After a five day jury trial in the United States District Court of Connecticut, on August 29, 2013, a jury returned a full defense verdict finding for defendant, a manufacturer of corrugated stainless steel, on all counts and against plaintiff, as subrogee of the homeowners.  Dawn Courtney Doherty, Esquire of Marks, O’Neill, O’Brien, Doherty & Kelly, P.C., serving as national counsel, successfully defended against claims arising under the Connecticut Product Liability Act. The jury rejected Plaintiff’s arguments that the design of the corrugated stainless steel tubing was unreasonably dangerous and that they did not provide adequate warnings and instructions of the risks associated with the product.  Defendant was able to show that its product was improperly installed in the residence in contravention of its installation instructions. The jury awarded the plaintiff nothing in damages notwithstanding Plaintiff’s claim of approximately $1,500,000 in damages.  Currently pending before the Court is defendant’s application to tax costs.

Mark Merlini successfully argued a Motion for Summary Judgment on behalf of a hospital before the Honorable Sandra Mazer Moss in the Philadelphia Court of Common Pleas. Plaintiff, a 40 year old male, claimed that he was negligently discharged from the Emergency Room after sustaining a tibial plateau fracture and that he developed a serious medical condition, compartment syndrome, as a result. Plaintiff’s demand was $10 million. Plaintiff’s counsel took the position that he did not require standard of care expert testimony in the case because the alleged negligence was obvious.

Therefore, Plaintiff’s counsel intended to rely upon the testimony of a neurologist to establish that the failure to admit the patient resulted in the claimed damage to the patient’s leg, which ultimately resulted in several surgeries. The Court agreed with the defense position and ruled that expert testimony on liability was required and that the Plaintiff’s neurology expert was not qualified to offer expert testimony regarding emergency room care. All claims against the hospital and Co-Defendant ER Physician were dismissed with prejudice following oral argument.

On June 10, 2013, the Delaware Supreme Court affirmed the Court of Chancery’s dismissal of a lawsuit filed by citizens of the Town of Dewey Beach, Delaware seeking to overturn the settlement of an earlier lawsuit brought against the Town by a property owner seeking to redevelop a parcel of land within the Town.

The court en banc heard oral argument in Murray v. Town of Dewey Beach, et al. on April 10, and issued an opinion applying a statute of repose found at 10 Del. C. §8126 to hold that the Plaintiffs’ claims were untimely and therefore barred.  In so holding, the court agreed with the arguments advanced by the Town and the property owner, that 10 Del. C. §8126, which provides that challenges to certain types of land use actions must be brought within 60 days after public notice of the actions, was intended to be broadly construed.

Megan Mantzavinos, Esquire, a partner in Marks O’Neill’s Delaware office, argued the case on behalf of the Town of Dewey Beach.

Congratulations to Kevin O’Brien and Joe O’Neill for being selected as Pennsylvania SuperLawyers 2013.  And, congratulations to Daniel Bentz for being included as Pennsylvania Rising Stars 2013.  The Rising Star designation is for attorneys under the age of 40.