Walsh Pancio Attorney Jason Edwards obtained summary judgment resulting in the dismissal with prejudice of a negligence suit in Berks County against a local commercial property owner.
Plaintiff’s negligence claims against the local commercial property owner arose from an alleged slip and fall on the hills and ridges of the uncleared, unshovelled, unremediated, and concealed ice in February 2019 on a sidewalk adjacent to the apartment complex owned by the local commercial property owner where she lived. Plaintiff sought extensive damages for her injuries.
Jason litigated this matter over several years. Jason extensively investigated Plaintiff’s claims against the local commercial property owner and established that that was no evidence to establish Plaintiff’s claims against the local commercial property owner. In fact, Plaintiff’s own deposition testimony assisted in establishing a defense under the Pennsylvania “hills and ridges” doctrine.
Jason filed a Motion for Summary Judgment on behalf of the client and argued that the local commercial property owner was not liable for Plaintiff’s injuries under the Pennsylvania “hills and ridges” doctrine which provides that, unless snow or ice has accumulated in ridges or elevations of such size and character as to unreasonably obstruct travel and constitute a danger to pedestrians, the property owner has no duty to remove the ice or snow.
Following oral argument in September 2022, the Court agreed with Jason’s arguments and granted the Motion for Summary Judgment dismissing with prejudice all claims against the client.
Walsh Pancio congratulates founding partner, Hon. Joseph Walsh, who served as the lead trial counsel for the Plaintiff in the matter of Elliott Greenleaf PC v. Richard Demarco. The Montgomery County lawsuit involved competing claims to an $11.3 million referral fee for a personal injury settlement. Both parties filed Declaratory Judgment Actions seeking a Court declaration of their entitlement to the referral fee.
Following a non-jury trial before the Honorable Richard P. Haaz and post-trial submissions by the parties, the Court issued a written decision finding in favor of the law firm of Elliott Greenleaf and against its former employee, attorney Richard Demarco.
The Court ruled that Elliott Greenleaf was entitled to receive the entire referral fee of $11,330, 804 pursuant to a legally enforceable referral fee agreement with the law firm who settled the catastrophic injury case several years prior. The Court also found that Richard Demarco was not a party to that referral fee agreement and did not have an equitable or legal interest in the referral fee. The law firm who settled personal injury case agreed that it owed a referral fee and had held the amount in escrow pending the outcome of this case.
The case represents an important decision applying well-settled law pertaining to the enforceability of referral fee agreements between attorneys in the Commonwealth of Pennsylvania.
In a unique matter involving a claim in Bucks County, Walsh Pancio attorney Mike Lyon obtained a defense verdict following a compulsory arbitration.
The Plaintiff alleged a trip and fall on his own property that he blamed on tree roots from our clients’ property, which was adjacent to the Plaintiff’s own land. The Plaintiff alleged that our clients’ failure to treat the trees and roots led to overgrowth and encroachment on to his property, and he claimed that he tripped over that overgrowth and sustained serious lower body injuries as a result.
During discovery and arbitration, Mike was able to demonstrate that the clients had not acted negligently in maintaining their own property, and thus were not responsible for the Plaintiff’s injuries. An arbitration panel in Bucks County unanimously agreed and found in favor of our clients. The Plaintiff chose not to pursue an appeal of that decision, which is now final.
We are very excited to announce that the Honorable Joseph P Walsh recently achieved a directed verdict in favor of his client following jury selection in the Court of Common Pleas of Bucks County. This was one of the first jury trials held in Bucks County following the courthouse re-opening after closing due to COVID-19. Joe successfully argued that his client, a snow removal contractor, had no liability to a plaintiff who claimed to have slipped and fallen in a parking lot. Through effective cross examination and impeachment, the Plaintiff admitted that our client had done its job properly and within the applicable standard of care at all times. At the conclusion of the evidence, the trial judge granted Joe’s motion for a directed verdict, finding that the jury could not find that the client was negligent on the evidence presented during trial.
