Defense verdict obtained against a homeowner claiming damages to her driveway caused by underlying tree roots. Plaintiff claimed that the roots from a tree on Defendant’s property grew underneath her driveway, resulting in cracks and buckling throughout her driveway. Plaintiff claimed that the roots were trespassing and a nuisance, which resulted in the need to replace the entire driveway.
Defense verdict obtained against homeowners claiming damage to their sidewalk and driveway as a result of snow and ice removal performed by Defendant. Plaintiffs claimed that the Defendant created deep and lengthy gouges throughout the entirety of their driveway and sidewalk when Defendant removed ice from their property following a snow storm. As a result, Plaintiffs alleged that they had to replace their driveway and walkway.
The Mayers Firm obtained a defense verdict in a case where Plaintiffs alleged negligent installation of a residential sewer line leading to the municipal main resulting in root infiltration. Our defense presented evidence of proper construction and used Plaintiffs’ own evidence to prove that the root infiltration, in fact, originated at the municipal main sewer line. Effective examination and cross-examination highlighted the reliability of our client’s testimony over that of Plaintiffs’ witness, each authenticated as an expert for the purposes of the hearing. To further counter Plaintiffs’ case, we presented legal argument grounded in Pennsylvania spoliation case law as well.
Successfully obtained an Order granting summary judgement/motion in limine on behalf of a sub-contract in a stucco remediation lawsuit on issue of Plaintiffs’ spoliation of the evidence. Plaintiffs remediated the property after permitting only a superficial walk through inspection. Plaintiffs failed to notify and permit observation of the subsequent total remediation by Defendant’s experts and failed to preserve the evidence for the Defense. The Trial Court dismissed the claim granting summary judgement in favor of the general and sub-contractors after ruling to preclude Plaintiffs’ evidence based upon motion in limine. On appeal, the Superior Court affirmed, finding the Defendants established prejudice.
Defense verdict obtained in favor of a mall jewelry store owner who fired his personal firearm into the air in order to scare smash and grab robbers and protect himself and his employees from harm. Plaintiff claimed significant physical and emotional injuries as a result of being pushed to the ground by mall patrons fleeing the mall due to the panic which ensued from the gunshots and fleeing robbers.
Defense verdict obtained against a homeowner claiming damages caused by an alleged water neutralizer leak, which spread through a utility room, adjacent hallway, and kitchen. Plaintiff claims that Defendant negligently serviced the water neutralizer, specifically in the splicing and/or splitting of the plastic tubing of the drain line.