Representative Cases: Please note that every legal matter is different. The outcome of each legal case depends upon many factors, including the facts of the case, and no attorney can guarantee a positive result in any particular case. Prior results do not guarantee a similar outcome.
$12,700,000 Liquor Liability Recovery
Three innocent people were tragically killed in a car accident caused by a drunk driver and the establishments that over-served him alcohol. The three victims were driving home from a funeral when they were struck and killed by the drunk driver in Bethlehem Township. Meanwhile, after an outing to a hockey game in Reading and a night of partying afterward, the drunk driver had a blood alcohol content of 0.23%, nearly three times the legal limit for driving. The drunk driver was seen drinking alcohol out of a votive candle holder, committing random acts of violence in the street, and vomiting at one of the many bars he was at.
Despite this blatantly obvious drunken behavior, the establishments he entered continued to serve him alcohol. The drunk driver, Anthony Bruno consumed alcohol at the following places: Roosevelt’s 21st Ale House in Bethlehem, Sovereign Center Arena, Kutztown Tavern a/k/a Shorty’s in Kutztown and Kutztown Pub a/k/a Ktown Pub in Kutztown.
Prior to trial, Kevin R. Marciano, Esquire and Patrick D. MacAvoy, Esquire of Marciano & MacAvoy successfully settled the case for the families against the various establishments that over-served him alcohol for a total of $12,700,000. Also, as is common practice for the attorneys at Marciano & MacAvoy in any liquor liability case, the terms of the settlement forced the defendants to make personal contributions to Mothers Against Drunk Driving.
$7,150,000 Recovery: Woman Paralyzed in Fall from Defective Ladder
A thirty-six-year-old woman climbed up a ladder to rescue her cat from a tree near her home in Meshoppen, Wyoming County, Pennsylvania. While she was on the top section of the ladder it suddenly retracted downward, causing her to fall to the ground and suffer permanent injuries including incomplete quadriplegia.
The extension ladder had retracted due to an alleged defective design and insufficient warnings. The defective design made it susceptible to false-locking, where the user would be led to believe the locks were engaged when the ladder was extended even though they were not actually engaged. Further, there were no pictorial labels on the ladder to depict what properly engaged locks looked like. The ladder manufacturer had subsequently changed the design of this ladder and also affixed such pictorial labels. Mr. Marciano and Mr. MacAvoy retained an expert in the case who had worked for the product manufacturer for sixteen years, including as a senior product manager.
The defendants were the designers and manufacturers of the ladder and the sellers of the ladder. The defense argued that the ladder was not defective and that the victim and her husband, who had been holding the ladder, misused the ladder and/or failed to read and heed its warnings and instructions. The defense blamed both the victim and her husband for the victim’s fall.
The victim was 36 years old at the time of her fall and she worked as a cleaner for a cleaning company. Her treating doctors opined that she was permanently disabled from employment as a result of her incomplete quadriplegia. Experts opined that she suffered significant economic damages including future medical care costs, past wage loss, loss in potential earning capacity and substantial liens. Because of her injuries, not only will the victim never enjoy her once active lifestyle, but she will never have to opportunity to have children and experience motherhood.
Prior to trial Mr. Marciano and Mr. MacAvoy obtained for the victim and her husband a total settlement of $7,150,000 against the defendants.
$4,300,000 Liquor Liability Settlement
Kevin Marciano was the attorney in a liquor liability case that settled for $4.3 million before the Honorable Frederica Massiah Jackson, Philadelphia County Court of Common Pleas. His client was a woman from Chadds Ford, Delaware County who suffered a spinal cord injury while riding as a passenger in a car that was driven into a tree by her drunk husband. Two different liquor-serving establishments, located in West Chester, Chester County, Dilworthtown Inn and Blue Pear Bistro, had continued to serve the man beer and martinis even after he was visibly intoxicated. The service of alcohol to someone who appears visibly intoxicated (.i.e. glassy eyes, slurred speech, staggering etc.) is a violation of the dram shop laws. His blood alcohol content (BAC) was more than double the legal limit. She received much of her medical treatment in Philadelphia at Magee Rehabilitation. The 46-year-old wife must live out her life as a quadriplegic. The husband pled guilty to driving under the influence (DUI) in Delaware County Court of Common Pleas and was sentenced to jail. The settlement included a donation to MADD (Mothers Against Drunk Driving). Marciano & MacAvoy, continues its fight to protect the roadways of Pennsylvania from drunk drivers.
