Cipriani & Werner attorneys recently obtained a defense verdict on behalf of a large retail client, concluding a six and one-half week civil trial in the United States District Court for the Middle District of Pennsylvania. In this complex premises liability case, the Plaintiff alleged that she suffered severe neck and head injuries when a candy dispensing bin became dislodged and struck her at our client’s flagship store in Times Square, New York City.
Plaintiffs sought in excess of twenty million dollars in future lost earnings, in addition to tens of millions of dollars in past and future pain and suffering, psychological damages, medical expenses, loss of household services and loss of consortium. Plaintiffs were represented by an experienced, accomplished and well-respected Plaintiffs’ attorney and his large trial team (five attorneys and three paralegals), who enlisted an army of expert witnesses in trying the case including two mechanical engineers, three biomechanical engineers, two orthopedic surgeons, two physiatrists, a radiologist, a psychiatrist, a psychologist and three economic damages experts, among others.
The Cipriani & Werner trial team, led out of our Scranton office by partner Judy Moses (partner, Pittsburgh), also included Lauren Dobrowalski and Daniel Stofko. Given the magnitude and reach of the Plaintiffs’ claims, our trial team was confident in knowing that it had access to the extensive experience and expertise of our attorneys and staff, firm-wide, in meeting all the demands of this complex litigation.
Prior to trial, our trial team was successful in arguing that the law of the State of New York apply to this case. This victory was critical to our client’s interests, as New York previously enacted tort reform measures that presented favorable law to our client’s position both in terms of negligence in a premises liability case and in terms of reduction and structuring of any potential jury verdict.
The trial began on August 15, 2011. Thereafter, the trial proceeded with weeks of highly technical engineering, medical, and economic testimony, litigation of complex legal and procedural issues, and extensive argument on matters of evidence. On September 27, 2011, after more than six weeks of testimony a jury of nine returned a unanimous verdict, finding that our client was not negligent.
Needless to say, this litigation involved innumerable complex issues of law and trial practice which required the absolute utmost in legal skill, experience and resources to address. The law firm of Cipriani & Werner is incredibly proud to provide all of our clients with the absolute best legal services available.