At Marciano & MacAvoy, P.C., we are serious about given the people of Philadelphia reliable and effective legal representation for personal injury claims of all types. Whether someone has been hit by a negligent driver or injured due to a doctor’s mistakes, they know they can count on our team to be there for them, each step of the way. We do not give up and see every claim to the end, resulting in some newsworthy verdicts and settlements. In fact, we would like to share seven recent case victories with you now!
(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 for future cases.)
Negligence – Hotel Shuttle Not Equipped with Steps or Railing – $150,000 Settlement
Our client was injured when she fell while exiting a shuttle transporting her from Philadelphia International Airport to the Holiday Inn at the South Philadelphia Professional Sports Complex. She landed directly on her knees on the concrete sidewalk below. She suffered serious knee fractures that required surgical repair, inpatient hospitalization, and an inpatient stay at a rehabilitation facility, followed by an extensive course of continued medical treatment. Our client was a 63-year-old grandmother who lived with her son and her daughter-in-law and, in addition to working full time, she helped raise their three young children. As a result of her injuries, not only did our client lose significant wages while she recovered, she also could not fulfill her daily responsibilities in taking care of her three grandchildren.
Investigation showed the Holiday Inn’s airport shuttle was a van that was specifically designed to bring hotel guests to and from the airport. Yet the van did not have handholds or steps, so guests were required to awkwardly hunch over to climb in and out of the van, but with no support at all. Making this more precarious, the base of the doorway where guests had to step was a smooth metal panel. The metal became slippery when wet. It was raining on the day our client fell, and the wet metal panel caused her to slip. Without any handholds or steps, and with no support or help at all from the driver, our client fell.
Before a lawsuit was filed, we were able to secure a $150,000 settlement for our client.
Negligence – Fitness Center & Personal Trainer Liability for Excessive Overtraining of Client at Very First Session
A single introductory workout led to our client suffering acute kidney failure and a week in the hospital due to an egregiously rigorous personal training session he was put through by a fitness center and its personal trainers. Our client sustained serious, potentially life-threatening injuries in what was supposed to be an introductory session, but what turned out to be a high-intensity workout rivaling a professional athlete’s regimen.
Our client, a 30-year-old man, had told the personal training director he had not worked out in two years so he very apprehensive about working out again — he wanted to take it slow, in other words. The training director and the personal trainer assigned to our client both gave assurances that the personal training would start slowly to avoid risk of injury. They told our client that if he trusted them, then he would be fine. Our client did what anyone else would do: he trusted the professionals.
But the personal trainer did not treat our client as a beginner. Rather, throughout the intense workout he ignored our client’s clear signs of distress and even belittled him. On six separate occasions, our client told the personal trainer he was in pain and distress and could not continue. Rather than stop the exercise, the trainer ignored our client’s clear signs of distress and instead ordered him to complete each exercise, saying things like “Ignore the pain” and “You don’t want to be weak”, and rolling his eyes and becoming visibly frustrated. As a result, our client suffered injuries including a debilitating condition called rhabdomyolysis that leads to acute kidney failure. He was hospitalized for a week and developed extremely painful kidney stones.
Notably, our client had signed a waiver at the gym, which the gym tried to use to completely exculpate it and its trainer from any liability for our client’s injuries. Despite strong Supreme Court precedent in favor of such fitness center waivers, we successfully convinced the judge to strike the waiver and hold the gym responsible for all of its negligence.
After lengthy investigation and litigation, including working with a top-notch expert personal trainer to prove our case, we were able to secure a favorable settlement to compensate our client for his injuries.
Dram Shop – Drunk Driving & Illegal Service of Alcohol to Visibly Intoxicated Patron – $275,000 Settlement
The American Legion in Boyertown, Pennsylvania served excessive amounts of alcohol to a patron who then got behind the wheel, crossed over the double-yellow line, and crashed into our client, a father of 10 children. Our client suffered serious injuries including broken ribs, contusions to internal organs, and a fractured pelvis. He spent a week in the hospital and a week in an in-patient rehabilitation facility. In total, he missed approximately two months of work before making a surprisingly strong recovery and returning to work without limitations.