$4,300,000 Recovery For Paralyzed Construction Worker
A thirty-three-year-old father of four suffered devastating injuries rendering him a paraplegic when the scissor lift on which he was a passenger tipped over while elevated. On his behalf, the attorneys at Marciano & MacAvoy brought claims against various contractor entities as well as various entities involved in the production and distribution of the scissor lift. Prior to trial the Kevin R. Marciano, Esquire and Patrick D. MacAvoy, Esquire of Marciano & MacAvoy successfully settled the case against all defendants for a total of $4,300,000.
$2,600,000 Motor Vehicle Negligence – Bicyclist Suffers Brain Injury When Struck by Negligent Driver
A forty-two-year-old man was riding his bicycle when he was struck by a negligent driver operating a delivery truck delivering Sleepy’s mattresses in Radnor Township, Pennsylvania. He suffered a traumatic brain injury in addition to fractured ribs, fractured left humerus, chronic lower back pain, punctured left lung, right axillary vein non-occlusive thrombus, spinal injuries, friction burns and abrasions, a broken pinkie, neck injuries, anxiety, and depression. The bicyclist had the right of way when the truck driver, who was speeding and distracted by a GPS, ran a stop sign and struck the bicyclist. Sleepy’s and the transportation company that owned the truck negligently hired the truck driver, who had prior criminal convictions, vehicle accidents, and moving violations. There was also a six-foot-high fence on the homeowners’ property at the intersection that blocked the truck driver’s view and violated the township code and permit that limit fence height to four feet. During jury selection, Kevin Marciano and Pat MacAvoy successfully settled the case against all defendants for a total of $2,600,000.
$2,500,000 Medical Malpractice/Wrongful Death Settlement
Kevin Marciano successfully represented a Delaware County family of a young woman whose death followed soon after a visit to the emergency room with complaints of an unidentified flu-like illness. The 26-year-old patient was sent home without being treated and was not notified at any time of the outcome of blood tests taken in the ER that demonstrated a low platelet count, Thrombotic thrombocytopenic purpura or TTP. She was re admitted to a hospital in Philadelphia where she later lost consciousness, fell into a coma and died. She left behind a husband and three children. The medical malpractice and wrongful death claims were brought against the hospital and the emergency room doctor. A settlement of $2,500,000 was reached to compensate her three children and disabled husband. The firm continues to protect patients from medical negligence in Pennsylvania and beyond.
$2,000,000 Liquor Liability Recovery – Drunk Driving and Illegal Service of Alcohol to Visibly Intoxicated Patron
Estate of Hennessey v. Paddywacks, Kenny Bar and Restaurant and Pond
A twenty-one-year-old young woman was tragically killed in a car accident in Philadelphia caused by an underage drunk driver and the multiple bars, Kenny’s Bar and Restaurant and Paddywacks, located in Philadelphia, that over-served her alcohol. In the hours leading up to the accident, the underage drunk driver drank numerous alcoholic beverages at both of the defendant bars to the point that she was visibly intoxicated. Despite her visible intoxication, and despite her being a underage, both bars not only allowed her to gain entry to their bars and but also continued to serve her excessive amounts of alcohol. At the time of the accident, the drunk driver’s blood alcohol content (BAC) was 0.212%, more than two-and-a-half times the legal limit. Prior to trial the attorneys at Marciano & MacAvoy successfully settled the case for $2,000,000 on behalf of the young woman’s family and her estate.
$1,500,00 Dollar Slip-and-Fall Verdict
A union truck driver who was a member of the Teamsters union was awarded $1.5 million in a jury verdict by a Philadelphia County jury after he suffered serious brain injuries resulting in permanent disabilities in a workplace injury. More specifically, he had a closed head injury. He treated at various medical facilities in Delaware and Philadelphia Counties. The slip/fall accident that occurred in Philadelphia at a nursing home on an icy surface occurred as he was getting out of his delivery truck. The property owners had failed to clear the ice and snow from the ground following a snowfall five days before. He currently lives in Broomall, Delaware County, PA.
