In Zook, Duffy + Fulginiti secured a settlement for a man who was rear-ended while stopped at a red light, but whose car sustained little property damage. He claimed multiple injuries, including a herniated disc. Defense experts suggested that the driver who rear-ended the client was going too slow to cause such injuries and that the client’s golf game did more to hurt his back than the accident did. He suffers from ongoing pain and limitations.
When a young man in his 30’s with a history of alcohol abuse was found unconscious at the apartment of a friend, he was brought to an area emergency room for treatment. While still in the ER, he had a series of seizures, and his condition deteriorated to the point where he was brought to the ICU and placed on a ventilator. Though he became well enough to be discharged to a rehabilitation facility, the damage had been done. His brain was injured to the point of having to re-learn basically every functional task and he now requires 24/7 supervision. Though the defendants claimed that the brain damage was from alcohol poisoning, Duffy + Fulginiti brought in experts who testified that the brain damage was from hypoglycemia, which could have been easily treated and prevented brain injury.
In Rivera, Duffy + Fulginiti secured a settlement, of which $1,175,000 million was not confidential, for a client who suffered a workplace injury due to a product malfunction. The plaintiff, a supervisor at a business that assembled chassis for a trucking company, was assisting a coworker adjusting an arm on a driveshaft manipulator when the arm collapsed, inflicting crushing injuries on his dominant hand. The injuries necessitated four surgeries and forever altered his ability to work and live. Despite the presence of warning language in an operational manual, the firm argued that the manipulator was defective based on its design, manufacture and lack of posted warnings regarding use.
A policy limits settlement for a contractor who was visiting a construction project and fell from steps that collapsed beneath his weight. While the plaintiff was self-employed and his income increased after the accident, Duffy + Fulginiti was able to obtain full policy limits from the contractor, as well as a recovery from the out-of-possession homeowners.
In Staton, Duffy + Fulginiti settled client Stacy Staton’s suit for against a company who improperly loaded items onto a tractor trailer he was driving, which caused the truck to tip over during a turn and which resulted in his suffering multiple injuries, surgery and ongoing physical limitations and pain.
In Britt, Duffy + Fulginiti obtained a policy limits settlement of $1,000,000 in Lehigh County for an Upper Darby police officer who suffered a back injury following an accident with a lumber truck. While the defense disputed liability, causation and damages, and conducted countless hours of surveillance of Mr. Britt, an inflexible policy limit demand was made, and a tender ultimately came shortly before trial.
We obtained a confidential settlement against a large Philadelphia hospital and resident physician group after our client, a 51 year old happily married and employed man with two young children and some minor health issues, underwent spinal surgery at the recommendation of the physicians. The surgery left him with complications that involved having the ability to swallow only with difficulty and being at risk for aspiration. Though he died from completely unrelated causes, Duffy + Fulginiti was able to secure $1,000,000 in compensation for his family.
A confidential settlement involving product liability claims against the manufacturer of a fire suppression link that failed to separate during a fire of an unknown cause, resulting in the destruction of a local landmark diner.
In Moyer, a Philadelphia jury awarded damages to our client, who had been struck and knocked down by a delivery truck as the truck was pulling out from the loading dock. The defense argued the driver had looked in his mirrors within seconds before the incident and Ms. Moyer was not present; however, Duffy + Fulginiti successfully argued that whether she was present for merely seconds or longer was immaterial as one should not move a truck without confirming it was safe to do so.
A 36-year-old woman went to the emergency room with difficulty breathing. Though initial testing showed she was in acute hypoxic respiratory failure, she was kept in the ER overnight as her conditions worsened, but never admitted to the hospital. The next day, while still in the ER, the woman died. Though the hospital argued the woman’s complicated medical history (including asthma, pneumonia, and obesity) was the cause, Duffy + Fulginiti secured a confidential settlement for the family she left behind.
Settlement secured for a truck driver injured when he rear-ended a disabled vehicle in front of him, causing him to not only strike the disabled vehicle, but be rear-ended himself by the vehicle behind him.
In Rivera, the firm successfully argued before a Philadelphia Jury that a 31-year-old man’s poor care at a local hospital led to his death.
This settlement was obtained for a woman who, while stepping over a sitting wall, twisted her ankle while stepping down onto the asphalt surface. Duffy + Fulginiti was able to establish that the engineer who designed the sitting wall and asphalt surface failed to comply with industry standards.
In this confidential case, a client had sought care at a Philadelphia emergency room for pain in his left foot, left hip, and left shoulder. Tests were done and the client was discharged with a diagnosis of shoulder pain, toe fracture, and hub/thumb bruise/contusion. However, when the X-rays were officially read after the discharge, the radiologist found an irregularity that was never communicated to the patient. The delay in treatment resulted in permanent shoulder problems for the client, for whom the firm obtained a confidential settlement.
In this confidential case, the firm obtained a settlement for an individual who rear-ended a slow moving tractor trailer, which had been previously pulled over by the police for operating at a slow speed. While the incident occurred in Lehigh County, Duffy + Fulginiti successfully instituted the action in Philadelphia County and was able to have the action remanded after it was removed to federal court on an unsuccessful fraudulent joinder argument.