Soft Tissue Injuries Lead To Significant Verdict
On October 20, 2022, a federal jury in the United States District Court for the Eastern District of Pennsylvania awarded plaintiff, Kerry Ponder (“Plaintiff”) $1,800.000 for personal soft tissue, sprain / strain injuries arising from a motor vehicle collision where Plaintiff was driving on behalf of his employer. Though the at-fault driver had insurance coverage of up to $50,000, this did not cover the extend of damages claimed which included a $231,667 worker’s compensation lien and past / present work loss reflecting his annual salary of $50,000 prior to the accident. As such, Plaintiff initiated the instant lawsuit against Charter Oak Fire Insurance Company (“Charter Oak”) entitled Ponder v. Charter Oak Fire Insurance Company, No. 20-5037; 50:20-cv-05037 (2020), seeking UIM benefits from his employer’s $1,000,000 insurance policy to make up the difference. At trial, liability, overall, was not at issue, rather damages were disputed. After a two-day jury trial and subsequent two-hour deliberation, the million-dollar verdict was issued in favor of Plaintiff. Judge Jeffery Schmehl then molded the verdict to $958,000.000, reflecting the $50,000 third-party settlement, before the final judgment was issued. We suspect the issue of damages is likely to be disputed on appeal by Charter Oak. Ponder acts as a reminder to risk management and defense professionals alike that soft tissue injuries which may initially seem nominal can, in fact, lead to a six-figure payout where damages are supported. Moreover, it remains difficult to ever fully predict the results of a jury trial. Thanks to Kendal Hutchings for her contribution to this article. Should you have any questions, contact Matthew Care.Read More
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WCM Achieves Defense Verdict and Favorable Verdict in Harrisburg, PA Jury Trial
WCM Partner Bob Cosgrove obtained a defense verdict and favorable verdict in a four day jury trial in Harrisburg, PA. In the case of Joel and Barbara Turk v. Susquehanna Township EMS and Beth Miles, Joel Turk, a dentist, was being transported to the hospital by Susquehanna Township EMS and its EMT Beth Miles. During the course of the transport, Beth Miles lost control of the ambulance and crashed into two trees and one pole – the accident was so significant that Beth had to be cut out of the ambulance with the jaws of life. Joel Turk claimed that the accident exacerbated pre-existing back injuries that rendered him unable to return to work as a dentist and caused him more than $500,000 in past and future lost wages. His wife Beth made standard loss of consortium claims. Plaintiffs claimed that Susquehanna Township EMS was negligent in its hiring, training and supervision of Beth Miles and that Beth Miles was negligent in her operation of the ambulance. After hearing all of the evidence, the 12 person jury unanimously determined that Susquehanna Township EMS was not negligent, but found that Beth Miles was 100% negligent. The jury rejected, however, the plaintiffs’ claims that the injuries suffered in the accident were life altering. They awarded total damages of $31,165.01 – an award that included $2,804.46 in stipulated out of pocket medical expenses and $6,860.55 in stipulated incidental expenses. No money was awarded for the loss of consortium claim, $15,000 was awarded for a loss of past income and $6,500 was awarded for pain and suffering. For more information about this case or WCM’s trial practice, please contact Bob Cosgrove.Read More
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(Knock on Wood) — NY Courts Lift Facemask and 3-Foot Physical Distancing Requirements
Effective June 16, 2022, New York courthouse visitors, lawyers, judges, and staff will no longer be required to wear masks, with proof of vaccination, in light of receding COVID rates. Also being lifted in the courthouses is the three-foot physical distancing requirement. (The policy identifies a vaccination card or a New York State Excelsior Plus Vaccination Pass as proof of vaccination.) These steps are part of an effort to return the Court to full operations and are a return to the model that was in place throughout the Unified Court System last summer. The changes come as welcomed news to some practitioners who found it difficult to hear statements in Court, have their statements heard, or speak discretely to their clients. Masks also interfered with measuring a witness’ credibility or the ability to develop a rapport with jurors. On the civil side, with many appearances remaining virtual with some exceptions, mask or no mask is of little consequence. But in person, we’re getting closer to normalcy. A color-coded system will be in place within the Courthouse Courts with court visitors receiving a white pass and an attorney/agency a green pass that will permit entry without a health safety screening and without wearing a facemask. These passes must be worn on the outermost piece of clothing. The attorney/agency pass will be valid for six months from the issuance date or one year from the date of last vaccination or booster dose, whichever is shorter. Judges and employees of the Unified Court System will display a valid, unexpired orange card to enter all areas of the court without a facemask. Local and national COVID trends will remain closely and thoughtfully monitored, to provide a public compelled to enter the space with the utmost protections and considerations. We will refrain from calling this development “the beginning of the end” of COVID, because, well, we’ve done that before, and believe in jinxes! Thanks to John Diffley for his contribuition to this post. Please email Brian Gibbons with any questions.Read More
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Call Your Next Witness – Christon Halkiotis
Christon Halkiotis and I have a lot in common, in that we’re both former prosecutors who sought a change after a handful of years representing the government. Christon’s path took her to criminal defense, where she started her own practice in 2019 in Greensboro, North Carolina after 15 years as a prosecutor. Her practice flourished immediately, which is a testament to Christon’s personality, reputation and credibility among colleagues, and also, to a ton of hard work!
She shares some lessons about how to make yourself a better attorney, what it was like to “hang out a shingle,” and how she has dealt with owning a business during the pandemic. You can listen here, or wherever you download podcasts. If you have questions about the podcast, or about being a guest, please email Brian Gibbons.
