Personal Injury Defense

The personal injury defense lawyers at McElroy Deutsch have an extensive track-record of obtaining fair and successful results defending a wide range of personal injury cases, including high-exposure, complex catastrophic losses. 

In concert with the firm’s other practice areas, our personal injury defense practice covers an array of claims including:

• Wrongful Death
• Automobile Accidents
• Construction Accidents
• Workplace Injuries
• Premises Liability
• Product Liability

Our litigation practice investigates every claim with an eye towards efficient mitigation to achieve the best outcome for our clients, whether negotiated or tried.

Representative Cases

• Cannon v. E&D Trucking, Inc. Represented towing company in catastrophic burn case arising from motor vehicle collision. Settled at trial after close of evidence but before verdict.
• Benson v. Triple R. Excavating, LLC  Represented excavator in wrongful death arising from a trench collapse. Settled after in limine motions submitted and prior to jury selection.
• Astudillo v. Hayes Indus., Inc. Represented machine manufacturer /refurbisher / reseller in serious injury case. Settled with court involvement at the prior to trial.
• Cangelosi v. Saddle Brook Amoco, Inc. Represented service station owner in a products liability action arising from the alleged failure of an air-pressure gauge on a tire inflator that plaintiffs claimed caused catastrophic injuries to service station patron.
• Silva v. Best Provision, Inc. Represented employer in an intentional wrong case involving catastrophic industrial workplace accident. Settled after three days of trial.
• Paltin v. WTI, LLC, ESX-L-8344-09 Represented general contractor in paraplegia resulting from a 20-foot fall off roof in residential construction. Settled at mediation just prior to trial.
• Thornton v. Berardinelli Funeral Home, Represented funeral home director in multiple suits arising from desecration of human remains. Settled after direct negotiations.
• Transpackers Service Corp. v. Franklin Farms East, Inc. Represented supplier of contaminated dairy food products used in military meals and in action for declaratory judgment.  Settled at mediation.
• Sinclair v. Derricks Sheet Metal Works, Inc. Represented machine component manufacturer in product liability matter involving catastrophic bodily injury. Dismissed on summary judgment based on net opinion of plaintiff’s expert.
• Carlson v. Michael C. Walter Construction, LLC Represented site work contractor death arising out of brake failure on cement mixer.  Settled after direct negotiations.
• McVey v. Breton Steel Corporation Represented steel erector in catastrophic injury case arising from an alleged 30-foot fall from iron. Settled two weeks before trial after direct negotiations.
• Hiner v. Community Investment Strategies, Inc. Obtained summary judgment in favor of member of ownership entity that also was the property manager, where a construction vehicle returning to the property ran over a pedestrian in a cross-walk, causing catastrophic injuries.

• Jacobsen v. JP Morgan Chase, et al., Kings County, defense verdict in a construction site accident involving a worker who fell through a hole.