$1,350,000 Medical Misdiagnosis Verdict
A Philadelphia cardiologist advised his 57-year-old patient from Atlantic City, NJ to discontinue her anti-coagulation therapy before surgery. She had been taking Coumadin regularly. A Philadelphia cardiothoracic surgeon postponed the surgery by one day, during which time the woman suffered a blood clot or deep vein thrombosis in her legs, necessitating costly medical procedures. She suffered permanent injuries to her legs and was no longer able to work again. A medical malpractice lawsuit was filed in Philadelphia County and a Philadelphia jury returned a verdict of $1,350,000 to compensate her for lost wages, pain and suffering and disfigurement.
$1,265,000 Recovery: Drunk Driving and Illegal Service of Alcohol to Visibly Intoxicated Patron
A fifty-one-year-old man was badly injured and his seventy-one-year-old mother died in a car accident caused by a drunk driver and the bar that over-served her alcohol. The mother was killed, and the son suffered injuries including a concussion, acetabular fracture, fracture of the distal femur, closed fracture of left distal radius, fracture of the right patella, acute blood loss anemia, dissecting aortic aneurysm thoracic, and respiratory distress. He has endured multiple surgeries, he will be required to undergo future medical care, and he may never return to work again. He has the everlasting image of being trapped in a car while his mother was dying next to him.
The drunk driver had just left a bar in Lancaster, Pennsylvania where she was drinking. From the time she left the bar, the drunk driver was not able to properly operate her vehicle. First, she was tailgating the car in front of her and then she hit a curb. After hitting the curb the drunk driver struck the victims’ vehicle head-on less than three-tenths of a mile from the bar. The drunk driver made no attempt to avoid a head-on collision with the victims.
The drunk driver refused the blood test intending to prevent the authorities from proving that she was under the influence of alcohol. She chose to take a one-year suspension of her driver’s license in lieu of the testing. The drunk driver was also caught in multiple lies she told to the investigating police. The drunk driver fought her criminal case for the injuries and death she caused, but she was ultimately found guilty and she is currently serving a lengthy prison term.
Prior to trial Mr. Marciano and Mr. MacAvoy obtained for the victims and their family a total settlement of $1,2650,000 against the drunk driver and the bar.
$1,250,000 Motorcycle Accident Settlement
A senior citizen was commuting to his work in Philadelphia on his motorcycle when another driver turned left in front of him. He was in an extended coma after the collision. As a result of the car accident, he was at Philadelphia hospital and rehabilitation facility for months. The crash left him with a traumatic brain injury, bone fractures and permanent disabilities including a non-functional left arm He also had brain damage and walks with a limp. The matter settled for $1,250,000 which allowed him to obtain care for him for the rest of his life. His settlement funds were placed into a special needs trust so he was able to continue receiving governmental benefits.
$1,200,000 Motor Vehicle Accident Settlement
A young man and new father, was a passenger in a vehicle when a truck ran a red light at a high rate of speed and crashed into his vehicle. The truck accident occurred in Northeast, Maryland, His resulting death left his wife and baby daughter without a husband and father. A pre-lawsuit settlement was reached to compensate his wife and daughter for lost wages, pain and suffering and other damages.
$1,150,000 Bus Accident Recovery
A twenty-seven-year-old pregnant woman was walking across an unmarked crosswalk in Philadelphia, Pennsylvania when she was struck by a school bus and then trapped beneath one of the bus’ rear tires. As a result, the victim suffered extensive catastrophic injuries that would prove to be fatal. The victim was engaged to be married and she was three months pregnant with what would have been her first child. The victim’s parents suffered the terrible grief of dealing with their young daughter’s untimely death. In addition to the unimaginable fear and conscious pain and suffering the victim endured during the collision itself, an expert estimated the significant loss of future earnings.
The school bus was a full-size, flat-nosed school bus owned by a nationally known school bus company. The bus, which was carrying no children, was on a training run and was being driven by a trainee driver with limited experience behind the wheel. Multiple eyewitnesses gave conflicting accounts, some of which blamed the victim for wearing headphones and a hood and not looking before crossing. However, Kevin Marciano and Pat MacAvoy were able to recover security video footage from nearby businesses which discredited those witnesses and showed that the victim had looked both ways and waited before crossing and that she was not wearing headphones or a hood and had her head up the whole time. Prior to trial Mr. Marciano and Mr. MacAvoy were able to obtain a $1,150,000 settlement against the school bus company.
