Philadelphia, PA
Litigation Lawyer at Philadelphia, PA
Practice Areas: Litigation, Ethics & Professional Responsibility ... +9 more
OUTCOME: Favorable
Represented a demolition contractor hired to demolish a building adjacent to a retail store. The building collapsed during demolition on to the retail store. The case resulted in a trial lasting appr ... oximately 5 months and had a favorable result for the client.
OUTCOME: Defense Verdict for Client
Bryan P. Werley, Esquire recently obtained a defense verdict for his client, a maintenance company, which was hired to perform certain maintenance functions at a Center City high rise office building. ... The building management and building owner were also named as Defendants. Prior to trial, Plaintiff made a multi million dollar demand, claiming that her knee injury forced her to retire early and that she would not be able to work for the remainder of her life. She was injured when she stepped on a cast iron walkway which cracked. There was evidence that the crack could only have happened when a truck, dumpster or other heavy object was dropped on the cast iron. Plaintiffs argued it had existed for some time and would have been obvious to anyone performing inspections. Werley argued that the owner and management company only required his client to perform visual inspections. Although Plaintiffs’ experts, a metallurgist, a structural engineer and a property management expert, all opined that the cast iron would have had to break long before the accident occurred. Through Werley’s cross examination of the metallurgical expert, he forced the expert to admit that the physics of the accident made it possible that the load applied to the cast iron caused a crack, but not a fracture, of the cast iron, leaving the crack undetectable to a visual inspection. Testimony was elicited from Plaintiff herself on cross examination that she was looking at the cast iron walkway as she stepped on it and observed no cracking. Werley argued to the jury that the cast iron could have been cracked, but was not yet fractured until Plaintiff stepped on it and that his client would have had no reason to observe through its visual inspections that the crack had occurred. The jury returned a verdict against the building owner and management company, but agreed with Mr. Werley that his client was not negligent.
OUTCOME: Favorable
Following a five day jury trial and three hours of deliberation, in the matter of Corbitt v. Tipton Trucking Company, et al., a Philadelphia jury returned a verdict in the amount of $33,648.95 – almost ... $700,000 less than the Plaintiff’s last demand for settlement. The Defendants were represented by Theodore Schaer and Bryan Werley of Zarwin Baum DeVito Kaplan Schaer Toddy, P.C. The Insurance carrier was State National Insurance and the TPA was Fleming and Hall, LTD. The case arose from an accident that occurred in 2009 on Route 1 in Penn Township, Chester County, PA in which the Defendants’ tractor-trailer rear-ended the Plaintiff’s vehicle, causing significant damage to the vehicle and multiple injuries to the Plaintiff. The Plaintiff attempted to present evidence from neurologist Dr. Steven Grossinger that supported the claim that the accident resulted in multiple disc herniations to the Plaintiff’s spine. According to this claim, the injury necessitated a lumbar fusion surgery and spinal injections for the rest of the Plaintiff’s life. The Plaintiff also alleged a claim for medical bills paid to date totaling nearly $80,000, and future medical care totaling $275,000. What’s more, the Plaintiff presented a vocational expert, Dr. Mark Lukas, and an economist, Chad Staller, who opined, based upon Dr. Grossinger’s opinions, that the Plaintiff was only able to engage in light sedentary work. This would result in an estimated future wage loss of $25,000 per year and loss of fringe benefits. In total, the jury was presented with special damages in excess of $1.3 million. Despite the Plaintiff’s allegations of significant damages, Schaer was able to persuade the jury that the majority of the alleged injuries and medical treatment were due to pre-existing degenerative disc disease and not to the impact from the tractor-trailer. Says Schaer, “Truck accidents cases are extremely difficult to defend because so many drivers have negative feelings about trucks on our roadways. Bryan and I felt that we would overcome this prejudice if we were able to prove that the Plaintiff was overreaching with her claims and simply trying to take advantage of the accident as a means for her to go through the rest of her life without further employment.” Prior to trial, the Defendants admitted liability and offered $400,000 to settle the lawsuit. Ultimately the Plaintiff rejected the offer, but lowered her demand from 1 million to $750,000. Nevertheless, State National and Fleming refused to increase the offer and the case was submitted to the jury only on the issue of the extent the accident caused the Plaintiff’s injuries, in light of her pre-existing degenerative disc disease which had necessitated a lumbar laminectomy more than 10 years earlier. The Defendants relied upon the testimony of neuroradiologist Dr. Michael Brooks, orthopedic surgeon Dr. Neil Kahanovitz, and neurologist, Dr. Lawrence Kerson.
OUTCOME: Summary Judgment in client's favor
Obtained summary judgment in claim brought by a bus passenger filed in Federal Court.
OUTCOME: Favorable
Obtain summary judgment in claim brought against national store chain.
OUTCOME: Defense verdict
Obtained defense verdict following jury trial in federal court.
OUTCOME: Favorable
Won summary judgment in matter where Plaintiff alleged serious injuries in a slip and fall at a retail store.
OUTCOME: Favorable
Won jury trial on behalf of a store in case where it was alleged the Plaintiff was injured due to the design of the store's floor plan.
OUTCOME: Favorable
Won jury trial in case where Plaintiff alleged she was injured due to debris in a parking lot.
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