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Call Your Next Witness – Brian & Georgia Discuss the Courts and new Associates Starting their Careers this Fall
No guest this week — instead, Brian Gibbons and Georgia Coats discuss the seemingly ever-changing impact of COVID-19 and the delta variant on court operations. As recently as a few months ago, the pandemic seemed to be on its last legs, but numbers are trending in the wrong direction again. What does that mean for court operations this Fall and Winter, in NYC and elsewhere? Also, with new associates starting at Wade Clark Mulcahy and other firms across the country, Brian & Georgia compare their immediate post-law school experiences, discuss what they wish they knew at the time, and offer some advice for graduates starting their legal careers in the next few weeks. Listen here, or wherever you download podcasts. If you are interested in being our “next witness” on Call Your Next Witness, please email Brian Gibbons or Georgia Coats.Read More
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by Brian GibbonsJune 10, 2021 Podcast, News & Events, Of Interest, Pennsylvania, Trial Practice0 comments
Call Your Next Witness – Bob Cosgrove and Matt Care Discuss last week’s Defense Verdict
“Ginger Rogers did everything Fred Astaire did, but backwards and in high heels.” What does this Ginger Rogers quote have to do with litigation and trial practice? Good question. Bob Cosgrove and Matt Care just tried a case to a unanimous defense verdict, in front of of a real live jury in Pennsylvania. You can read up on the details of the case here.
Putting aside the odd facts of the case, and the procedural minefield that Bob, Matt and their team successfully navigated on their way to a unanimous verdict, there simply have not been many cases tried to verdict in the United States in the past 15 months. What does a COVID-era jury trial look like, as compared to past trials? How did the jury selection process work? What were the masking protocols? Were attorneys permitted to move around the courtroom, per usual?
In discussing these trial logistics, Bob mentioned the Ginger Rogers quote to describe the role of a trial attorney right now. Just like other trials, except “backwards and in high heels.” Listen to Brian Gibbons and Georgia Coats interview Bob and Matt about their experience on the latest episode of Call Your Next Witness, on Apple, Spotify, or wherever you download podcasts. And if you’d like to discuss content or being a guest, please contact Brian Gibbons or Georgia Coats
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Call Your Next Witness – Shari Belitz on Litigation Consultation
On episode 6 of Call Your Next Witness, the Wade Clark Mulcahy LLP podcast, Brian Gibbons & Georgia Coats interview litigation consultant, author, attorney, Yankee fan (nobody’s perfect!) and absolute force of nature Shari E. Belitz, Esq.
As risk managers all know, knowledge is power — Shari and her team offer unique knowledge and foresight to risk managers looking to prepare for jury trials, particularly on high exposure claims. But what does litigation consulting actually mean, and what intel can a consult provide that risk managers don’t already have? Listen here, or wherever your download podcasts. If you’re interested in discussing the podcast, or maybe even joining us as a guest, please email Brian Gibbons or Georgia Coats.
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Call Your Next Witness Podcast – Brian Gibbons Interviews Dan Solinsky of Edelman Krasin & Jaye PLLC
Check out the newest episode of the Call Your Next Witness podcast, where Brian Gibbons interviews plaintiff’s attorney extraordinaire, fellow Bronx County District Attorney’s Office & St. John’s University School of Law alum, and all around good guy, Dan Solinsky of Edelman, Krasin & Jaye PLLC. Dan and I discuss our career paths, which began as prosecutors in the Bronx, and led us to where we are now, on “different sides of the aisle” as a plaintiff’s and defense attorney, respectively. We also talk trial practice, mediation, client management, “playing nicely in the sandbox” as attorneys, and also, important things like Mets baseball, and whether Jacob deGrom will end 2021 with more hits or wins. Available here: http://ow.ly/osSy50EQvH1 or wherever you download podcasts. We hope you enjoy, and if you’re interested in discussing podcast content, or being a guest, please email Brian Gibbons or Georgia Coats.Read More
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Kings County Suit Dismissed During Jury Selection Due to Mask Protocols (NY)
Just yesterday in Kings County Supreme Court, a plaintiff’s attorney expressed an inability to proceed with jury selection, while masked, due to inability to breathe. Counsel asked for an adjournment of trial until June. Not only did the Court deny the request, but dismissed the lawsuit outright due to counsel’s inability to proceed. The transcript of the argument which lead to the dismissal can be read here.
Dismissal of a complaint is a drastic remedy. Here, the Court had to weigh the expressed health issues of counsel against the Court’s necessity to abide by COVID-19 masking protocols, and the fact that counsel apparently had ample notice of the trial date, which prompted denial of the adjournment request.
We expect much to be written about this decision, and the (likely) eventual appeal. For now, this decision provides guidance for practitioners in NY – if your case is marked “ready” for trial, be prepared to pick a jury, while masked, or face the consequences. And an ancillary point – if you are not prepared to proceed, due to health concerns or otherwise, making that clear in advance of formal jury selection would be a best practice.
Please email Brian Gibbons with any questions.
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Jury Trials in the Age of COVID. An Insider’s View of What Courts Will Look Like.
Subject to approval from the City of Philadelphia – the Court is a tenant of the City in Philadelphia City Hall — civil jury trials are set to resume in Philadelphia this week. On Friday, as a defense lawyer representative, I had the chance to attend a walkthrough hosted by Presiding Civil Judge Anders and get a sense of what the physical setup will be. Here is a quick overview and some notes I put together. Don’t take it as Gospel truth for Philadelphia as I’m sure things will evolve as theory is turned into practice (and I know the Court is holding information sessions this week to provide information). I’m sure US courts everywhere will end up looking somewhat similar for the foreseeable future…assuming, of course, that trials actually proceed, and COVID doesn’t get worse, and… One year into being stuck at home am I a realist or a cynic? You decide. Feel free to reach out to me with any questions at rcosgrove@wcmlaw.comRead More
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