Shareholder Justin T. Woods Secures Non-Suit in Response to Motion for Summary Judgment

June 2025 • Source: Pappas Grubbs Price

Shareholder Justin T. Woods has secured a non-suit for our client in response to a Motion for Summary Judgment.

The Plaintiffs were three men who alleged to have been injured on three separate occasions as patrons of a Northgate, College Station bar at the hands of bouncers working on behalf of the bar. Our client was one of these bouncers. Justin moved for Summary Judgment, arguing the claims of two of these Plaintiffs were time-barred by the applicable statute of limitations and that the third Plaintiff had been unable to provide any evidence that it was the actions of our client, in particular, who caused him injuries, if any. The Plaintiffs, rather than respond to the Motion, dismissed all claims against our client.

Defense Verdict for Norfolk Southern Affirmed in Federal Employers’ Liability Act Lawsuit

June 2025 • Source: Gallagher Sharp LLP

Partner, Joe Santoro, and the Appellate team, Partner Richard Rezie and Associate Phil Kelly, obtained a decision from the 11th District Court of Appeals upholding the defense verdict for Norfolk Southern rendered by a jury in a FELA case on March 15, 2024.  Plaintiff Drew Herman alleged that he was struck by a backhoe due to the negligence of the operator. Norfolk Southern contended that the accident was caused by the Plaintiff’s negligence in entering the backhoe’s swing radius without communicating with the operator.  Plaintiff’s counsel asked the jury to award his client over $14 million in compensatory damages. 

The jury found that Norfolk Southern was not negligent in any respect leading to the defense verdict.  On appeal, Plaintiff argued that a new trial was necessary due to the trial court’s jury instructions on negligence, assumption of the risk, and contributory negligence. With respect to the instructions on negligence and assumption of the risk, the appellate court held that Plaintiff failed to properly preserve his objections in the record and failed to invoke plain error review. As a result, the appellate court held in a 3-0 decision that Herman forfeited his right to plain error review and, even if he had not done so, the instructions did not constitute plain error. Finally, with respect to the other instructions at issue, the court held that the instructions were correct statements of the law and did not mislead the jury. 

The court of appeals decision can be found at https://www.supremecourt.ohio.gov/rod/docs/pdf/11/2025/2025-Ohio-1498.pdf

Defense Triumph in Philadelphia: Overcoming Bias in Truck Accident Case

June 2025 • Source: Zarwin Baum

On June 2, 2025, following a three-day trial, Zarwin Baum Partner Joseph M. Toddy, Esq., with the assistance of his trial paralegal, Marina Abi Rached, obtained a defense victory in the Philadelphia Court of Common Pleas representing a national trucking company and their employee involved in a “trucking vs. motor vehicle” accident. The case arose from an accident at the intersection of Bridge Street and Torresdale Avenue. While stopped at a light, the truck operated by an employee of our client is alleged to have reversed into Plaintiff’s vehicle. According to Plaintiff’s claims the accident caused severe injuries, including herniations to five discs in her neck, ongoing headaches, and limited movement to the left shoulder and lower back.

Despite Plaintiff’s allegations, Mr. Toddy was able to persuade the jury that the injuries claimed by Plaintiff were due to pre-existing degenerative disc disease and not from the impact from the truck. Truck accident cases can be extremely difficult to defend because so many people and drivers have negative opinions or feelings about trucks on our roadways. Mr. Toddy was able to overcome this prejudice and prove that the Plaintiff was overreaching with her claims and simply trying to take advantage of the accident.

Dawn A. Moore and Christine Wood Obtain Final Summary Judgment in Premises Liability Case

May 2025 • Source: Pappas Grubbs Price

Dawn Moore and Christine Wood were successful in getting final dismissal via summary judgment for an apartment complex owner in a premises liability case filed in Brazoria County district court.  Elderly female plaintiff claimed she fell as a result of a defective curve on the complex grounds.  She alleged the fall resulted in severe injuries, including a torn muscle in her shoulder that required surgical intervention.  Plaintiff was seeking damages for medical expenses, both past and future, disfigurement in connection with the surgical scarring, impairment due to the loss of movement in her arm, pain suffering, and mental anguish.

Ms. Moore and Ms. Wood argued to the court that after more than two years of litigation, Plaintiff failed to develop evidence in support of any of the elements of her cause of action.  Moreover, dismissal was appropriate given the testimony secured during direct examination of the lack of notice or constructive notice by the apartment complex of the presence of an unreasonably dangerous condition.  The court granted Defendant’s motion in all respects.