Deadlocked Philadelphia Jury Forces Last Minute Settlement in Catastrophic Case

(JUNE 8, 2021) Zarwin Baum attorneys Ted Schaer and Greg Mallon defended a local Fortune 100 Company during a heavily-contested two-week IN PERSON JURY trial in the Court of Common Pleas of Philadelphia. The trial involved horrific injuries incurred by a pedestrian struck by the defendant’s vehicle in the roadway. Despite an admission of negligence by the Company, Schaer and Mallon's unique trial strategy caused enough doubt in the Juror’s minds to prevent a verdict following 15 hours of jury deliberations on the issues of recklessness, comparative negligence, and damages. The matter was able to be settled on favorable terms after the jury informed the court on two occasions that they were hopelessly deadlocked. This was one of the first large-scale catastrophic injury trials under Philadelphia’s strict Covid protocols that required Schaer and Mallon to wear masks, microphones, and sit apart from each other. Despite these logistical obstacles, the Zarwin attorneys were still able to connect with the jury to sufficiently convince, at least a few of them, of the plaintiff’s own fault. 

Ted Schaer is the Chair of the Firm’s Casualty Defense Department and has made the management and trial of catastrophic cases a significant part of his everyday practice. Greg Mallon is a shareholder at Zarwin and a member of Schaer’s Catastrophic and Excess Liability Team. (Zarwin Baum DeVito Kaplan Schaer Toddy, P.C.)