Verdicts & Settlements

Pioneer of the Opioid Crisis Hit with $2.274 Million Verdict

A Philadelphia jury returned a $2.274 million verdict in a civil medical malpractice case in favor of a former patient against a now-convicted physician. In Rivera v. Bado, July Term, 2014, No. 01548, the Plaintiff alleged that the Defendant recklessly over-prescribed opioids in 2011 and 2012 when the Defendant operated a “pain management” practice. The Plaintiff had been referred to

$3,000,000 Medical Malpractice Settlement

On the first day of trial, defendants agreed to settle a medical malpractice case venued in Camden County New Jersey for over $3 million. The plaintiff was set to prove that an important pre surgery lab test was ignored by the surgeon, and that the postoperative nurse responsible for caring for the patient after surgery failed to identify classic signs

Industrial Accident Case Settles for $2.6 Million

This was a premises liability action arising from Defendant Carpenter Technology Corp.’s negligence in directing a crew of industrial site workers to modify their task. The modification was completely unnecessary and was directed without considering whether the benefits of the change were worth the associated safety risks to workers. The result was a career-ending injury to Plaintiff, caused by interference

Injured Trucker Settles for $500,000

This was a premises liability case. We represented a truck driver. The Defendants controlled commercial property where a fall occurred. Tractor-trailers come and go from the facility all day and night. Our client slipped and fell due to the icy condition of the facility’s parking lot. He fell after getting out of his cab, while attempting to operate a cranking

Victims of Airbag Failure Settle

For $2 million, an auto manufacturer and its authorized distributor have settled a products liability claim arising from the failure of front airbags to deploy in a head-on collision between two passenger cars.  The collision was caused by a drunk driver who crossed over the center line.  Zajac & Arias co-counseled on the case with Williamsport-based Lepley, Engelman & Yaw.

Victim of Fireworks Explosion settles case for over $500,000

This case arose from a community fireworks display.  The cause of this incident was a malfunctioning firework that landed in a crowd of spectators who were allowed to sit within the fall-out zone where they should not have been.  The fireworks display was held at a township park. The incident occurred at the very end of the fireworks display, and

Jury awards $668,000 to injured delivery worker

This case arose from the negligent maintenance of a storm grate at a Kmart facility in Easton, Pennsylvania.  The storm grate at issue was missing a tine.  Our client sustained serious and permanent injuries when he fell through the storm grate and permanently injured his knee and back.  At the time of the incident, our client was working as a

Airbag Case Settles

This crashworthiness action arose from a collision which occurred in New Jersey.  We represented the seat-belted driver of a vehicle traveling at a moderate rate of speed on a two-lane highway in Warren County, New Jersey.  The driver was returning to Pennsylvania from his place of employment in New Jersey, when the vehicle traveled onto the opposite lane of travel. 

Landscaper Struck by Car Settles for $360,000

This motor vehicle versus pedestrian accident action arose from a collision that occurred when our client was struck by the side of the road by an elderly driver.  Our client was a landscaper.  A vehicle he was standing behind was a landscaping truck and had its rear doors open and a ramp descending from the interior of the vehicle to

Grocery Store Patron Settles Slip and Fall

Our client was shopping at a Center City, Philadelphia grocery store.  Walking through the juice isle, she stepped into a pool of liquid spilled by a store employee who dropped a juice container while loading a shelf.  The entire incident was caught on tape.  The tape confirmed that the spill was caused by an employee.  The tape also confirmed that

Pedestrian Struck by Car Settles

Our client was a pedestrian crossing North Park Road at the intersection of Oley Street from east to west in West Reading.  At the time of the incident, there was afternoon traffic backing up North Park Road where it crossed Oley Street.  A car that was stopped on the north traveling lane in North Park Road waived for our client

85 Year Old Car Crash Victim Settles for Policy Limits

Our client was driving her 1997 Ford Escort northbound on Oxford Valley Road and had entered the left-hand turning lane to turn onto Trenton Road.  She was using her lap and shoulder seat belts.  Approximately two hundred yards before reaching Trenton Road, the 2007 Hyundai owned and operated by the at-fault driver abruptly exited a parking lot on the east

Injured Truck Driver Settles Product Liability Claim

The firm’s client was a truck driver required to climb up metal steps to secure a tarp over the trailer. While climbing down the ladder he stepped onto a corroded step. The step failed and he fell about 15 feet. Our client sustained career-ending back injuries and has been awarded full disability benefits by the Social Security Administration. The step

Amusement Park Patron Settles Neck Injury Claim

Zajac & Arias represented a 35 year old woman who sustained a serious neck injury on a roller coaster. The injury resulted in immediate paralysis. Neurosurgery was required to fuse the neck. The roller coaster lacked proper restraints to protect against the ride’s jarring side to side force’s placed on the rider’s neck as the ride moves through a series

