C. Scott Toomey and Ericka A. Esposito obtained a defense verdict in the Court of Common Pleas, Philadelphia County, Pennsylvania after a five-day jury trial. The case involved an industrial accident with a significant workers’ compensation lien and future care claims for a sympathetic plaintiff that never returned to work after the accident. Plaintiff’s case-in-chief included an eyewitness that claimed she saw the accident and blamed the client. Plaintiff’s liability expert was excluded for lack of qualifications, a significant accomplishment given Pennsylvania’s lax standards for qualifying experts. Despite an accusation of the client’s disposing of key evidence, the jury returned a defense verdict in approximately one hour finding the client was not negligent.
