Jeremy Buchalski (Partner-New York, NY) defended common sense when an employee of our client's insured alleged that a wall of bricks fell on him while he was working. When he reported this incident, his employer smelled alcohol on his breath and he was later found sleeping in the building by a security guard. His employment was terminated the next day after he admitted that he broke into the company's temporary shed. When the plaintiff was seen at the hospital he reported that a single brick fell and struck him on the face, right wrist, and left hand. Two weeks later he filed a claim alleging injuries to his head, neck, back, both shoulders, right hand, right wrist, both hips, and his face. After several false starts, he finally provided testimony that he was rendered unconscious and carried down two floors after his accident. Not surprisingly, the judge found that his testimony lacked credibility and dismissed the claim.

Hannah Knab (Associate-New York, NY) and Jeremy Buchalski (Partner-New York, NY) knew the claim against our carrier client was fraudulent from the beginning, but they had to overcome some obstacles to get there. The claimant, an employee of the insured, alleged that he was injured using a jackhammer that struck him in the mouth and chin. He was taken from the jobsite by ambulance and seen at the hospital on the day of the accident and reported the same history. He later claimed he also injured his neck, back, and both shoulders in addition to experiencing post-traumatic headaches and TMJ. Through their investigation with the claimant's employer, Hannah and Jeremy were able to prove that he never worked on Sunday, the jobsite was closed that day, and he was picked up outside of the jobsite. Finally, our witness provided testimony that the claimant, a plumber, would not have used a jackhammer. The New York Workers’ Compensation Board found our witness more credible and dismissed the claim, a finding that was upheld on appeal.

Philadelphia of counsel Nigel Greene and Jason Rojas obtained a favorable verdict in a trial in Philadelphia County Court of Common Pleas of a motor vehicle accident involving the plaintiff, who was operating a commercial patient transport shuttle, and our insured driver, who was operating a commercial flatbed truck. As our driver passed the plaintiff’s shuttle, fencing on our client’s truck contacted the shuttle. The plaintiff claimed injuries and pursued a workers’ compensation claim. As a result, the plaintiff had a workers’ compensation lien totaling $96,729.81when she filed a civil suit against our client. Initially, the plaintiff filed her case at the arbitration division in the Philadelphia Court of Common Pleas. However, after the plaintiff received a $5,000 award, she appealed and transferred the case to the major jury division for a jury trial. At the pre-trial conference, the plaintiff made a $2 million demand. The plaintiff’s expert opined that the 30-year-old plaintiff would need a lumbar spinal fusion costing $60,000 to $100,000 and would experience pain and suffering for the rest of her life. Nigel and Jason retained a spinal surgeon who rebutted the report and stated that the plaintiff only sustained strains and sprains and did not require surgery. During trial, the judge ordered the full workers’ compensation lien be placed on the verdict sheet as required damages and directed the jury to enter a finding of negligence against our driver. Despite the adverse rulings of the court, the jury awarded the amount of the lien plus $5,000 for pain and suffering. They jury awarded nothing for future medical treatment.

James M. Burd (Partner-Louisville, KY) and Cyrus G. Dutton IV (Associate-Louisville, KY) succeeded in obtaining dismissal on behalf of a client in a case in which the plaintiff, an employee of a fuel company, delivered fuel to our client’s campus. While offloading the fuel into the appropriate tanks, the plaintiff slipped and fell off a ladder and was injured. Jim and Cyrus moved for Summary Judgment under the Workers’ Compensation Act, arguing our client was entitled to up-the-ladder immunity. Specifically, they argued that the delivery of fuel was a regular and recurrent part of our client’s business. Cyrus argued the motion, which was granted.

James Burke (Partner-White Plains, NY) and second-chair Bryan O’Keefe (Associate-New York, NY), with daily in-court assist by Nicholas Caiazzo (Partner-New York, NY), tried a damages-only case with a $25 million demand in Supreme Court, New York County. The plaintiff, a 47-year-old construction laborer claimed he was injured on a job site by a 6,000-pound pallet jack when its brakes failed and allegedly pinned him and causing a “crush” injury to his left great toe, requiring three surgeries that included failed hardware, and a multiple-level lumbar spine injury. He was awarded Labor Law 240(1) summary judgment and claimed an economic loss of $4 million and had a vocationalist testify he was unemployable. Jim, Bryan and Nick obtained excellent surveillance that showed the plaintiff acting for a three-year period completely inconsistently with his claims, and got the vocationalist to admit that in 30 years she could not recall the last time she ever helped a person get a job. They got plaintiff’s pain management doctor to admit that he did not know how to read an EMG/NCV test, and the podiatric surgeon to admit that he did not know anything about work-life disability for anything that was above the level of the knee. Our last offer to the plaintiff prior to the case going to the jury was $1.5 million, which the judge recommended, but by insisting on a verdict instead of a more modest payment that would have included a lien reduction, likely nets five figures. The jury returned a verdict for total damages at only $960,000. Moreover, since the plaintiff elected to take a verdict, he must pay a full $455,000 back to Workers’ Comp.