Miscellaneous Cases

Demand

$100,000 (2 Plaintiffs)

Offer

None

Result

Defense Verdict

Venue

Allegheny County

Judge

Farino

Attorney

Paul J. Walsh III

NFL player accused of civil assault and battery

A perennial All-Pro NFL player was accused by two police officers of assault and battery. However, these allegations were not made until the officers discovered the identity of the Defendant.

Thereafter, they sued for both compensatory and punitive damages alleging that the Defendant caused back injuries to both Plaintiffs.

The Defendant adamantly opposed these allegations and refused to settle.

A defense verdict was entered after a five day jury trial.

Demand

$1.2 million

Offer

Mediation

Result

$209,500 ($104,750 from each co-Defendant)

Venue

United States District Court,
Western District of Pennsylvania

Judge

Schwab

Attorney

Paul J. Walsh III

Product liability / lost hand on coil slitter line

The 55 year-old Plaintiff was a laborer in a steel mill assisting on a coil slitter line. We represented a component part manufacturer which made the coil slitter.

The Plaintiff’s hand was pulled into the slitter resulting in an amputation. The Plaintiff claimed combined special damages of $497,000.

The Defendants argued there was no design defect and all line guarding was the responsibility of the employer.

Demand

$1 million (as to all Defendants)

Offer

$250,000

Result

Non-suit for our client $175,000 verdict for Plaintiff as to other Defendants

Venue

Allegheny County

Judge

James

Attorney

Paul J. Walsh III

Product liability / malfunctioning power saw causes severe burns

The Plaintiff sued numerous Defendants for injuries sustained on a construction job. He was using a power saw to cut through an underground pipe. It caught on fire and the Plaintiff sustained severe burns.

Demand

Provide coverage to girlfriend of named insured

Offer

None

Result

For Plaintiff insurance company

Venue

United States District Court,
Western District of Pennsylvania

Judge

Bloch

Attorney

Adam M. Barnes

Declaratory judgment action / permissive use

A declaratory judgment action was filed by the insurance carrier seeking to disclaim coverage to the girlfriend of the insured.

It was the position of the carrier that no coverage was afforded to the girlfriend because she took the vehicle without the insured’s permission.

The jury returned a verdict finding that the girlfriend was not a permissive user of the vehicle and thus, the carrier was not obligated to provide insurance coverage.

Demand

Provide coverage and defense in companion case

Offer

None

Result

For Plaintiff insurance company

Venue

United States District Court,
Western District of Pennsylvania

Judge

Lee

Attorney

Paul J. Walsh III

Declaratory judgment action / permissive use

A friend and the named insured were drinking at a bar in West Virginia. The friend asked to borrow the named insured’s keys under the guise of retrieving his cigarettes from the locked car.

The friend and another person subsequently took the car and crashed into a tree. The guest passenger was severely injured and sued the driver.

The liability insurance carrier denied coverage on the basis that the friend was not a permissive user of the insured’s vehicle.

Following a two-day bench trial, judgment was entered in favor of the insurance company.

Demand

$200,000

Offer

None

Result

Defense verdict (tried twice)

Venue

Beaver County

Judge

Gardner (visiting)
Kunselman

Attorney

Paul J. Walsh III

Bad Faith / coverage denial

This case arose out of a collision coverage denial.

The Plaintiff alleged that the insurance carrier acted in bad faith for denying coverage on a collision claim even though the lienholder information was not forwarded as an Additional Insured.

In sum, the Plaintiff had numerous application discrepancies through either her own fault or that of her agent.

Demand

$1 million collectively

Offer

Mediation

Result

Confidential

Venue

Beaver County

Attorney

Paul J. Walsh III

Three children molested in day-care facility

This case involved a day-care facility with one of its employees alleged to have molested three children.

We investigated the matter off the record by interviewing the local police (special victims unit), the children, their parents, day-care personnel and management in addition to sending medical records to a forensic psychologist.

Our investigation led us to believe that the allegations had merit and the matter was resolved by all agreeing to mediation with full confidentiality.

Demand

$100,000

Offer

None

Result

Defendant employer’s motion for summary judgment granted

Venue

Westmoreland County

Judge

Ackerman

Attorney

Paul J. Walsh III

Employment practices / defamation

A county worker sued his employer alleging defamation after an unsatisfactory performance review.

The employer took the position that the Plaintiff had numerous unaccountable absences and had lied about the same.

Demand

Wage and medical benefits

Result

Defendant employer’s motion for summary judgment granted

Venue

Erie County

Judge

Lugo

Workers’ compensation / petition for wage loss and medical benefits

The Claimant alleged a spinal cord injury in the course of his employment as a stock person.

As this was a questionable claim, the Defendant denied benefits. Investigation of the claim revealed that the Claimant was laid off the morning of his injury and mentioned to other employees that he “might suffer an injury later on in the day”. In addition, the accident was not witnessed and the occurrence of the accident was a departure from the employer’s usual practices in handling machinery.