Pittsburgh Partner Miles Kirshner Secures Defense Verdict In Elk Co., PA Negligence Action

On August 19, 2021, Pittsburgh partner Miles Kirshner secured a defense verdict for an insured client in a jury trial occurring in Elk County, PA. Our client was a construction contractor which had fabricated large hollow wooden columns for installation as part of the rehabilitation of an older home. Plaintiff constructed a home-made lathe which he used to attempt to turn these columns into a rounded shape. Plaintiff sustained a traumatic brain injury when he was struck by a piece of wood that came off of the column he was turning. Plaintiff alleged that the Defendant had negligently assembled the subject column using nails instead of wood glue. The Defendant denied the claim of negligent construction of the column, and contended that the Plaintiff was comparatively negligent for using an unsafe machine in an improper fashion. After a four-day trial, the Elk Co. jury returned its verdict finding our client not negligent.