful resolution of a number of cases for the client, a national grocery and retail chain. Several cases were resolved without any discovery being performed. An additional significant case was settled within four months of assignment. In that time frame, we were able to confirm the liability issues, obtain and review medical and lien information and obtain a contribution from an unrepresented co-defendant.