CIVIL VERDICTS - PREMISES LIABILITY * Estate of Joan DeMarco v. The Marquis - Decedent business tenant of apartment/office complex owner murdered by former employee of defendant in violent assault during office burglary. Plaintiff's estate alleged negligent security theory of liability against defendant. Settlement negotiated with responsible insurance company in excess of One Million Two Hundred Thousand ($1,200,000.00) Dollars prior to trial. * Khaled Bakar v. Home Properties, Inc. - Plaintiff was standing on third floor balcony of friend's apartment owned by defendant, when the floor suddenly collapsed causing plaintiff to fall to ground. Plaintiff sustained fractured ribs, non-displaced tibia fracture and herniated disc, which was treated with physical therapy and multiple epidural injections. Montgomery County jury returned a verdict in the amount of Seven Hundred and Sixty Nine Thousand ($769,000.00) Dollars. Plaintiff filed Motion for Delay Damages which was granted and case was settled for Nine Hundred Thousand ($900,000.00) Dollars. * CIVIL VERDICTS - AUTOMOBILE ACCIDENTS * Riccardo v. Kim - Plaintiff sustained fractured cervical vertebrae at C5-6 level which required two surgeries and metal screws, arising from a two vehicle automobile accident. Out-of-court settlement negotiated with responsible insurance carriers in amount of Four Hundred Thousand ($400,000.00) Dollars prior to trial. * Estate of Robert Kane v. Joseph Falco - Decedent killed while passenger in one-car accident where intoxicated driver lost control of vehicle. Wrongful death claim settlement negotiated with responsible insurance company in the amount of Six Hundred and Sixty Thousand ($660,000.00) Dollars prior to trial. * Vinnie Moss v. Baldi Transportation/Erie Insurance Company - Plaintiff awarded Two Hundred Thirty Five Thousand ($235,000.00) Dollars by jury after trial. Defendant trucking company bankrupt and uninsured. Uninsured motorist claim settlement negotiated with plaintiff's insurance company in the amount of Two Hundred Thousand ($200,00.00) Dollars. * CIVIL VERDICTS - LIQUOR LIABILITY * Gerald & Irene Kane v. Dublin Wine and Spirits and Commonwealth of PA - Plaintiff husband and wife sustained multiple injuries in head-on collision with drunk driver. Husband-plaintiff sustained head injury resulting in brain hemorrhage and coma, with substantial recovery. Wife-plaintiff sustained broken ankle. Out-of-court settlement successfully negotiated against defendants prior to trial. Husband's claim - Two Hundred Forty Thousand ($240,000.00) Dollars. Wife's claim - Ninety Thousand ($90,000.00) Dollars. (Bucks County)* Edward Pisarek v. Adriatric Club - Plaintiff police officer assaulted while on duty by intoxicated bar patron skilled in martial arts. Plaintiff sustained permanent partial hearing loss and multiple lacerations. Non-jury trial verdict in favor of plaintiff and against defendant in amount of One Hundred Fifty Thousand ($150,000.00) Dollars. (Philadelphia County) CIVIL VERDICTS - PRODUCT LIABILITY* Keith Rosenberger v. Galoob Toys, Inc. - Plaintiff sustained temporary partial loss of vision in one eye with increased risk of future glaucoma, when struck in eye by defendants' children's toy, while plaintiff demonstrated newly purchased toy for child. Out-of-court settlement successfully negotiated against defendants in the amount of One Hundred Fifty Thousand ($150,000.00) Dollars prior to trial. (Montgomery County)* Raymond Cost v. Caterpillar, Inc. - Plaintiff sustained partial amputation of his lower leg, when his foot was crushed in an unguarded pinchpoint of rotating couplings inside engine area, while plaintiff was performing maintenance of defendant's heavy trash compactor/metal shearer. Out-of-court settlement successfully negotiated against defendant in the amount of Four Hundred Seventy Five Thousand ($475,000.00) Dollars prior to trial. (Montgomery County)

Bill Cosby’s Conviction Reversed!

Post by admin on June 30, 2021

Today, the Pennsylvania Supreme Court reversed and vacated Bill Cosby’s Montgomery County conviction on all three counts of sexual assault.  PA’s highest court  further held that the Montgomery County District Attorney’s Office is barred from pursuing any future prosecution of Mr. Cosby for these same charges.

Bill Cosby was convicted by a Montgomery County jury of three counts of aggravated indecent for allegedly sexually assaulting Andrea Constand in 2004. When Constand first reported the allegations, the District Attorney at the time, Bruce Castor, investigated the allegations, but apparently concluded that it was unlikely that a criminal prosecution of Cosby would be successful.

In a supposed effort to effectuate some justice for Ms. Constand, Mr. Castor entered into an agreement with Cosby’s lawyers which, in essence, purported to grant Cosby immunity from criminal prosecution for any testimony that Mr. Cosby gave in connection with Ms. Constand’s civil suit arising out of the same alleged sexual assaults. Without such an agreement, Mr. Cosby would have properly asserted his Fifth Amendment right to remain silent at any depositions in the civil case, on the grounds that his testimony could be used against him in a subsequent criminal prosecution. In apparent reliance on Castor’s agreement not to prosecute, Mr. Cosby testified at the deposition for Ms. Constand’s civil case.

Mr. Castor’s successors in the Montgomery County DA’s Office apparently did not feel that they were bound by the agreement that Castor purportedly made with Cosby on behalf of the DA’s office.   In 2015, Bill Cosby was charged with three counts of aggravated indecent assault for the alleged 2004 sexual assaults of Constand. The inculpatory testimony that Cosby gave at the deposition for Constand’s civil case, was admitted against Cosby in his criminal trial.

In an Opinion issued on June 30, 2021, the Pennsylvania Supreme Court concluded that the Montgomery County District Attorney’s Office was not free to disregard the agreement that former DA Castor made on behalf of the District Attorney’s Office. The Court opined that “neither our principles of justice, nor society’s expectations, nor our sense of fair play and decency, can tolerate anything short of compelling the Montgomery County District Attorney’s Office to stand by the decision of its former elected head.”

More to come.

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