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.
Marc Sposato of MOODK’s Delaware office obtained an early dismissal for his client, a volunteer fire department, in an action alleging negligence arising out of the rescue of passengers in a trapped elevator. Plaintiff alleged that the fire department, while evacuating passengers trapped in an elevator, failed to maintain the elevators and premises in a reasonable and safe condition and to take reasonable steps to make the premises safe, causing Plaintiff to fall and suffer injury. Plaintiff sought recovery for past and future medical expenses, lost wages, pain and suffering, and punitive damages. MOODK filed a motion to dismiss, arguing that the fire department was immune from negligence claims pursuant to Delaware’s Municipal Tort Claims Act, for actions taken during the rescue of passengers. The fire department was dismissed from the action
MOODK Philadelphia attorneys, J. Mark Pecci, II and Casey G. McCurdy, obtained summary judgment for their client, an asbestos abatement subcontractor, in a tragic construction accident which resulted in significant injuries to Plaintiff’s left knee and leg. At the time of the injury, Plaintiff was employed by MOODK’s client, which was hired by a demolition contractor to perform asbestos abatement work at the jobsite. Plaintiff alleged that the demolition contractor left piles of debris around the jobsite which caused him to trip, fall and sustain injuries. Plaintiff further alleged that he had previously complained of the hazardous conditions created by the demolition contractor prior to the accident.
MOODK’s client was ultimately joined to the matter by the demolition contractor which sought contractual defense, contribution and indemnity from the client based upon the indemnity provision of the subcontract agreement. Following discovery, Attorneys Pecci, II and McCurdy moved for summary judgment arguing that the demolition contractor’s claims were barred by the Pennsylvania Workers’ Compensation Act, because Plaintiff was the client’s employee at the time of his alleged injury and the indemnity provision at issue lacked the necessary language waiving such protection. Specifically, the MOODK attorneys argued that the indemnification provision at issue was too broad and needed to contain express language indicating that its client would be held liable in indemnification for injuries to its own employees caused by the negligence of the demolition contractor. The attorneys argued that because there was no such express language waiving their client’s Workers’ Compensation immunity, the demolition contractor’s claims were barred. Ultimately, the Court agreed with the attorneys’ reasoning and dismissed all claims against their client, with prejudice.
Laverne L. Tucker of MOODK’s Maryland Office obtained summary judgment dismissing all claims against a therapist client who was considered a mandatory reporter of child abuse under Maryland Law. Laverne successfully argued that the client was immune from any civil liability in connection with her good faith reporting. The Court dismissed all claims against the client the day before jury trial was scheduled to begin.