Our investigation showed that the drunk driver had been drinking heavily at the American Legion just before the crash. The bartenders at the American Legion over-served alcohol to the drunk driver. In specific, they served him alcohol while he was visibly intoxicated, which is illegal under Pennsylvania’s law known as the Dram Shop Act. The drunk driver admitted to the police that he had just left the American Legion where he “had too many beers” and “drank way too much.” Responding police officers immediately detected the following signs of visible intoxication: a very strong odor of alcohol on his breath; glassy eyes; slurred speech; poor balance; and hard time standing. The police officers administered a breathalyzer at the accident scene that yielded an extremely high BAC (blood alcohol content) of 0.25%. The drunk driver pled guilty to multiple charges, including DUI and received a sentence of 2-to-7 years in state prison.
Before a lawsuit was filed, we were able to secure a favorable settlement for our client of $275,000.
Dram Shop – Drunk Driving & Illegal Service of Alcohol to Visibly Intoxicated Patron – $225,000 Settlement
Our client, a 27-year-old man, was seriously injured when he was physically assaulted by an allegedly off-duty bouncer who was drunk at Lou Turk’s, the popular gentlemen’s club in Delaware County, Pennsylvania. The drunk bouncer spit on our client and struck him in the face, breaking multiple bones in his face, ultimately requiring surgery. By witness account, at no point did our client act aggressively or antagonistically toward the drunk bouncer. The brutal attack was completely unwarranted and unprovoked. The drunk bouncer was arrested and charged with simple assault, aggravated assault, harassment, and disorderly conduct.
Lou Turk’s claimed the drunk bouncer was not on duty, but he certainly had worked there as a bouncer. The drunk bouncer was visibly intoxicated, and yet Lou Turk’s bartenders continued to over-serve him alcohol in violation of Pennsylvania law. Further, Lou Turk’s did nothing to prevent the violent assault on our client.
Shortly after a lawsuit was filed, we were able to get Lou Turk’s liability insurance carrier to pay our client all of the available insurance money to compensate him for his injuries and suffering, an amount that totaled $225,000.
Motor Vehicle Negligence – All Available Insurance Coverage, Totaling $115,000 Settlement
Our client, a 66-year-old woman from Middletown, Pennsylvania, was driving through an intersection at a steady green light when suddenly her vehicle was struck by another driver who ran a red light because she was lost and claimed that her windows fogged up. Our client suffered a concussion with post-concussion syndrome. The impact also aggravated her chronic back pain the led to pain in her lower half.
After a thorough investigation, we obtained the entire insurance policy limit from the at-fault driver, which was a modest $15,000. Fortunately, our client carried underinsured motorist (UIM) benefits on her own auto insurance policy, which are benefits that pay when the other driver’s insurance policy limit is not enough to compensate the injured party. Without having to put our client through the time and expense of litigation, we were able to secure for her outside of court the total amount of UIM benefits – $100,000 – for a total recovery of $115,000, which was all insurance monies available to our client.
Motor Vehicle Negligence – $145,000 Settlement
Our client, a 40-year-old father and husband, was driving on Lincoln Drive in Philadelphia when another driver in the opposite lane crossed the double-yellow line and struck our client’s vehicle head-on. The violent impact from the collision caused our client’s airbags to deploy. He had to be cut out to be extracted from the vehicle due to the extent of the carnage. Our client’s vehicle was so heavily damaged that it was rendered inoperable from the scene.
He suffered a fractured left ulna (forearm) requiring surgery and two months of physical therapy. While he recovered from his injuries, he lost approximately $7,000 in wages from his job. After investigation and negotiations with the other driver’s liability insurance company, we were able to secure a favorable settlement for our client outside of court in the amount of $145,000.
Motor Vehicle Negligence – $135,000 Settlement
Our client, an 11-year-old girl, suffered a concussion with symptoms lasting approximately 3 months when the vehicle she was riding in was rear-ended by a negligent driver who had fallen asleep at the wheel in Stroud Township, Pennsylvania. Our client’s family was on their way to the zoo for our client’s younger brother’s birthday party. They were stopped at a four-way intersection when the other driver first struck one vehicle, which then was forced into and struck our client’s vehicle.
Our client, who is an avid dancer, could not participate in or practice dancing for 3 months. Fortunately, after consistent treatment our client made a full recovery from her head injury. We were able to secure a favorable $135,000 settlement for our 11-year-old client without having to put her through lengthy and stressful litigation.
Help & Support When You Need Them to Most
At Marciano & MacAvoy, P.C., we are not just award-winning personal injury attorneys in Philadelphia and beyond. We are also real friends and allies for our clients. After being in a terrible accident or incident that was not your fault, you can come to us for legal guidance, steadfast representation, and, perhaps most importantly, real moral support through such difficult times.