$1,000,000 Liquor Liability Settlement
Marciano secured a $1 Million Dollar settlement for Dennis Fisher of Delaware County in a lawsuit for dram shop liability. After a driver was over served alcohol at Duffers Pub and Cookies in Glen Mills, Delaware County while visibly drunk. After leaving the bar, he collided with a tree on a Chester County roadway. Mr. Fisher was a passenger in the car. Mr. Fisher was in a coma for 78 days. The driver’s blood alcohol content, BAC was more than 3 times the legal limit, .291. Stephen Nelson of Delaware County skipped town after being arrested and therefore the only means of recovery was from Duffers. The settlement was secured prior to filing a lawsuit and represented the entire amount of insurance coverage of the bar. A lawsuit had been threatened if the entire amount of the insurance policy was not paid to Mr. Fisher. This establishment was held liable for permanent brain damage suffered by Mr. Fisher.
$1,000,000 Workplace Personal Injury Settlement
A union mechanic working at the Sunoco Marcus Hook refinery located in Delaware County suffered a workplace injury when he was exposed to contaminated steam exposure A lawsuit was filed in Philadelphia County. The mechanic suffered brain damage as a result of breathing in steam that contained hundreds of hydrocarbons. Sunoco admitted that its negligence was the cause of the steam contamination. The mechanic continues to suffer from axonal sensorimotor polyneuropathy. He also has noticeable tremors, speech problems and brain damage as well other serious and permanent injuries. He was not able to return to work and was rendered completely disabled. His settlement of $1,000,000 will permit him to move forward and not have to worry about working or payment of future medical treatment.
$1,000,000 Brain Injury Recovery
A 28-year-old father of one suffered life-threatening injuries, including a traumatic brain injury, when a dead tree next to the roadway fell into the roadway while he was driving on a Montgomery County road. Investigation by Kevin R. Marciano, Esquire and Patrick D. MacAvoy, Esquire of Marciano & MacAvoy revealed that the homeowners on whose property the dead tree stood had previously hired a consulting company to inspect and trim trees on their property, including the dead tree that tragically injured our client. While our client suffered catastrophic injuries, in comparison the insurance limits available were severely limited. Even still, prior to trial the attorneys at Marciano & MacAvoy were able to secure a recovery against both the homeowners and the tree consulting company for a total of $1,000,000.
$950,000 Wrongful Death Recovery For Construction Worker
A thirty-nine-year-old man was killed while performing roof painting work when his long-handled brush/applicator contacted an overhead phase wire, causing him to suffer severe shock, causing his roofing paint to catch fire, and ultimately causing him to fall nineteen feet to the ground while engulfed in flame. Investigation by the attorneys at Marciano & MacAvoy revealed that the electric company and property owner were negligent in that the wiring was too close to roof, a clear violation of Pennsylvania law. Prior to trial, Kevin R. Marciano, Esquire and Patrick D. MacAvoy, Esquire of Marciano & MacAvoy were able to obtain a favorable settlement on behalf of the family against the defendants for a total of $950,000.
$900,000 Liquor Liability Recovery
A twenty-year-old young woman was seriously injured in a car accident in Philadelphia caused by a drunk driver and the strip club, The Penthouse Club, that over-served him alcohol. In the hours leading up to the accident, the drunk driver drank numerous alcoholic drinks at a Philadelphia strip club where he worked but was off-duty for the night.
The bartenders at the strip club “got a kick out of” pouring him as strong a drink as they could and continued to ply him with liquor even though he was extremely and visibly intoxicated. After the accident, the drunk driver’s blood alcohol content tested at 0.246%.
Prior to trial, Kevin R. Marciano, Esquire and Patrick D. MacAvoy, Esquire of Marciano & MacAvoy successfully settled the case against both the bar and the drunk driver for a total of $900,000. Also, as is common practice for the attorneys at Marciano & MacAvoy in any liquor liability case, the terms of the settlement forced the defendants to make personal contributions to Mothers Against Drunk Driving.
$335,000 Liquor Liability Recovery
Drunk Driving and Illegal Service of Alcohol to Visibly Intoxicated Patron: A 41-year-old single mother, Rochelle Gordon of two was seriously injured in a car accident in Philadelphia caused by a drunk driver and the bar, Irish Center, that over-served him alcohol. In the hours leading up to the accident, the drunk driver had drank numerous alcoholic drinks at a banquet hosted by a Philadelphia bar. The drunk driver had a blood alcohol level over 0.21%.