Injured Special Forces Candidate Settles Motorcycle Defect Claim

This client came to Zajac & Arias after his leg was crushed by a motorcycle that fell on him. The kickstand had failed. The firm’s investigation revealed that a component part of the kick-stand had become bent making it prone to unpredictable failure. The part of the kick-stand that was bent was on the lowest point of the underside of

46 Year Old Woman’s Estate Settles Airbag Defect Claim

Zajac & Arias represented the estate of a 46 year old wife and mother of four killed in a single-vehicle head-on crash. The woman was the front seat passenger. The estate claimed that the airbag should have deployed. Testimony of the on-scene first responders confirmed that the authorities were puzzled why the front passenger airbag had not deployed given the

Injured Postal Worker Awarded $300,000.00 Settlement

Zajac & Arias represented a Letter Carrier injured by a roof that partially collapsed while he was delivering the mail. As our client was walking onto a porch, part of the roof suddenly collapsed onto his back. The house was rented out by the owner and there had not been any maintenance or up-keep to the roof in many years.

Award for Client Injured in Forklift Accident

The firm’s client was a visitor at a carpet warehouse. While walking in the warehouse he was struck by a forklift running in reverse without back-up warning sounds. His leg was crushed by the fork lift, necessitating several operations. The forklift lacked adequate warnings when backing up and was negligently operated. Our client was awarded $625,000. The case was handled

Woman injured in parking lot fall

Zajac & Arias represented a home health aide who fell on rocks in the parking lot of an apartment building in New Jersey. She suffered a broken elbow. The rocks had washed into the parking lot during a storm two days before, and the owners of the building had simply left them there instead of cleaning them up. Zajac &

Man suffers bedsore due to improper care

This client came to Zajac & Arias for an investigation of a medical problem he developed while under the care of a Philadelphia hospital. Zajac & Arias recognized that his outcome was a recognized risk of the treatment and therefore not a case, but the firm’s investigation found the man’s care was substandard in that the man had been allowed

Client Struck by Car

This action arose when a Zajac & Arias client was hit by a car while washing his own car. He was pinned between two cars, resulting in serious injuries to his leg. The auto insurance company paid its policy limits of $100,000. The case was handled by Martín Arias.

Bicyclist seriously injured in hit and run (Philadelphia)

Zajac & Arias represented a Polish man who was injured when a car struck him from behind while he was riding his bicycle in the Port Richmond neighborhood of Philadelphia. The driver of the car fled the scene before police arrived. A passerby had recorded his license plate. Because the injured man spoke only Polish, he had difficulty communicating with

Client Blinded in Paintball Gun Injury

This action arose when a 17-year-old boy was visiting the home of his 17-year-old friend. While the parents were home and not supervising the children playing with a paintball gun, the friend accidentally shot our client in the eye and he is now blind in that eye. The claim settled out of court for the full amount of insurance coverage

Woman injured on defective sidewalk on way to work (Philadelphia)

A woman hired Zajac & Arias after being injured on her way to work, when she fell due to a crack in the sidewalk in front of a convenience store. Zajac & Arias handled the case and secured a favorable verdict at arbitration. The defendant appealed the arbitration, and the case went before a judge. Zajac & Arias attorney Dominik

Slip and fall Sidewalk Injury

This claim arose when the firm’s client tripped and fell due to a defective sidewalk and injured her knee, necessitating an operation. The case settled for the home-owner’s insurance policy limits of $100,000 for the owner responsible for the condition of the sidewalk. The case was handled by Martín Arias.

Polish man suffers brain injuries; internal bleeding; broken bones in car crash

A man was severely injured when the driver of the car in which he was a passenger slammed the car into a telephone pole while intoxicated. The car burst into flames. Fortunately emergency personnel were able to douse the flames before they engulfed the car. After being Life-Flighted by helicopter to a hospital, the firm’s client received extensive treatment for

Jury rules for client in medication overdose trial

A Philadelphia County jury has decided in favor of a firm client in a medication overdose case. The firm’s client suffered from an overdose of Zyprexa. He had been administered the drug by the staff at a nursing center where he was a resident; the order for the anti-psychotic medication had been called into the facility by his treating physician

Crane Collapses into Sinkhole; Two Construction Workers Seriously Injured

Zajac & Arias represented two employees of a construction site subcontractor. As employees of this company, they were assigned to report to work at construction projects at various locations. On the day of the incident, they were performing their regular and assigned job duties at a construction site near Mount Joy, Pennsylvania. For one of our clients, it was his

Roof Crush Injury Claim settles out of court (Product defect)

In this case, our client was a rear passenger in a car. The driver lost control of the vehicle resulting in the vehicle overturning. The vehicle’s roof did not withstand the weight of the vehicle and crushed, causing severe spinal injuries. The case was settled for a confidential sum. This claim was handled by firm members Eric G. Zajac and

Tractor Trailer Driver Injury

This action arose when our client, a tractor trailer driver, was parked on the side of the highway due to a mechanical failure. While sitting in his cab, he was violently rear ended and sideswiped by another tractor trailer that ran into the emergency lane at a high rate of speed resulting in back injuries. Evidence showed that the driver

