• Action for wrongful death brought by the parents of a boy killed when he rode his skateboard under a moving garbage truck. A second boy, also on the skateboard, brought suit for severe personal injuries.

  • Action for severe chemical burn injuries sustained when the plaintiff, driving a truck filled with pool chemicals, struck the trailer of a truck, causing the chemicals to crash into the cab of the plaintiff’s vehicle.

  • Action for extensive personal injuries sustained by the driver of a vehicle hung up on railroad tracks, which was struck by an oncoming train before the plaintiff could extricate himself from the vehicle.

  • Action for wrongful death by the two sets of parents of a newly married couple killed by a driver who fell asleep and struck the couple’s car head on. Significant emotional and personality conflicts between the two sets of parents.

  • T-Bone collision resulting in neck and back injuries. Carrier rejected $100,000 policy limits demand despite clear liability and surgical prognosis. Case settled for substantially above policy limits.

  • Action for wrongful death by two minors arising out of the death of their father when he was crushed by a runaway trailer. The two minors also sustained injuries and had Dillon v Legg claims. A female passenger claimed multiple injuries and a closed head injury.

  • Action for wrongful death for motorcycle rider killed when he struck a left turning vehicle.

  • Action for wrongful death by elderly woman survived by eight children. The woman was quite short and was below the truck driver’s vision when the light turned green and the driver started up, running over the woman in the crosswalk.

  • Action for injuries for mother and daughter struck from behind by a motorist while they were bicycling home.

  • Multiple claimants making claim to a 1.3-million-dollar liability policy which was being tendered. Injuries included death, closed head injuries, multiple fractures.

  • Action for personal injuries – crushed hand – sustained when operator of a forklift pinned a truck driver’s hand against the truck during the loading process.

  • Postal worker attacked by dogs and fell, sustaining traumatic brain injury.

  • Action for severe personal injuries sustained when a vehicle crushed the plaintiff against the side of a building while seated at a bench. Claim against building owner based on dangerous position of bench.

  • Burn injuries sustained by restaurant patron when hot liquid spilled on her.

  • Homeowner tripped over utility conduit, aggravating a pre-existing back condition.

  • Wrongful death of a child resulting from the ingestion of over-the-counter medication. Summary judgment for the manufacturer granted, settled on appeal.

  • Claimed tire defect caused single car accident resulting in paraplegia.

  • Claimed improper design of trailer, resulting in separation from tractor and wrongful death of occupant of stopped vehicle.

  • Claimed defect in design of ladder resulted in collapse, personal injuries.

  • Neighbor versus neighbor – long standing animosity – knee damaged in altercation over location of garbage cans.

  • Personal injuries sustained by bar patron in altercation with security guard.

  • Personal injuries (scarring) sustained by female bar patron when fight broke out between two groups of patrons.

  • Wrongful death of a woman at the hands of her boyfriend, who had a modest liability policy. Boyfriend was charged with murder and the insurance company filed a declaratory relief action. The case settled after a protracted mediation and just hours before the jury returned a guilty verdict in the murder case.

  • Breach of privacy against electronics company and its employee by female whose pictures were lifted from her cell phone and transmitted to the employee’s phone.

  • Neighbor versus neighbor – brain damage resulting from physical altercation

Personal Injury / Products Liability

REPRESENTATIVE CASES

John M. Drath, Esq.

Mediator  •  Arbitrator