Prior to trial the Kevin R. Marciano, Esquire and Patrick D. MacAvoy, Esquire of Marciano & MacAvoy successfully settled the case against both the bar and the drunk driver for a total of $335,000. Also, as is common practice for the attorneys at Marciano & MacAvoy in any liquor liability case, the terms of the settlement forced the defendants to make personal contributions to Mothers Against Drunk Driving.
$271,000 Recovery For Negligent Highway Construction & Liquor Liability
A twenty-one-year-old young woman was seriously injured in a car accident in Philadelphia caused by a drunk driver and the Roxy club located in Philadelphia that over-served him alcohol. In the hours leading up to the accident, the drunk driver drank numerous alcoholic drinks at a Philadelphia club.
The bartenders at the club continued to serve him alcohol even though he was extremely and visibly intoxicated. After the accident, the drunk driver’s blood alcohol content tested at 0.233%, nearly three times the legal limit for driving. The accident took place in a construction zone and further investigation by the attorneys at Marciano & MacAvoy also revealed that the contractor responsible for the construction had negligently set up the traffic control pattern. Prior to trial, Kevin R. Marciano, Esquire and Patrick D. MacAvoy, Esquire of Marciano & MacAvoy successfully settled the case against all defendants for a total of $271,000.
Liquor Liability, Assault, and General Negligence – Man Loses Eye Attempting to Break Up Bar Fight
A forty-seven-year-old Philadelphia man tragically lost his left eye when he was trying to break up a bar fight and was struck in the face by a patron. The altercation was between three patrons, all of whom were served excessive amounts of alcohol while they were visibly intoxicated, a clear violation of Pennsylvania law. The Princeton Tavern was notorious for over-serving alcohol to its patrons and it had violated Pennsylvania liquor laws at least ten times in the past. Prior to trial Kevin Marciano and Pat MacAvoy were able to obtain a favorable settlement against the bar and the drunk patrons involved in the fight.
Liquor Liability – Drunk Driving and Illegal Service of Alcohol to Visibly Intoxicated Patron
A twenty-nine-year-old man was seriously injured in a car crash in Northampton County, Pennsylvania caused by a drunk driver and the gentlemen’s club, Platinum Plus that over-served him alcohol. In the hours leading up to the crash, the drunk driver drank numerous alcoholic drinks at the gentlemen’s club, including beers, mixed drinks, and shots. The drunk driver had a blood alcohol content of 0.27%, well over three times the legal limit for driving. Even though he admitted that he was visibly intoxicated and feeling drunk at the gentlemen’s club, the club continued to serve him alcohol. Prior to trial Kevin Marciano and Pat MacAvoy were able to obtain a favorable settlement against the gentlemen’s club and the drunk driver.
Medical Malpractice – Failure to Diagnose Ovarian Cancer
A fifty-nine-year-old woman was referred to a medical imaging facility for diagnostic testing for pain and a lump in her groin, but the radiologist failed to diagnose what she later learned was ovarian cancer. It was not until about a year and a half months later that the patient was referred to an oncologist who advised her that she had Stage 4 ovarian cancer. Due to the radiologist’s failure to diagnose her cancer, she required ongoing chemotherapeutic treatment for persistent, metastatic disease. This resulted in a dimished life expectancy and ra educed quality of life. Most importantly, she was forced to retire earlyt employment as a school teacher. Kevin Marciano and Pat MacAvoy were able to obtain a favorable award against the radiologist .
Liquor Liability – Drunk Driving and Illegal Service of Alcohol to Visibly Intoxicated Patron
Estate of Costoso et. al. v. Starters Bar and Grill e.t al.
A twenty-five-year-old single mother of three was tragically killed in a car accident in Allentown, Pennsylvania caused by a drunk driver and the bar that over-served him alcohol. Two other passengers, the decedent’s friends, were also seriously injured in the accident. The drunk driver drank an enormous amount of alcohol throughout the night. He drank anywhere from eighteen to twenty-five total drinks and he later admitted that there was no way that the bartenders could have missed that he was visibly intoxicated. Even still, the defendant bar continued to serve him alcohol. Prior to trial, attorneys Kevin R. Marciano and Patrick D. MacAvoy successfully settled the case on behalf of the family of the single mother decedent and on behalf of her two seriously injured friends. The bar, Starters located in the Allentown area, paid its full insurance policy limits to all of the victims. Also, as is common practice for the attorneys at Marciano & MacAvoy in any liquor liability case, the terms of the settlement forced the defendant bar to make a personal contribution to Mothers Against Drunk Driving.