We are very pleased to have achieved a tremendous result for our clients in their ongoing lawsuit against Montgomery County Commissioner Joseph C. Gale in the Eastern District of Pennsylvania.
Following months of litigation and settlement negotiations, Commissioner Gale agreed to immediately cease blocking individuals from following his social media accounts, and further agreed to immediately cease deleting comments that he solely finds unfavorable made to those accounts.
The agreement, signed by all parties, was approved in an order signed by the Honorable Timothy J. Savage of the United States District Court for the Eastern District of Pennsylvania.
The order is nothing less than a thorough victory for our courageous clients, who achieved each of their desired outcomes in this litigation and ensured that their Constitutional rights–and those of Commissioner Gale’s constituents and followers everywhere–will be honored.
Walsh Pancio is proud to stand with our clients to have protected the First Amendment. Walsh Pancio is privileged to have worked with Mudrick & Zucker, P.C. in Blue Bell and the Philip Press Law Office in Norristown in the prosecution of this case.
See article from Pottstown Mercury for more.
Attorney Mike Lyon obtained a complete defense verdict on behalf of the firm’s client, a cardiologist who had been involved in a severe automobile accident on the Northeast Extension of the Pennsylvania Turnpike in Montgomery County.
Our client had been involved a two-car accident in which he accidentally lost control of his vehicle due to weather conditions and the roadway, and crashed into a concrete barrier on the side of the highway. Although he was able to move his car to the side, he was unable to move it completely off the road as there was no shoulder available due to construction activity. While sitting in the car and awaiting emergency help, the client was struck in the front end by an oncoming vehicle that had hydroplaned and could not be stopped. The driver of that vehicle brought a lawsuit against our client for negligence.
During a two-day trial, Mike established during the trial that the accident was not the result of carelessness or negligence on behalf of our client, and cross examined the plaintiff and his expert in arguing that the accident was the plaintiff’s fault. Following twenty minutes of deliberation, the jury of five women and seven men returned a unanimous verdict in favor of our client, finding that he had not acted negligently.
Bruce Pancio achieved a terrific result for our client, a driver who accidentally caused a motor vehicle accident, in a two-day jury trial in Montgomery County. Our client had admitted negligence prior to trial, and the only issue left for the jury’s consideration was the extent of the plaintiff’s damages. During trial, the plaintiff argued to the jury that his injuries were certain to be permanent and would cause long-lasting effects on his life. Through effective cross-examination and use of expert testimony, Bruce convinced the jury that the plaintiff’s injuries were unlikely to be permanent and were limited in time and duration. The jury awarded the plaintiff an amount directly in line with Bruce’s presentation, and far short of the total amount the plaintiff had demanded before trial and even further short of the amount he requested the jury award.
Following a full-day arbitration in Montgomery County, Chelsea Dearden obtained a complete verdict in favor of her client in a case where the plaintiff alleged serious and permanent injuries following a motor vehicle accident. Through her own testimony and medical records, the plaintiff alleged that she was forced to miss substantial time from work and continued to suffer agonizing and constant pain throughout her lower back and neck as a result of the accident. Chelsea, whose client admitted to negligence and factually causing the accident to occur, effectively cross-examined the plaintiff and confronted her with multiple inconsistencies in her records and presentation to show that the plaintiff had not sustained a serious impairment of bodily function in the accident. The arbitrators then entered a verdict in favor of Chelsea’s client, which the plaintiff chose not to appeal.
Following a multi-day trial in the Court of Common Pleas of Bucks County, the Honorable Joseph P. Walsh obtained a complete defense verdict on behalf of his clients, homeowners who were hosting a Memorial Day party for their neighbors and friends. The Plaintiff alleged that she had tripped and fallen over a wooden ramp that Joe’s clients had installed after the father of one of his clients had become confined to a wheelchair and needed access to the house. The Plaintiff alleged that she was permanently disabled as a result of the alleged fall. Through cross examination of the Plaintiff, direct examination of his own clients, and expert witness testimony and reports, Joe convinced the twelve person jury that his clients had not acted negligently in the design, implementation, or construction of the ramp. The jury returned a unanimous verdict on behalf of Joe’s clients.
