Verdicts + Settlements
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 confidential settlement for a nurse who suffered an elbow injury, resulting in Complex Regional Pain Syndrome (CRPS/RSD) as a result of her vehicle being struck by a bus making an improper lane change.
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.
In this confidential settlement, Duffy + Fulginiti prevailed on behalf of a client against an international hotel company following a slip and fall in Mexico. Our client slipped on water tracked onto a tile floor from a pool area and struck his head on the person in front of him, breaking his neck and resulting in quadriplegia injuries. The firm was able to establish that the parent hotel, despite its efforts to layer many subsidiaries for insulation, would “push down” policies to its sub-subsidiaries’ hotels, resulting, among other things, in the use of the wrong type of outdoor floor mats. The backing material used on those mats resulted in the mats themselves capturing water, which then caused individuals with dry shoes or feet to track that water onto a previously dry tile surface. Despite defense efforts to remove the case to federal court and then transfer it to Mexico, Duffy + Fulginiti fought successfully to institute and keep the matter in Philadelphia.
A confidential settlement attained for a boy who, at 28 hours after birth, developed necrotizing endocolitis (NEC). Failure to properly diagnose the NEC resulted in a decrease in oxygen saturation that ultimately caused an anoxic injury and cerebral palsy to the boy.
The Mathis settlement was obtained during the fourth day of trial for a man who was injured in a low-speed, low-impact crash. There was only $750 in property damage, and there was no traumatic injury established on any x-ray, MRI or other study. However, during trial, Duffy + Fulginiti, through expert research and testimony, established that the minor accident triggered a genetic condition in Mr. Mathis, then 44, known as Ankylosing Spondylitis, a condition of which Mr. Mathis was even unaware. By the time of trial, Mr. Mathis walked with a cane as his genetic condition had caused a progressive fusing of his spine.
In Sawyer, Duffy + Fulginiti secured a settlement for client Susan Sawyer, a former security guard at a port in Delaware County who was the victim of devastating injuries when a tractor trailer ran over her leg and foot.
Duffy + Fulginiti recovered $3,700,000 for a construction worker who was injured in a motor vehicle accident on a job site. His vehicle flipped over, causing fractures to his pelvis, requiring surgeries. The defense contended that the plaintiff was responsible for his incident and was driving too fast for the conditions of the project.
A 39-year-old man in good health was brought to the emergency room with complaints of a headache, so severe that he could not stand or function at work. After about an hour in the ER, he felt better. Without ordering a CAT scan or neurological consultation, the ER discharged the man. Weeks later, he collapsed on the street and was rushed to the hospital where imaging showed a brain lesion responsible for his headaches had ruptured, leaving him with irreversible and permanent brain damage. He never fully regained consciousness and died 3 years later.
In Schramm, Duffy + Fulginiti won this settlement for a client who suffered massive leg injuries when the tractor-trailer he was driving was hit by another trucker's rig.
Duffy + Fulginiti recovered $3,300,000 in a confidential settlement for a minor who was injured in a serious motor vehicle accident that also involved unique premises liability claims against the commercial establishment where the accident took place.
Our client, a young mother in her 30's, had sought care from several successive doctors to correct lower back and related abdominal pain. After following the advice of the doctors and enduring multiple “corrective” surgeries, she received no relief whatsoever. Rib cage-related neuralgia, costochondritis, musculoskeletal pain, failed back surgery syndrome, thoracotomy syndrome, and graft site pain left her unable to return to her full-time responsibilities as a nursing supervisor. Duffy + Fulginiti secured this confidential settlement to offset her future wage losses and medical care.
In Gymnastics Plus, Duffy + Fulginiti obtained a 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 fought the case, unsuccessfully, through the Appellate Division and Supreme Courts of New Jersey.
Duffy + Fulginiti recovered $3,000,000 for a 60-year-old physician who twisted her ankle due to a sidewalk that measured to be a one-half inch offset from the surrounding sidewalk. This condition caused our client to break her ankle, resulting in ankle surgery and post-traumatic arthritis.