Brain Injury Settlement Settlement
A twenty-one-year-old young man was working alongside the road performing routine landscaping duties when he was struck and tragically killed by a negligent driver. Prior to trial, Kevin R. Marciano, Esquire and Patrick D. MacAvoy, Esquire of Marciano & MacAvoy were able to obtain a favorable settlement on behalf of the family against the negligent driver.
Settlement For Traumatized Eight Year Old Girl
An eight-year-old girl was traumatically sexually assaulted by a thirteen-year-old adolescent in the bathroom of a community pool. Investigation by the attorneys at Marciano & MacAvoy revealed negligence and wrongful conduct on the part of the lifeguard, the parents of the sex offender adolescent, and the homeowners’ association that maintained the pool. Prior to trial, Kevin R. Marciano, Esquire and Patrick D. MacAvoy, Esquire of Marciano & MacAvoy successfully settled the case against all defendants.
Fatal Bicycle Accident Settlement
A seventeen-year-old boy was riding his bicycle when he was struck and tragically killed by a negligent driver. Prior to trial, Kevin R. Marciano, Esquire and Patrick D. MacAvoy, Esquire of Marciano & MacAvoy were able to obtain a favorable settlement on behalf of the family against the negligent driver.
Settlement For Motor Vehicle Negligence
Three innocent victims were tragically killed when a man operating a street sweeper at extremely excessive speeds struck the vehicle containing the victims. The victims’ vehicle burst into flames and the victims burned to death. Investigation by the attorneys at Marciano & MacAvoy revealed that the street sweeper company had actually removed the governor from the street sweeper, allowing the vehicle to illegally travel at highly dangerous speeds. Prior to trial, Kevin R. Marciano, Esquire and Patrick D. MacAvoy, Esquire of Marciano & MacAvoy were able to obtain a favorable settlement on behalf of the family.
Birth Injury Settlement
A Delaware County baby suffered Erb’s Palsy (Brachial Plexus Injury) during her birth. It was caused by shoulder dystocia that occurred during the birthing process.. The child has endured two repair surgeries at Philadelphia hospitals. The child will never regain full use of her arm or wrist. She will never be able to participate in sports or perform many functions of daily living. The medical malpractice settlement has enabled her to seek special schooling in Delaware County and to provide certainty to her future.
Failure to Diagnosis Cancer Settlement
Following wrongful imprisonment in Philadelphia, a 48-year-old Philadelphia man complained of sinus problems but was never treated property while incarcerated. Upon his release, he secured proper medical treatment at multiple Philadelphia cancer treatment centers. He was advised that there had been a failure in diagnosing his cancer. The delay in diagnosis of his sinus cancer allowed the cancer to reach an advanced stage with resulting surgeries, disfigurement and permanent injury. He will never be able to work again. The medical malpractice settlement will allow him to not worry about future medical treatment and wages.
Settlement Reached in Erb’s Palsy Case
Kevin Marciano was contacted by the parents of a teenager who had been left with limited use of his arm since birth. After a thorough investigation, it was revealed that a young and inexperienced resident doctor at a Philadelphia hospital had improperly delivered the baby during childbirth. The resident doctor did not properly react to a shoulder dystocia birth complication. Because of the doctor’s negligence, the young man suffers from Erb’s Palsy (Brachial Plexus Injury), which is permanent. The child has endured multiple repair surgeries and other treatment including physical therapy. The money from the settlement has assured him to have continued medical treatment and therapy. Also, the teenager has used some of the settlement proceeds to start and develop a successful business in the Willingboro, NJ area.
Settlement for Emergency Room Failure to Diagnose a Pulomonary Embolism
Kevin Marciano represented a young boy who lost his mother to medical malpractice. His mother went to a Delaware County hospital with complaints of chest pain and she had a history of smoking. Despite these obvious signs of a pulmonary embolism, she was not give a CT scan but merely discharged. Despite having a pulmonary embolism at the hospital it was never diagnosed. She died shortly after her release. The hospital and emergency room doctor were sued. Days before trial a Delaware County Common Pleas judge assisted in a resolving the case through an out of court settlement.