Failure to Maintain Suicide Watch in a Mental Hospital

This action arose when our client committed suicide while under the suicide watch and supervision of a mental health hospital in 2007. The client was supposed to be under constant watch and checked at regular intervals. He was found hanging from his door. The case was settled in alternative dispute resolution by a retired judge. The case was handled by

Ford settles SUV rollover case

Ford Motor Co. agreed during jury selection to resolve a case involving the rollover of a 1998 Explorer. The rollover resulted in the death of the driver, whose estate hired Zajac & Arias to litigate the case. The case was venued in the Philadelphia Court of Common Pleas. The terms and conditions of the settlement are confidential. This case was

Deal offered in girl’s scalding death

Wednesday, February 14, 2007: CARLISLE – After a nine-year court battle, a proposed settlement is on the table concerning the scalding death of a 19-month-old girl. A Cumberland County judge will decide whether to approve the accord among the family of the toddler, Heather Johnson, the Illinois-based A.O. Smith Corp. and the owners of a Carlisle apartment building where the

GM and Suzuki settle SUV rollover case

General Motors, Suzuki and Cami Automotive have agreed to settle a single-vehicle rollover which resulted in the death of a 20 year-old Pennsylvania man. On May 11, 2001, Mark Barsottini was scheduled to attend the prom of his girlfriend, Shannon Marshall. Mark was operating a 1997 four door Geo Tracker owned by his parents. Mark and Shannon, along with another

Toyota settles roof defect case

Toyota Motor Corp. of Japan has settled with a Zajac Law Firm client who claimed that a defectively weak roof contributed to head injuries sustained in a single vehicle accident. The Zajac Law Firm represented a Washington, D.C. business man who was traveling through Namibia, Africa on behalf of a U.S. federal agency when the pick-up truck he was driving

Doctor’s estate settles retained sponge case

In the summer of 1977, Linda Schoelkoph was a 27 year old married mother who suddenly developed mid-section pain acutely and was taken to a local hospital for evaluation. Ms. Schoelkoph was examined by a surgeon and an appendectomy was emergently performed. More than twenty-three years later, in the fall of 2000, Ms. Schoelkoph began to experience mid-section pain. When

GM, Suzuki and Takata settle seatbelt failure case

Eric Zajac represented a 50 year old Florida woman who was ejected from a Geo Tracker and violently thrown onto a highway after her seat-belt allegedly failed. The injuries left the driver permanently disabled. The Defendants, who had either designed, manufactured or sold the Tracker or its seatbelt system, alleged that Zajac’s client was never wearing her seat-belt to begin

GM, Suzuki settle SUV rollover case

Eric Zajac represented the estate of a retired Philadelphia police officer who was tragically killed in a single vehicle accident in Florida. An evasive maneuver triggered this rollover of a small SUV. The driver turned from the left hand lane into the right hand lane to avoid the car in front of him, then he turned back into the left

GM, Suzuki settle SUV rollover Roach case

This SUV rollover occurred when the driver was side impacted at low speed. Eric Zajac’s client was driving her two-door Geo Tracker at or near the posted speed limit of 35 m.p.h. when a car that had come to a complete stop pulled out and struck her on the passenger side. The impact caused the Tracker to spin clock-wise and

Cancer Victim’s Family Settles Out of Court

A Blair County judge has approved an out-of-court settlement for the survivors of a woman who died in 1998 from lung cancer. Judge Hiram A Carpenter was to preside over a two-week civil trial in May in which Wayne Campbell of Altoona was suing Sylvan Radiology and now-retired Dr. Mason Whitmore for not diagnosing a tumor that eventually led to

Martial Arts Instructor Wins $2.5 Million Dollar Verdict

After deliberating for 50 minutes, a Philadelphia jury Friday returned a $2.5 Million verdict to compensate a man for the pain and suffering he received after complications in a thyroid surgery that removed a malignant tumor. Eric G. Zajac, associate at Weinstein, Goss, Schleifer, Eisenberg, Winkler, Rothweiler & Ostroff argued the case for his client, Alan Feldman, before Common Pleas

Chrysler settles minivan latch failure case allegedly resulting in boy’s death

COURT OF COMMOM PLEAS PHILADELPHIA COUNTY DECEMBER TERM, 1997 – NO. 3651 On December 31, 1995, Plaintiff-Decedent, Khalif Stowers, was a rear seat passenger in a 1986 Dodge Caravan (“minivan”) designed, manufactured and sold by or on behalf of DaimlerChrylser Corporation. The lawsuit arose following a collision between a tractor-trailer owned by Traffik Services, Inc. and operated by Neil Horan,

Seat-belt defect case settles

Eric Zajac represented the estate of a young girl who was a passenger in a car driven by a friend. The vehicle had been designed and equipped with a shoulder harness and lap belt that were not integrated, meaning that although the shoulder harness automatically engaged when the occupant shut the door, the lap belt had to be manually secured.