The Honorable Joseph P. Walsh and Jason Edwards obtained summary judgment resulting in the dismissal with prejudice of a breach of contract suit filed in Montgomery County against a local Township. Plaintiff’s breach of contract claim against the Township was based upon allegations that Township supervisors violated a Confidentiality provision in a Separation Agreement between Plaintiff and the Township. Plaintiff sought damages exceeding $50,000. Although both parties filed motions seeking judgment in their favor, Joe and Jason argued that the Plaintiff had failed to establish harm to his reputation and that his alleged damages were speculative. The Court agreed with Joe and Jason’s arguments, and dismissed Plaintiff’s case with prejudice.
Mike Lyon obtained a defense verdict following a jury trial in Montgomery County involving a severe automobile accident in Montgomery Township, PA. The Plaintiff in the case alleged severe and permanent injuries following an accident in which her vehicle was struck from the side by Mike’s client. Mike used Plaintiff’s own medical evidence and admissions during discovery to effectively cross examine the plaintiff during trial, and argued that her injuries did not amount to a serious injury. The jury returned a verdict in favor of Mike’s client and found that no serious injury requiring compensation had occurred. The court entered judgment on the verdict, and Mike continues to litigate the matter through post-trial motions.
In case involving a multi-car accident and several parties, Chelsea Dearden obtained a complete defense verdict following arbitration in a case in Bucks County. The plaintiff alleged that he suffered serious and disabling injuries following an accident in 2013 after having been struck in the rear by another vehicle. The driver of the striking vehicle separately alleged that Chelsea’s client then struck his vehicle, and claimed that the second impact caused Plaintiff’s injuries. Through the use of medical records, photographic and documentary evidence, and the parties’ testimony as to the accident, Chelsea convinced the arbitration panel that her client’s actions were not negligent and were not the cause of any injuries suffered by the plaintiff. The arbitrators found that the initial impact was the sole cause of plaintiff’s damages, and entered a verdict in favor of Chelsea’s client, which none of the parties chose to appeal.
Bruce Pancio obtained a complete defense verdict in a premises liability case that involved disputed issues of liability, causation, and damages. The plaintiff alleged that he had been caused to slip and fall due to water that he had alleged ran in front of Bruce’s client’s property and froze over during the winter. Through a multiple day trial, Bruce convinced the jury that his client had not acted in a negligent or improper manner. The jury returned a verdict in favor of Bruce’s client.
Bruce Pancio obtained a favorable jury verdict in an underinsured motorist (UIM) case in Delaware County that involved heavily disputed issues of causation and damages. The plaintiff in the case alleged that she had suffered significant injuries after a motor vehicle accident in 2015. After recovering damages from the third party tortfeasor, the plaintiff sought to recover UIM proceeds from her own insurance policy and demanded for the full UIM policy limits. In defending the case, Bruce used medical records, the plaintiff’s own testimony, and expert evidence and argued that the plaintiff’s injuries were not severe such that the full policy limits available to her should have been awarded. The jury awarded the plaintiff damages significantly below the policy limits of the case and under what she had previously demanded. Bruce continues to litigate the matter on appeal.
The Honorable Joseph P. Walsh obtained a defense verdict after a multi-day trial in the Court of Common Pleas of Bucks County. The plaintiff alleged that she sustained serious and permanent personal injuries after falling into a retention basin bordering the defendant’s property. Joe convinced the jury that his clients had not acted in a negligent manner, and that the Plaintiff had trespassed on to his clients’ property prior to being injured. The jury returned a full defense verdict in favor of Joe’s clients, which the plaintiff has not chosen to appeal.