Noteworthy Cases

I.E. and her boyfriend were served while visibly intoxicated at Defendant’s bar, which is a violation of the Pennsylvania Dram Shop Act. They left together and got into an argument in the bar’s parking lot. Boyfriend sped off while I.E. was holding onto the outside of his truck. I.E. fell from the truck sustaining fatal injuries. Boyfriend failed a field sobriety test in the parking lot moments later. Defendant, bar owner destroyed the surveillance videos that would have shown that I.E. and boyfriend were served while visibly intoxicated.

F.D. was J-walking across a four lane street in a commercial, 25mph zone. He crossed the eastbound lanes and paused on the double line to allow a westbound vehicle to pass. At that moment, an eastbound van passed F.D. from behind with such speed and force that the side view mirror broke off as the van fled the scene. F.D. spent 4 months in a rehabilitation hospital recovering from his orthopedic surgeries.

Z.H. and her husband were vacationing at a resort on the west coast of Mexico. While walking hand in hand on the resort’s private beach, a rogue wave swept Z.H. from her husband’s arms and pulled her out to sea where she drowned. Investigation revealed that the resort company was well aware of the rogue wave phenomenon and failed to warn of the danger.

J.E. suffered a fractured hip when tripping on defectively designed aisles and steps in the grandstands of a major racetrack facility.

S.T.’s car was disabled on the shoulder of an interstate highway, near a curve in the road. While S.T. was exiting his vehicle, he was struck and killed by an alcohol and drug impaired operator of a vehicle speeding around the curve

M.Q., a 30 year old social worker and single mom, was incorrectly diagnosed with cancer. While attempting to insert the chest port through which M.Q. would receive chemotherapy, her physician negligently punctured a vein near her heart. M.Q. went into cardiac arrest and suffered a prolonged deficit of oxygen to her brain. M.Q. remains in a vegetative state, requiring 24/7 care.

Baby H. choked to death while his mother struggled to give birth. It took the obstetrician 3 hours in the middle of the night to manage a 10 minute drive from his home to the delivery room. Investigation revealed that the hospital administration knew that the obstetrician abused alcohol, even while on call, but permitted him to maintain his hospital privileges.

A.T. was receiving subcutaneous Norplant therapy at the OBGYN Clinic of a major hospital. While an untrained resident attempted to remove the Norplant capsules from A.T.’s arm, she seriously and permanently injured a branch of A.T.’s ulnar nerve.

F.S. was a successful young surgeon who had built a thriving practice. Four years after he received his professional license, F.S. received notice from the licensure authority to CEASE AND DESIST from his surgical practice because it had been determined that he cheated on his licensure examination. Trial revealed that the government’s statistical evidence was flawed.

E.B., a post-polio syndrome patient, suffered a broken femur because the hospital’s physical therapist failed to possess the training and experience necessary to treat patients who are compromised by this condition.

N.X. is a developmentally disabled adult on a fixed income. He went to a local dentist for a check-up. Dentist had a business relationship with a cosmetic dentistry finance company who together, sold N.X. a bill of goods. The dentist’s staff signed N.X. up electronically for thousands of dollars worth of dental veneers, which were applied to N.X.’s teeth without treating his underlying advanced periodontal disease.

M.D. is a blind professional who traveled to his office by public transportation by utilizing his memorized route and his white cane. While walking his usual route from his bus to the elevated line, a bus ran over and PARKED UPON his right foot. M.D. relied upon the White Cane Law, which provides for the highest duty of care to those who carry one.

X.C. had just been discharged from the hospital after receiving some complicated abdominal surgery. He was sitting on his front steps when a transformer exploded at the top of a nearby utility pole. A live wire fell, twisting like a snake towards X.C. who ran down the sidewalk for cover. While he escaped electrocution, his recovery from surgery was seriously compromised.

B.N. rear-ended by a truck that sent her sedan flying for 30 feet. She had chronic neck and back problems ever since. Several years later, she was involved in another collision, causing her back problems to worsen. B.N.’s MRI studies corroborated her complaints of increased pain. Such proof is sufficient to recover damages. The law recognizes that we are not necessarily in perfect health at the time we are involved in an accident.

V.N. tripped and fell down a defective set of steps, suffering chronic pain in her back and legs. Although her diagnostic studies concluded that she was healed, her neuropsychologist established that V.N.’s pain was nevertheless real and disabling.

