J. Mark Pecci, II and Andrew J. Milisits of MOODK’s Philadelphia Office obtained dismissal of all claims brought against a client in trip and fall case filed against multiple parties. The attorneys were able to produce evidence that situs of the alleged fall was located outside the premises owned and maintained by the client. Upon production of the evidence, Plaintiff agreed to dismiss all claims against the client.

After a 5-day trial in Chester County, PA, Mark Merlini and Mike Joyce of MOODK’s Philadelphia office secured a defense verdict in favor of a chiropractor in a case involving claims that negligent chiropractic manipulations damaged a 45-year-old patient’s cervical vertebral artery resulting in a dissection and stroke.  Although the patient was left with permanent deficits from the stroke, the defense was able to prove that the chiropractic treatment had nothing to do with the patient’s outcome. 

Attorneys Fabio Sciarrino and ­­­­­Mark Merlini, Jr. of MOODK’s Philadelphia office obtained a dismissal with prejudice on behalf of their client, a flea market organizer, in a products liability claim. Plaintiff was injured when the tires on his used snowblower exploded during inflation. Plaintiff claimed that the snowblower, which was purchased from a flea market, was defective and subject to a recall.  In their complaint, they argued that secondhand retailers (i.e. thrift shops, flea markets, garage sales, etc.) not only have a duty to disclose “defective or unsafe operating conditions” but also to “realize” those unsafe conditions.  In the pleadings stage, the case was removed from the Court of Common Pleas to the Eastern District of Pennsylvania where MOODK attorneys successfully argued that Plaintiff had fraudulently joined their client in the lawsuit and, furthermore, Plaintiff’s theory about the standard applicable to secondhand retailers, is untenable and a reach of current law.   In its opinion, the Court held that there was “simply no basis … in Pennsylvania law” to require secondhand retailers to inspect “seemingly legal, safe, and ordinary products to ensure they are not subject to recall or are otherwise dangerous.”

Mark P. Merlini, Jr., and Michael J. Joyce of MOODK’s Philadelphia office obtain summary judgment dismissing all claims against a physician client and his practice group. Plaintiff claimed that negligent physician, mid-level provider and nursing care led to development and progression of a stage IV pressure injury ultimately resulting in sepsis and death.   Despite production of an expert report implicating the alleged conduct of our clients, we successfully argued that orders attributed to the physician and his practice were unrelated to the alleged skin care at issue. Because of the strong pleading and motion practice, while claims against 2 other physicians and multiple entities are set to proceed to trial, MOODK’s clients have been dismissed with prejudice.