A premises liability accident occurs any time someone is injured on the property of another. The property may be used for commercial, residential or industrial purposes. An action may arise from a construction failure or simply a failure to maintain property. Dangerous conditions of property may result in death, injury or property damage.
- A young man travelled with his school to an in-service outing where there was little or no adult supervision and suffered a paralyzing injury during that field trip. We filed a lawsuit against the school on his behalf and in a settlement (which precludes us naming the client or the institution) the young man received $36,000,000.
- Duffy + Fulginiti recovered $19,250,000 for a construction worker who became paralyzed due to inadequate safety precautions on a job site, which resulted in the worker being struck in the back by a beam during crane operations. Since the crane operator was the accident victim’s co-worker, the case focused on the negligent operations of the site in general (as the settlement is confidential, we cannot identify the parties).
- $7,500,000 – obtained a confidential settlement in a premises liability/negligent security case. Duffy + Fulginiti successfully negotiated a pre-litigation settlement without discovery against a parking facility and its management company following an assault on a patron who, in approaching her car after leaving a store, was the victim of an attack. While the commercial defendants argued that the criminal defendants were the culpable parties, Duffy + Fulginiti amassed significant evidence of local crimes and conducted a nationwide search of the defendants’ other parking facilities to establish that the negligent security system at the facility in issue allowed the criminal defendants to perpetrate their crimes.
- In Mangano, a high school administrator came to Duffy + Fulginiti for help after she slipped on wet flooring glue that had been applied by a flooring contractor. While the defense admitted spreading the glue, they claimed that Mrs. Mangano was not watching where she was walking, and should have seen the bright white glue on the floor. Through depositions of defense corporate representatives, it was discovered that while the contractor had prepared a company safety manual, it never distributed it to their employees as it burdensome to do so. Mrs. Mangano claimed severe pain in her leg, which, while it did not appear on MRIs or X-Rays, was identified as RSD/CRPS, a post-traumatic pain syndrome linked to her accident. The defense denied the diagnosis of RSD/CRPS, and blamed her pain on a prior accident and/or prior medical conditions. In the end, the firm secured a $5,000,000 settlement for Mr. and Mrs. Mangano to compensate them for Mrs. Mangano’s pain, limitations, wage loss and medical bills.
- In Zarzecki, Duffy + Fulginiti represented the family of a cellular infrastructure technician who died after falling 10 stories from a Philadelphia rooftop. While the defendants argued that Mr. Zarzecki, the job foreman, was responsible for failing to wear the provided fall protection, Duffy + Fulginiti argued that the focus should be on the building owners, property managers and general contractor’s poor planning and design of the project, not the workers who are simply trying to get the job done. The firm successfully negotiated a $4,450,000 million settlement from multiple defendants.
- In Gymnastics Plus, Duffy + Fulginiti obtained a $3,000,000 verdict for a New Jersey gymnastics facility which burned down due to the failure of the local utility, GPU, to maintain adequate surge protection at its transformers. GPU, on appeal, contended that such a verdict was the first of its kind and would set a new standard of safety for the utility. GPU fought the case, unsuccessfully, through the Appellate Division and Supreme Courts of New Jersey.
- In Cole, a truck driver, Mike Cole, suffered a wrist injury when a steel roll-away door, fell from its track, landing on Mr. Cole’s wrist, causing it to fracture in multiple places. Mr. Cole, a truck driver, was unable to continue driving trucks. A New Castle County, Delaware jury returned a $1,600,000 verdict for Mr. Cole against the Port of Wilmington.
- In S.L. Danielle, Duffy + Fulginiti obtained a $1,300,000 verdict against a commercial building owner and tenant for significant water damage to an apparel company’s bailed goods due to the activation of an excessive number of sprinkler heads during a small fire. It was established that the fire was caused by the negligence of the tenant, and the building owner had disregarded recommendations to install a needed jockey pump for the sprinkler system before the fire.
- In another case, Duffy + Fulginiti obtained a $1,500,000 settlement from a water reservoir owner based on the claim that its negligent operation of the reservoir during a Tropic Storm caused flood damage to a downstream property owner. The identity of the parties remains confidential.