Our Philadelphia partner, Glenn Ricketti, Esq., recently completed a successful mediation in a major case where our client’s large, industrial dump truck rear-ended a school bus in traffic on the Schuylkill Expressway in Philadelphia, PA. The case involved a claim by the bus driver plaintiff, who claimed that the impact caused numerous low back disc herniations, resulting in fusions at the L4– L5 and L5–S1 levels. Plaintiff claimed she was totally disabled and could not return to any type of employment. Her disability claim was supported by her physicians and her vocational expert. This resulted in past and future wage loss claims in excess of $1 million. Plaintiff’s experts also provide opinions that she would need additional medical care and surgeries with future medical and life care costs exceeding $750,000. This resulted in total economic damages that would go, “On the Board” in excess of $2 million.
When the case was transferred to Glenn from a prior attorney who had been representing the defendant, the settlement demand was $2.6 million. After receiving the file, Glenn retained a series of expert witnesses including an orthopedic surgeon, a neuroradiologist and vocational, lifecare and economic experts to counter the Plaintiff’s damages claims. He also retained a liability expert in the form of a biomechanical engineer who provided an excellent opinion indicating that the force of the rear-end collision would have only pushed the plaintiffs low back securely into the driver seat and could not have physically caused low back herniations. The biomechanical expert witness opinion was that the force of the rear-end collision was no more than the force exerted on the plaintiff back every time she plopped down into a chair. Despite the clear liability and economic specials in excess of $2.1 million the case was resolved for a fraction of that amount. At mediation, the case resolved for several hundred thousand dollars below the settlement authority. Thorough legal analysis by Glenn showed that need for expert witness retention, and continued communications with the experts throughout the expert witness process resulted in expert reports countering every aspect of the plaintiff’s liability and damages claims. There is no substitution for thorough preparation.
On Tuesday 3/19/19, Glenn Ricketti presented a Seminar to the on the topic of “Jury Selection in the Pennsylvania Court of Common Pleas, Art or Science?” presented to Philadelphia Association of Defense Counsel (PADC)
Partners Michael P. McKenna & Glenn Ricketti were speakers at the annual Pennsylvania Association of Mutual Insurance Companies’ Claims Summit [www.pamic.org] in Gettysburg. As he has done for over 30 years, Michael presented his annual “Litigation Update,” summarizing developments in areas relevant to the insurance industry, and Glenn spoke on “Internet and Cyber Claims – Coming to A Computer Near You Soon.”
Glenn Ricketti addressed the topic of Subrogation and Liens as part of the National Business Institute conference on Litigating the Uninsured & Underinsured Motorist Claim. Glenn focused upon the legal elements of a subrogation claim, the typical documentation necessary, subrogation of PIP benefits and issues involving ERISA, Medicaid, Medicare and Bankruptcy.
Partners Michael P. McKenna and Glenn Ricketti addressed the attendees of the Pennsylvania Association of Mutual Insurance Companies (PAMIC) annual Claims Summit in Gettysburg attended by PAMIC members claim professionals. Michael McKenna presented his summary entitled the Annual Litigation Update, which he has done for over ten years, and Glenn Ricketti lectured on Cyber-Law and Social Media Exposures. PAMIC has been in existence for over 100 years serving the interests of over sixty companies, including both mutual and stock insurers, with exposures in Maryland, New Jersey, New York, Pennsylvania, Virginia and West Virginia.