MOODK’s Pittsburgh office was successful in obtaining an Entry of Judgment Non Pros for an anesthesiologist, related to a medical malpractice claim filed in Erie County. The anesthesiologist was acting as a temporary anesthesiologist at a hospital where Plaintiff was admitted to undergo a cesarean section. The temporary anesthesiologist provided anesthetic services during the procedure. Plaintiff filed a Writ of Summons two years after the procedure, naming the temporary anesthesiologist, the hospital and other physicians, however a Complaint was not filed. Counsel for the Plaintiff withdrew their appearance prior to the filing of a Complaint, and the Court stayed the proceedings for 60 days to allow Plaintiff to obtain other counsel or otherwise file a Complaint. At the expiration of the stay, attorneys Rodgers and Holden filed a motion for Entry of Judgment Non Pros. After Plaintiff failed to respond, the Court granted the motion, entered judgment for the defendants and dismissed the case with prejudice.

Daniel Bentz, managing partner of Marks O’Neill’s Pittsburgh office, was successful in obtaining a defense verdict on behalf of a professional client in a premises liability case filed in Beaver County, PA. The Plaintiff alleged that when he arrived at the parking lot, in the evening, the outdoor lights were not functioning and the parking lot was too dark to see a singular patch of ice that was between him and the entrance to the building. The Plaintiff, who was ambulating on crutches at the time, alleged that his crutch slipped on the ice causing him to fall and aggravate his surgically repaired ankle. Among the damages sought were, pain and suffering from two subsequent revision surgeries, loss of income, loss of business income, loss of future income, and other non-economic damages. After three days of trial, the jury found that the Plaintiff was more than 51% negligent in causing his injury and harm. Therefore, pursuant to Pennsylvania’s Comparative Negligence law, the Plaintiff was barred from recovering any amount in damages from our client.     

Daniel Bentz of Marks O’Neill’s Pittsburgh office was successful in obtaining a grant of their Motion for Summary Judgment on behalf of their client in a professional liability matter filed in the Court of Common Pleas of Washington County, PA.  The Plaintiff made claims of fraudulent misrepresentation under the Unfair Trade Practices and Consumer Protection Law against the client, a real estate agent, for failure to disclose alleged previously-existing defects in the home prior to closing.  After obtaining favorable testimony through discovery, the Court agreed there was no evidence to suggest that the real estate agent had any knowledge of the defects, or was reckless as to her lack of knowledge as to the condition of the home and accordingly dismissed our client from the case. 

Daniel Bentz of Marks O’Neill’s Pittsburgh office, recently obtained a defense verdict, on behalf of a specialized seat manufacturer, following an eight day jury trial in the Western District of Pennsylvania. Plaintiff, a Class I railroad, filed suit against defendant seat manufacturer for injuries to the railroad’s employees. During trial, plaintiff alleged breach of contract, breach of warranty, and violations of the Locomotive Inspection Act based upon state claims of products liability and negligent design. Following a jury trial and post-trial motions, the Court entered a full and final judgment in favor of defendant, seat manufacturer.