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If At First You Don’t Succeed. . .

We’ve all had one, a pro se condo commando files a multi-hundred page kitchen sink complaint. The first reaction is to brush it off. Then one gets to thinking . . . Is there a duty to defend? To indemnify? If so, for what? Two, four, six or more years later defense counsel says yes, we want this over too — we are trying, we really are but he keeps filing stuff, the guy won’t go away … In...Read More

Call Your Next Witness – When Standup and Jury Selection Meet (Mike Rabinowitz)

How similar are jury selection and performing stand-up comedy?   This question has probably occurred to anyone who has ever selected a jury, particularly in a civil case where there is no judicial presence in the room.  In this episode of Call Your Next Witness, we have the perfect guest to delve into this topic with us! Mike Rabinowitz is no stranger to being in front of an audience, whether...Read More

Call Your Next Witness – Dr. Justin P. Schorr

On this week’s episode, Georgia Coats and Brian Gibbons interview Dr. Justin P Schor an engineer and collision reconstruction expert with DJS Associates, Inc. — a family owned forensic engineering firm where Dr. Schorr has worked since he was a child.  In addition to his collision reconstruction and biomechanical experience, we spent much of the interview discussing autonomous...Read More

WCM Counsel Jim Scott Elected President of Pennsylvania Defense Institute

James W. Scott, Jr., Counsel in the Philadelphia office of Wade Clark Mulcahy LLP, was elected President of the Pennsylvania Defense Institute at its Annual Conference at the Omni Bedford Springs Resort in Bedford, PA. PDI is the statewide organization of civil defense counsel and insurance professionals.  Jim is a past President of the Philadelphia Association of Defense Counsel.  As such, he...Read More

Call Your Next Witness Podcast- Jessica Zimmerman

Today’s guest on the Call Your Next Witness podcast, Jessica Zimmerman, is a former prosecutor, civil defense attorney and third-party administrator.   She now works directly for an insurance company.   Her varying perspectives viewing the world of litigation, both as a litigator and risk manager, give Jessica unique insights toward how we evaluate  and defend claims.   Did Jessica...Read More

Call Your Next Witness – Winter Wheeler and Brian Gibbons discuss Mediation Strategy and Tactics

On the July 1, 2021 episode of Call Your Next Witness, Brian Gibbons interviews Atlanta-based mediator Winter Wheeler. In addition to being a mother of 4, Winter is a former litigator who started her own mediation practice just before the onset of COVID.   Circumstances being what they were, Winter quickly realized that becoming “fluent” in remote mediation was a necessity, so she...Read More

Nursing Homes Win “Cognitive Awareness” Standard for Pain and Suffering Damages (NY)

What must a jury determine to award pain and suffering damages when a nursing home does not provide the proper standard of care? In a recent New York Appellate Division decision by the First Department, a new trial was ordered for a claim seeking pain and suffering damages in which the Northern Manhattan Nursing Home Inc was accused of failing to properly monitor a patient’s blood sugar levels...Read More

Call Your Next Witness – Angela Levitan of ARCCA Discusses Biomechanical and Human Factors Analysis

Generally, I’m amused by the term “human factors” in the context of expert testimony.  Doesn’t everything involving people necessarily involve human factors?    When I was a prosecutor, I was similarly amused by the “Anti-Crime” police unit.   As opposed to the “pro crime” unit?    Apologies for the Faulkner-esque stream of consciousness...Read More

No Notice Means No Recovery in NY

In Barreto v. 750 Third Owner, LLC, 2021 NY Slip Op 02868 (1st Dept. 2021), the plaintiff slipped and fell in a commercial building’s lobby due to rainwater. Defendants argued that they had no constructive or actual notice of the defect on the floor because a record search did not show any complaints about water on the lobby floor prior to the accident. The defense further argued that a...Read More

Court Upholds Highest Damage Award for TBI Injury (NY)

Recently, courts have begun to uphold increasingly high damage awards for plaintiffs’ injuries indicating a change into the modern era where the cost of living and earnings have increased, reflecting the ability of defendants to pay more.   In the case of Perez v. Live Nation Worldwide, Inc., 2021 BL 134621, N.Y. App. Div. 1st Dep’t, No. 13579, April 13, 2021, a Manhattan judge reduced a...Read More