Obtained this 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, the firm 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.
A young professional man visited a hospital ER in the region complaining of back pain, chest pain, headache and cough. Even though a number of tests indicated emergency surgery was needed that could not be performed at that hospital, the hospital delayed the transfer of the patient to another hospital and failed to include critical test results when the patient was finally transferred. Sadly, the patient died. The defendants argued that underlying medical issues, including Marfan syndrome and mitral valve prolapse, were contributing factors out of their control, that the patient was in significant end-organ dysfunction upon arrival and that he would not have survived the surgery. However, Duffy + Fulginiti obtained a $7,500,000 settlement for his surviving wife and young child.
In Eap, a combined policy limits settlement was reached for a 34-year-old small business owner rendered a paraplegic when a slab of stone fell upon him from a table used to fabricate stone into decorative countertops. The settlement was obtained from the table manufacturer and two distributors.
In Voce, a 49 year old union glazer was caused to suffer a permanent hip injury, resulting in his inability to return work, when the ladder he was working on, collapsed into a nearby ditch. The jury returned a $6,500,000 verdict for Mr. and Mrs. Voce, finding the general contractor negligent by providing an unsafe working environment for Mr. Voce and his co-workers.
In Straub, Duffy + Fulginiti obtained a $4,500,000 verdict in favor of Doug Straub, a construction worker, and his wife, Carol. Mr. Straub suffered many broken bones and a closed head injury following the failure of a sewer plug which exploded, breaking bones in his face, arms and legs. The verdict was appealed to the Pennsylvania Supreme Court twice and was ultimately affirmed resulting, with delay damages, in payment of approximately $6,500,000. The verdict was reported as one of the largest verdicts in Pennsylvania that year.
In Kelly, Duffy + Fulginiti settled Reverend Crawford Kelly, Jr.'s claim for the full insurance policy limit available in the litigation, after Reverend Kelly’s vehicle was struck by a tractor-trailer, causing his vehicle to flip and resulting in the traumatic amputation of his arm. The settlement for the incident, which occurred in New Jersey, was reported as one of the largest verdicts in the state that year.
In Divon, Duffy + Fulginiti won a verdict against Wills Eye Hospital for Peter Divon, a forklift operator who suffered blindness in one eye as a result of an infection which developed following a surgery to repair a detached retina. The verdict was reported as one of the largest verdicts in Pennsylvania that year.
This confidential settlement was obtained for a child who suffered severe cerebral palsy due to head trauma that was sustained when the doctors improperly used instruments during delivery.
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.
This confidential settlement was from a teaching hospital and attending physician who failed to recognize that an expectant mother had had a recent outbreak of herpes. The doctor permitted the mother to deliver the child vaginally, exposing the child to the herpes virus, which caused severe cerebral palsy. The child was 15 when the mother first approached Duffy + Fulginiti, after another attorney had reviewed the case and turned it down.
This confidential settlement was obtained for a school bus driver whose arm got stuck in a wheelchair lift when the lift malfunctioned and failed to stop upon reaching the floor of the school bus.
In Smith, Duffy + Fulginiti won a $4,500,000 verdict against Misericordia Hospital, finding the hospital negligent in the testing and treatment of David Smith, ultimately resulting in his death. Mr. Smith was taken by his mother to Misericordia, and ultimately died of an aortic dissection after the hospital staff failed to properly treat or diagnose his condition. The jury returned its verdict after a 2-week-long trial. The verdict was reported as one of the largest verdicts in the Pennsylvania that year.
In Zarzecki, Duffy + Partners 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 this settlement from multiple defendants.
This confidential settlement was obtained for a man who lost control of his motorcycle, purchased just an hour before the accident, resulting in significant injuries. Duffy + Fulginiti was able to obtain a favorable settlement concerning the motorcycle and tire design with product liability theories even though the operator did not have a motorcycle license and had been in prison for 17 years preceding the incident.
A product liability matter involving a medical device, specifically a pain pump used to control post-surgical pain. Duffy + Fulginiti was able to establish that the product was being marketed and used beyond FDA clearance and that it caused the loss of shoulder cartilage to our client, ending his career as a union glazier.