Verdicts + Settlements
This confidential settlement involved the death of an 81 year old man, who was killed when a truck ran a red light, striking his vehicle. The post-accident vehicle testing of Duffy + Fulginiti revealed a fault in the brake line of the defense vehicle that would have prevented the vehicle from stopping timely at a traffic control device.
In Cole, a truck driver suffered a wrist injury when a steel roll-away door fell from its track, landing on his wrist, causing it to fracture in multiple places and leading to his inability to continue driving trucks. A New Castle County, Delaware jury returned a verdict for Mr. Cole against the Port of Wilmington.
In Pakuris, Duffy + Fulginiti obtained a $1,550,000 verdict for a veteran Philadelphia attorney who suffered a torn rotator cuff following a motor vehicle accident. The attorney sought the assistance of the firm for the handling of his claim against the defense driver, who contended that the insignificant impact could not have caused the total disruption of Mr. Pakuris’ rotator cuff. Duffy + Fulginiti was successful in having the defendant’s biomechanical engineer precluded from testifying based upon research against the defense expert obtained from other states.
A confidential settlement involving a union ironworker who suffered a knee injury after stepping into a small hole on a construction site; evidence showed that defendants failed to establish safety protocol to ensure OSHA compliance by all contractors on site.
In Kee, Duffy + Partners obtained a settlement for a union plumber who fell through a rotted floor during a commercial construction project. While Mr. Kee fell only 2 feet, he suffered bilateral shoulder injuries resulting in his inability to continue work as a union plumber.
In Koppel-Klein, Duffy + Partners obtained a settlement for a woman who was struck by an ambulance that ran a red light. The ambulance did not have its lights or sirens activated when it sped through the steady red light. While the plaintiff, self employed, did not have a wage loss claim, and despite significant surveillance evidence against the plaintiff, Duffy + Fulginiti was able to obtain a favorable settlement through discovery and trial techniques, including calling the defense expert in its case-in-chief, and establishing evidence that called into question the integrity of the surveillance footage.
Duffy + Fulginiti won this settlement for a boy with Erb's Palsy caused by an attending doctor's negligent delivery after a shoulder dystocia was encountered. The doctor failed to perform the necessary maneuvers to avoid an injury.
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.