Jobsite Negligence and Product Liability – Fatal Fall from Top of Truck: Settlement
A truck driver was killed when he fell from the top of a truck. The victim was standing on top of a bulk tanker truck attempting to close the center hatch of the truck. He tripped and fell through the opening of equipment designed to prevent him from falling. He fell approximately eleven feet to the ground below to his death. A government investigation determined that the accident occurred due to the plant’s failure to establish proper safety procedures. Further, a product manufacturer was liable for a design defect relating to equipment on the site. He left behind 3 children and a wife. Prior to trial Kevin Marciano and Pat MacAvoy were able to obtain a favorable settlement against the plant and the product manufacturer.
Liquor Liability – Drunk Driving & Illegal Service of Alcohol to Visibly Intoxicated Patron
A twenty-five-year-old man was seriously injured in a car crash in Philadelphia County, Pennsylvania caused by a drunk driver and the neighborhood bar that over-served him alcohol. The victim suffered catastrophic injuries including the following: right knee open tibia-fibula fracture status multiple surgeries with persistent symptoms; right tibial plafond fracture status post open reduction internal fixation with persistent symptoms; fracture of the right heel and ankle; left bimalleolar ankle fracture; left knee burn status post multiple surgeries along with skin graft with persistent symptoms; right hand laceration; and multiple scars. The victim’s injuries were so traumatic that he was hospitalized for one month and was virtually bedridden for at least six months and underwent extensive physical therapy. He remains significantly impaired and continues to undergo pain management. Due to the permanent nature of his injuries, the victim will never return to full-time work as a laborer. As a result, an expert estimated that he suffered a total economic loss of $1,077,586 to $3,501,191.
In the hours leading up to the crash, the drunk driver drank at least eighteen alcoholic drinks at the bar, including beer and shots. The drunk driver had a blood alcohol content of 0.2137%, more than two-and-a-half times the legal limit for driving. Even though he admitted that he was visibly drunk and to the point of being “blacked out” at the bar, the bartenders continued to serve him alcohol and even belittled him for not drinking a shot when he had his head down on the bar. Prior to trial Kevin Marciano and Pat MacAvoy were able to obtain a favorable settlement against the bar and the drunk driver.
Slip & Fall On Snow and Ice Ends Truck Driver’s Career
A sixty-one-year-old husband, father of five, and grandfather of four was injured on the job while picking up a delivery at a Philadelphia warehouse because the warehouse failed to remove snow and ice from its lot. As a result of the warehouse’s conduct, the victim suffered serious injuries, including tears in his right shoulder which required surgery and extensive physical therapy and resulted in chronic pain and weakness.
Before his injury, the victim had led an active life in both his employment and hobbies. He was dedicated to his career as a truck driver. He had received an award for driving over one million miles and he was on his way to logging two million miles before his career was cut short. In addition to the significant pain and suffering that he suffered during the incident itself and the pain and suffering and loss of life’s pleasures he has suffered thereafter, experts stated that the victim suffered total economic damages in the approximate range of $639,544 to $665,226.
The warehouse is the largest cocoa bean storage company in North America. The warehouse did nothing to address the thick snow and ice buildup in the lot even though it knew people like the victim would be walking in the lot. Prior to trial Kevin Marciano and Pat MacAvoy were able to obtain a favorable settlement against the warehouse.
Police Officer Sustains Serious Injuries Responding To Call
A fifty-two-year-old police officer suffered a nearly career-ending injury responding to a call of an unwanted person at an assisted living facility in King of Prussia, Pennsylvania. The assailant’s mother was a resident at the facility. The assailant, upset with his mother’s care, was irate and belligerent and was threatening the staff. Three police officers arrived and went to speak with the assailant. Almost immediately, the assailant grabbed one of the officers and yelled at him. A hands-on physical struggle ensued and resulted in the victim suffering a left patellar tendon rupture and tear of his lateral meniscus, as well as a tear in his right pinky finger. These injuries required surgeries to his knee and hand and extensive physical therapy.
