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.

J. Mark Pecci, II of Marks, O’Neill’s Philadelphia office obtained the dismissal of their client from a case where Plaintiff alleged injuries as a result of our client’s construction work during the replacement of City of Philadelphia water and sewer lines. Plaintiff alleged our client was responsible for creating the hazardous condition that resulted in her alleged injuries. Through aggressive defense and investigation, Mark and Erica established our client had no role in creating the hazardous condition and we were dismissed from the case.

Marks O’Neill’s Westchester County office was successful in obtaining Summary Judgment in a NYCAL asbestos matter on behalf of our client, a boiler manufacturer.  This matter involved a living lung cancer claimant who claimed to have worked on our client’s boilers during the time he worked as an oil service man.  We moved for Summary Judgment, arguing that the testimony against the client amounted to inadmissible hearsay which could not be relied upon under any exception to the hearsay rule.  Judge Manuel Mendez granted the motion, dismissing plaintiff’s claims and any/all cross-claims against our client.