S.T. worked a loading dock at a furniture outlet. The angle iron edge on the dock was tilted upward from being struck by the trucks and from the deterioration of the concrete, causing a tripping hazard. S.T. tripped while carrying a sofa, causing his left leg to shoot straight down between the truck and the edge of the dock. S.T. developed reflex sympathetic dystrophy in his left foot and ankle, which was treated by the surgical implantation of a dorsal column stimulator into his spine.

U.W. was a longshoreman who suffered a crushed spine when he was struck by lumber being moved by a crane in the hold of a ship. What first appeared to be the crane operator’s negligence, ultimately proved to be a failure of the ship owner to maintain the hydraulic pressure lines that were necessary to halt the crane’s movement.

T.M. was an electrical utility worker who was spraying a degreaser on switches carrying 13,000 volts. The electricity arced through the spray and severely burned T.M. Although the manufacturer of the spray advertised that it was not electro-conductive, field and laboratory testing demonstrated that the ingredients became electro-conductive when aerosolized.

X.K. was a warehouseman for oxygen and acetylene compressed gas cylinders used for welding and demolition. The cylinders were manufactured and sold as a “12-pack.” Twelve of these high pressure cylinders were tied into a metal frame and mounted on wheels. The caps were then removed from the cylinders, which were manifolded together. When X.K. pushed the 12-pack up a ramp, it became top-heavy and began to fall toward X.K. If it fell over X.K. knew he could have 12 torpedoes on his hands. He exerted such force to right the load that he irreparably tore his left brachial plexus, a bundle of nerves in his chest. He developed reflex sympathetic dystrophy, from which he has not recovered.

B.N., a furniture salesperson, was turning on the showroom lights by flipping switches in the 220 volt circuit breaker box. One of the switches gave her a severe electrical shock and caused her to suffer permanent neuromuscular injuries. Defendant-landlord replaced the switch, which he described as loose. He then THREW THE SWITCH AWAY, instead of preserving this evidence for inspection. This spoliation of evidence was instrumental in developing B.N.’s case.

O.B. was only 8 years old when he found himself chasing his ball into an open and unprotected railroad yard. He sat down on a large metal plate that was fastened to an abutment. Investigation revealed that the plate was a make-shift repair to hold a 10,000 volt high tension wire in place. The electricity arced through O.B.’s leg and out through the plate on which he sat. O.B. survived for 90 days. The railroad was shown to have failed to protect O.B. from the danger.

E.D. was sitting on a bridge abutment, a beer in one hand and his tunes in the other, when he fell to his death. He easily gained access to his perch through an old fence that was no longer maintained. Three different transportation companies and a municipality compensated E.D.’s survivors. To this day, not one of those companies or the municipality admits to owning the fence or that spot of land from which E.D. fell.

M.C. suffered severe emotional trauma upon discovering that her funeral director sold body parts from her father’s corpse. M.C. entrusted her father’s remains to the funeral director for proper burial, as required by her church’s doctrine. M.C. was further traumatized to learn that after the desired body parts were harvested, the balance of her father’s remains were cremated in order to destroy the evidence.

T.X. was held at gunpoint by his employer during a collective bargaining agreement negotiation session. With the pistol pressed to the side of his head, employer pulled the trigger. The pistol jammed and T.X. lived to tell his story.

W.T., an Official Court Reporter, was slandered by an attorney whose client offered inculpating testimony at his pre-trial deposition. Rather than acknowledge his client’s culpability, attorney attempted to accuse W.T. of intentionally altering the official transcript.

X.S. was a longshoreman, husband and father of three who was incarcerated at a State prison facility when he suffered a massive heart attack. Investigation established that the prison had no security protocol for potentially fatal health emergencies. Experts in public health and emergency medicine rendered their opinions that had X.S. not been denied access to advanced emergency cardiac care, he could have survived.

S.H. was a brilliant, world class chess master. He was also an eccentric street person. One day, while sleeping in the gutter, S.H. was severely beaten with a baseball bat by a municipal police officer. S.H.’s accusations were not believed until the officer’s pattern of violence against street people was investigated.

H.I. was struck by a sedan while a pedestrian, suffering a head injury that necessitated the removal of a portion of his skull and brain. H.I.’s family hesitated to pursue his case because of concerns over his immigration status. H.I. is entitled to the same protections against the negligence of others as is afforded to any United States citizen.

U.N.’s family dentist failed to timely diagnose and treat her periodontal disease, resulting in pain and tooth loss that could have been avoided.

* All clients’ initials are fictitious to assure their privacy and confidentiality.

Contact Steve Gitman