The victim, who is married with three daughters, was completely out of work for a total of ten-and-a-half months. According to experts, he lost wages in the approximate amount of nearly $100,000 and would require future medical care of approximately $30,000 to $50,000. Prior to trial Kevin Marciano and Pat MacAvoy were able to obtain a favorable settlement against the assailant for his violent and egregious lack of self-control.
Couple Killed In Head-On Collision With Tractor-Trailer On Interstate Highway
A 67-year-old Navy veteran and retired New York City police detective was driving with his 66-year-old wife on I-84 near Fishkill, New York. The couple was returning home to Pennsylvania after celebrating their 46th wedding anniversary in Maine. Tragically, the couple was killed in a head-on collision with a tractor trailer. There was evidence that the truck driver’s negligence was due to the length of time he had been on the road without rest. The couple left behind three sons and their families including grandchildren. Further, there was evidence that the economic loss due to the victims’ deaths was nearly $1,000,000. Prior to trial Mr. Marciano and Mr. MacAvoy obtained a favorable settlement on behalf of the family.
Illegal Service Of Alcohol To Visibly Intoxicated Patron Led To Sexual Assault
A thirty-two-year-old wife and mother of three young children was tragically and shamefully sexually assaulted while she was unconscious by two men who were the husbands of her co-workers. The sexual assaults occurred after the assailants had been drinking heavily at an alcohol-fueled going away party for one of the assailants and his wife, who worked with the victim. The bar that hosted the event was Duffer’s Tavern in Delaware County, Pennsylvania. Duffer’s served the two assailants at least 35 total alcoholic beverages throughout the night. Their estimated blood alcohol levels were over 0.20% and possibly even higher than 0.25%, which is more than three times the legal limit for driving. Many other partygoers at Duffer’s admitted they too were over-served excessive amounts of alcohol by the bar. One of the assailant’s wives even urinated herself and the other assailant’s wife admitted she was completely “blacked out”. After she was taken back to one of the assailant’s homes where she expected to sleep safely on the couch, the victim fell asleep and was virtually unconscious as the two men removed her clothes and sexually assaulted her. The assailants ultimately admitted to what they did, but neither of them had criminal records and admitted they never would have even thought of doing this if it was not for their being highly intoxicated.
When the victim was unsuspecting and at her most vulnerable, she was shockingly and shamefully taken advantage of sexually. These actions were a total violation of her body and mind, traumatizing her psychologically, emotionally, and physically. As a result of this traumatic event, the victim was diagnosed with Posttraumatic Stress Disorder (PTSD). She suffers from intrusive memories and experiences of the events in question; variable sleep disturbance; physiological arousal; anticipatory anxiety; avoidance of persons, places and things that remind her of the assault; interpersonal problems; and negative thoughts.
A lawsuit was filed against the two assailants, Duffer’s Tavern, and the homeowner where the assault took place. A few days before trial, Mr. Marciano and Mr. MacAvoy obtained a favorable settlement on behalf of the victim.
Drunk Driving Accident Caused By Serving Visibly Intoxicated Patron Kills Victim
A thirty-three-year-old man was killed in a car crash in Philadelphia County, Pennsylvania caused by two drunk drivers and the bars that over-served them alcohol, Chihuahua Bar and Tierra Colombiana, both on North 5th Street in Philadelphia. The victim suffered catastrophic injuries that proved to be fatal, and an expert forensic pathologist opined that the victim suffered pre-impact fright before the collision and subsequently suffered severe conscious pain and suffering from his injuries for at least twelve hours in the hospital until he suffered a massive stroke that rendered him unconscious before he ultimately died. As a result of his death, an expert estimated that he suffered a total lifetime earning capacity loss of $1,363,211 to $1,791,702. The victim left behind a wife and three children under 10 years old.
In the hours leading up to the crash, the two drunk drivers were over-served excessive amounts of alcohol by the Philadelphia bars mentioned above: Chihuahua Bar and Tierra Colombiana. The blood alcohol level of one driver was 0.185%, while the other driver’s was 0.278%. One of the drunk drivers was killed in the crash. The other drunk driver was an underage minor. Even though he was underage, and even though he admitted that he was visibly drunk at the bar, the bartenders continued to over-serve him alcohol. Prior to trial Mr. Marciano and Mr. MacAvoy were able to obtain a favorable settlement against the bars and the drunk drivers.