Attorney Philip L Faccenda's Legal Cases

Defective and dangerous products

Martorana vs. Voorhees Township

N/A

OUTCOME: Jury Verdict for Plaintiffs $2.7Million.

Plaintiff family resided in an area that was subjected to repeated flooding due to an improperly installed storm drainage system that was modified negligently by a private engineering firm. Damages wer ... e to the value of the home and personal injuries to the family. The Township refused to make any corrections, allowing the home to be flooded over 4 times in 5 years. Verdict was against both the township and their engineers.

Insurance

Osmundsen v. B Foods, et al.

N/A

OUTCOME: After filing suit, case settled for the disability benefits promised

Plaintiff was an employee who requested that his employer purchase long-term disability insurance that they offered. Employer withheld premiums from his paycheck but did not purchase the promised insur ... ance. His claim was denied after becoming disabled.

Ethics and professional responsibility

Schaeffer vs. John Doe, Esquire (fictitious name)

N/A

OUTCOME: Legal malpractice claim settled for undisclosed amount.

Driver was injured in collision with electric company truck. Accident was fault of company. Electric company sued Driver for property damage. His lawyer did not make sure case was properly defended, in ... tending to dispute fault in his injury suit. Property damage case was lost. Because no defense was made, driver was barred by law from bringing later suit for severe injuries. Legal malpractice claim was filed against attorneys for allowing rights to be lost and claim barred.

Wrongful death

Berth v. Compex Corporation

N/A

OUTCOME: Case settled for $902,500.00

38 Year-old engaged woman was killed in a head-on collision. Her fiance and parents were passengers. Ms.Berth died while on route to emergency medical care. Liability was established against at least 3 ... different insurance carriers who provided coverage for the other driver, his employer, and relatives at whose home he was living.

Ethics and professional responsibility

Mary Roe (fictitious name/confidentiality) v. John Doe, Esquire (fictitious name)

N/A

OUTCOME: Case settled for $475,000, making her total recovery $715,000 equal to 3 times the original sum.

Legal Malpractice: Female union painter was disabled when struck by an unattached security door that fell on her while working. She filed both a Workers Compensation case and a lawsuit. Her lawsuit set ... tled in 1994 but her workers compensation case continued. During a hearing on the WC case, the insurer learned that her lawyer did not pay back a WC lien as required when negligence cases settle. WC stopped her benefits and she hired Faccenda Law Firm, LLC. We learned also that her initial case was settled for an inadequate amount. Suit was started against her attorneys for settling the earlier case for an inadequate sum and for failing to properly resolve the WC insurer's claim for reimbursement. Case recovery was in addition to the amount the worker received from the first settlement, which we contended was inadequate.

Workers compensation

Caffaro v Related Management Co.

N/A

OUTCOME: Case settled for periodic payments valued at $200,000.

Mr. Caffaro injured his knee in a fall during the course of his employment. He filed a workers compensation claim and received some non-surgical treatment. He later developed a pulmonary embolism that ... caused his unfortunate death. Extensive medical investigation enabled us to establish that the original knee injury caused the blood clot, although it was several years earlier.

Defective and dangerous products

Kondryla v. Shelter Systems, Inc.

N/A

OUTCOME: Settlement for $1,091,500.00

An independent truck driver shattered his hip in a loading accident. He was securing roof trusses on a trailer when a winch bar broke, causing him to fall to the ground, injuring his hip. Shelter Syste ... ms was the seller of roof trusses that supplied the driver with the winch bar for use on its trailers. The driver required a hip fusion initially, but that failed, and he had to have a total hip replacement, and was unable to work. We sued Shelter Systems under theories of products liability and negligence. Jury trial found against Shelter Systems 100% on liability, in favor of the driver. Prior to jury trial, a separate trial was held to determine whether plaintiff should be considered an employee [and thus not entitled to sue, but be limited to workers compensation] or an independent contractor, and thus entitled to sue. Trial determined he was an independent contractor.

Personal injury

O'Connor v. Graham and Silver

N/A

OUTCOME: Settlement for $455,000.00

6-year old boy was severely injured when struck by an auto on a road near where several children were playing. The driver contended her view was obstructed by a van that was improperly parked facing tr ... affic on the roadway containing one lane in each direction and no parking lane. The striking driver became distracted because the presence of the van driver in the illegally parked vehicle caused her to think the van was about to pull into the roadway. The boy sustained a severe ankle fracture requiring 3 surgeries involving leg-lengthening procedures with extensive periods of rehabilitation. Both drivers' insurers contributed to the recovery.

Workers compensation

Taylor v. Stratford Nursing Home and Convalescent Center

N/A

OUTCOME: Following a trial, including medical experts, the court found in favor of our client, the emloyee who was injured in the course of her work.

Petitioner was injured in the course of her employment, suffering a severe knee injury. Although the employer did not dispute the injury, it claimed it was not incurred in the course of employment. ... CP# 95-24985 Taylor v. Stratford Nursing and Convalescent Center. http://lwd.dol.state.nj.us/labor/wc/legal/cases/taylor.html

Insurance

Scotti vs. Prudential Welfare Benefits Plan

N/A

OUTCOME: The federal Court ruled that the evidence was sufficient for trial.

Employee sought disability benefits under a long-term disability insurance policy due to medical condition. The insurer attempted to have the case dismissed, claiming it properly denied the claim and t ... hat the insured allegedly could not prove their denial was an abuse of discretion. Scotti v. PRUDENTIAL WELFARE BENEFITS PLAN, Civil No. 08-3339 (RMB) (D.N.Y. July 23, 2009). http://scholar.google.com/scholar_case?q=scotti+v+Prudential&hl=en&as_sdt=3,31&case=14698141899739508625&scilh=0

Philip L Faccenda's Legal Cases (12)

Martorana vs. Voorhees Township

Osmundsen v. B Foods, et al.

Schaeffer vs. John Doe, Esquire (fictitious name)

Berth v. Compex Corporation

Mary Roe (fictitious name/confidentiality) v. John Doe, Esquire (fictitious name)

Caffaro v Related Management Co.

Kondryla v. Shelter Systems, Inc.

O'Connor v. Graham and Silver

Taylor v. Stratford Nursing Home and Convalescent Center

Scotti vs. Prudential Welfare Benefits Plan