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Personal Injury

Alfiero v. Berks Mutual Leasing Co., 500 A.2d 169 (Pa. Super. 1985). Insurance Companies Forced to Pay Amount Insured Agreed to Pay to Protect Personal Assets. Sol Weiss and Paul Anapol achieved a landmark decision in which CNA Insurance Company was forced to pay an amount its insured agreed to pay to protect its personal assets. CNA argued unsuccessfully that it had no legal duty to indemnify the insured until it personally paid the judgment. This precedent has helped both victims and small corporations settle serious personal injury cases when the insurance company would rather delay or unjustly deny payment.

Automobile/Truck/Motorcycle Accidents

$2.5 Million Dollar Award from Arbitration in Automobile Accident Case. Joel Feldman earned a $2.5 million dollar award from arbitration in an automobile accident. The plaintiff, a self-employed landscaper, suffered fractures to his thigh, knees, lower legs, toes, as well as internal injuries, including the loss of his spleen, as a result of a motor vehicle accident. Although he was employed as a landscaper, our client wanted to become a police officer, and had taken the initial steps toward doing that. As a result of his injuries, he would never be hysically capable of fulfilling his desire to work in law enforcement, and was unable to finish the testing. Joel proved our client's loss of future earnings - comparing his potential salary as a police officer with his wagers as a landscaper - using vocational experts.

$2 million dollar award in automobile accident. Joel Feldman and Paul Anapol represented a client who was severely injured when a tractor trailer suddenly turned left in front of his car, causing a severe accident. He was in a coma for several weeks and suffered brain injuries, including significant permanent memory loss and personality changes. In addition, he was unable to return to his prior employment. The client received a $2 million dollar award, even though the defendant disputed the extent of the brain injuries.

$1.4 million dollar verdict in automobile accident. Joel Feldman represented a 31 year old elevator repairman who suffered multiple injuries in a car accident, including a left arm brachial plexus injury. Because our client was a smoker who continued to smoke after the accident, he was unable to under go recommended surgery for his arm injury. The defendants argued that, because he would not stop smoking, our client was responsible for the severity and extent of his injuries. The jury awarded our client $1.4 million dollars.

Barnes v. SEPTA. $1.3 Million Dollar Verdict for Sanitation Worker Struck by SEPTA Bus. Alan Schwartz represented Barnes, a sanitation worker for the City of Philadelphia, who was standing on a trash truck that was sideswiped by a SEPTA bus. SEPTA initially offered to settle the case for $10,000 prior to trial, calling Barnes a malingerer. The jury was not persuaded by this argument and awarded Barnes a $1.3 million verdict for disabling psychological injuries.

$1.15 million dollar settlement for child's death in auto accident. Joel Feldman represented a 4 year old boy who suffered severe injuries resulting in his immediate death when a tractor trailer driver lost control of his truck struck the side of a car in which the boy was seated. The focus of the case was a projected loss of future earnings and income based upon the parents' educational and work background. The defendants disputed these projections, but the case was settled for $1.15 million dollars.

Premises Liability

Multi-Million Dollar Settlement for Child Contracting E-Coli at Philadelphia Petting Zoo. Bernard Smalley led a team of lawyers in settling the Erin Jacobs case. Erin became catastrophically ill after contracting E-coli at a suburban Philadelphia petting zoo. While Bernie and his team settled for an undisclosed multi-million dollar amount, Pennsylvania mandated that stations be installed at al public petting zoos.

$1.07 Million Dollar Verdict for Injured Record Producer Hit by Canoe. Joel Feldman earned a more than $1.07 million dollar verdict for a Philadelphia record producer who suffered hearing loss when he was struck by a falling canoe. The canoe fell due to a rotten pole near the canoe rack that was jostled, causing it to swing and hit the canoe, which only had to be pushed a few inches before falling from its supports. Consequently, he was no longer able to perform to the extent that he had in the past, and required frequent assistance at work. Because there were no witnesses to the accident, we proved the case using experts and circumstantial evidence. The case was settled for $1 million dollars.

Louis DeVita, et al. v. Five Star Building Services, et al. $700,000 Dollars Verdict in Murder Case Against Cleaning Service. A Philadelphia County Jury awarded $700,000 to the estate of a lawyer slain in Olde City in 1998 in a wrongful death case against a cleaning company. The aspect that was remarkable about the case was that the jury found Five Star Cleaning Service equally as culpable as the murderer, finding that the cleaning service failed to notify the homeowner about their employee's criminal past.

Bender v. Doe Mountain Enterprises, Inc. Multi-Million Dollar Settlement In Injury Case Involving Immunity for Artificial Conditions. Alan Schwartz successfully convinced the Court that immunity for artificial conditions ought not to apply in this case. A 21-year old skier fractured his spine when he hit an artificially created jump, resulting in complete quadriplegia. Mr. Bender received a multi-million dollar settlement through Alan's efforts.

Estate of McConnell. Joel Feldman successfully resolved this case which arose from a tragic fire at a community home for developmentally disabled adults.  As a result of community complaints about residents walking through the neighborhood, the supervisor of the home would lock the door at night so the residents could not leave.  As a result of this case and a state investigation, applicable building codes were changed so that there had to be an unlocked exit at all times or a permanently fixed key.

Dram Shop

$740,000 settlement for a woman injured in drunk driving accident. Joel Feldman represented a 26 year old woman who suffered a mild brain injury in a one-car accident. She was a passenger in a car operated by a drunk driver who lost control of her car, causing it to flip over. We sued the driver and the bar that served him the alcohol, claiming the bar served the driver while he was intoxicated. The case was settled for $740,000.

Gun Accidents

Settlement for 7-Year Old Boy’s Death from Gun Shot
Mark LeWinter obtained an undisclosed settlement amount from a Pennsylvania gun dealer to a Philadelphia woman whose son was killed with a handgun the dealer sold to an illegal “straw purchaser” in 1997. The purchaser had repeatedly bought small handguns from the dealer and resold them on the street. On April 19, 1999, the gun was found by a group of children playing. One child playfully pointed the small revolver and shot and killed a 7-year old child. Click here and here to read more on this case.


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