Golomb & Honik, P.C., attorneys at law


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The Federal Courthouse
Throughout its storied history, Philadelphia's federal courthouse has witnessed dozens of the most important decisions in American jurisprudence.

The attorneys at Golomb & Honik have been involved in literally hundreds of successful verdicts and settlements. Some of our more noteworthy cases are outlined here. Click on the headlines below to read the whole story.

$7.3 Million Settlement for Misled Students Golomb & Honik represented current and former students who sued a national vocational school…

Confidential Multi-Million-Dollar Settlement for Pennsylvania Plant Workers After exposure to beryllium, some workers at a Reading, Pennsylvania plant died, and others were injured…

Multi-Million Dollar Settlement in Chemical Exposure Case Golomb & Honik successfully represented dozens of individual workers…

Eight Figure Confidential Settlement in Truck-Minivan Accident After a husband and wife pulled their minivan onto the shoulder of the road to look at a map, they were struck by a speeding…

Confidential Settlement in Fatal Intersection Accident Golomb & Honik successfully represented the estates of two vehicle occupants tragically killed at an intersection…

$6.5 Million for Paraplegic A hotel van transporting international flight attendants to the airport ran a red light, broadsiding a vehicle and rendering the driver a paraplegic…

$4 Million for Estate of a Student Killed by a Drunk Driver Bar surveillance cameras showed a mutual fund executive being served more than 10 drinks over a short period…

$2.5 Million Jury Verdict Against Philadelphia Mascot A Philadelphia jury returned a $2.5 million verdict against the Philadelphia Phillies Baseball Club after finding that its mascot…

$1.5 Million for Estate of 9/11 Victim On September 11, 2001, a motivational speaker giving a speech in the World Trade Center was one of the thousands who lost his life after airplanes struck…

Seven-Figure Confidential Settlement for Brain Injury A confidential seven-figure settlement was obtained on behalf of a 65-year-old man who developed severe brain damage…

Seven-Figure Confidential Settlement for Nursing Home Abuse The wheelchair used at a group home for disabled adults had a history of chronic maintenance problems…

Seven-Figure Confidential Settlement in Botched Spine Surgery A confidential seven-figure settlement was obtained on behalf of a 50-year-old woman who underwent cervical spine surgery…

Seven-Figure Confidential Settlement in Breast Cancer Case A confidential seven-figure settlement was reached during trial on behalf of a 50-year-old woman whose surgeon failed to biopsy…

Seven-Figure Confidential Settlement in Cerebral Palsy Case A confidential seven-figure settlement was obtained on behalf of a seven-year-old child who developed mild spastic diplegia…

Seven-Figure Confidential Settlement in Garage Door Accident A confidential seven-figure settlement was reached in the case of a 40-year-old man who was injured by a commercial garage door…

Aerospace, Machinist, and Electronic Workers Exposed to Beryllium Golomb & Honik represents thousands of aerospace, machinist, and electronic workers across America…

$1.25 Million for Worker who Fell After the outrigger of a concrete mixer was placed on unstable ground, the mixer tipped, causing its boom to knock a construction worker…

$1.2 Million Jury Verdict Against Orthopedic Surgeon A Philadelphia jury returned a $1.2 million verdict against a woman’s orthopedic surgeon for failing to diagnose a post-operative knee…

$1 Million in Interstate Collision Driving home one day, a man braked to a stop when he came across an accident being cleared on the interstate…

$1 Million for Paraplegic Victim of Bad Faith After a man was rendered a paraplegic in a motor vehicle accident, he required extensive medical care on both an in-patient and outpatient basis…

$850,000 Jury Verdict Against Radiologist A 70-year-old man was out for his nightly jog when he was mugged near his home in Northeast Philadelphia…

$850,000 Verdict in Electrocution Death A business hired a "handyman" to change bulbs in their electric sign. Before doing so, he turned off the main power supply…

$750,000 Settlement for Faulty Hinge Design The general manager of a popular Philadelphia restaurant was closing an awning during a windstorm when the awning was struck by a gust…

$650,000 Jury Verdict Against Orthopedic Surgeon An Atlantic County, New Jersey, jury returned a $650,000 verdict against an orthopedic surgeon for improperly repairing a fractured femur…

$500,000 for Man Injured During Car Theft A man parked his car across the street from a Philadelphia market and went food shopping…

$500,000 for an Estate Victimized by Legal Malpractice Five years after initially suffering post-traumatic seizure disorder, a casino engineer was weaned off one medication…

Confidential Settlement for Improperly Filled Prescription An actively employed 70-year-old woman had for years taken medications to treat her low blood pressure and thyroid condition…

Confidential Settlement in Stomach Cancer Case A confidential settlement was reached on behalf of the family of a woman who died of stomach cancer…

Confidential Settlement in Quadriplegia Case A young woman was afflicted from birth with a skeletal abnormality that confined her to a wheelchair by the time she entered high school…

Confidential Settlement in Overturned Forklift Case Forklifts have a known propensity to tip over and are typically fitted with seat belts and hip restraints to protect drivers…

Confidential Settlement in Food Cart Accident The “kitchen utility man” at a national chain restaurant was considered an exemplary employee…

Confidential Settlement for Hospital Neglect An otherwise healthy man in his mid-seventies was admitted into the hospital for brain surgery…

Confidential Settlement for Electrician Who Fell An experienced union electrician was performing electrical work in a ceiling more than 30 feet above the ground floor of a church…

Confidential Settlement for Driver Injured by a Dangerous Load A long-distance truck driver regularly made stops between New Jersey to Florida…

Confidential Settlement for Injured Surgeon A surgeon who was insured against disability suffered multiple herniated discs resulting in multiple surgeries…

Confidential Settlement in University Defamation Case A college used a former student’s photograph distastefully and without permission in marketing materials…

$7.3 Million Settlement for Misled Students Golomb & Honik represented current and former students who sued a national vocational school, alleging that they had been fraudulently misled as to the education they would receive. Golomb & Honik served as co-lead counsel in this groundbreaking consumer class action in which plaintiffs and absent national class members sought education from a publicly traded corporation in the field of diagnostic medical sonography. Golomb & Honik succeeded in demonstrating the chain of schools fraudulently misrepresented the nature of the ultrasound program and otherwise failed to provide the education represented. Students received federally guaranteed student loans but were largely unable to obtain promised jobs in their area of study. The school had no meaningful admissions criteria and often hired unqualified administrative and educational personnel. Field placements did not materialize, and students were unprepared to take qualifying exams. Students were stuck with loan repayments for which they received little or nothing in return. In approving certification of the class, and later the class settlement, the United States District Court said of counsel representing plaintiffs that “[t]he skill of each of these attorneys is reflected both in settlement and in the aggressive manner in which they pursued this litigation from start to finish.” 197 F.R.D. at 149. The Court noted in conclusion, “the highly skilled class counsel provided excellent representation both for named plaintiffs and absent class members.” Id. The class settlement of $7.3 million was the largest common fund of its kind.

Confidential Multi-Million-Dollar Settlement for Pennsylvania Plant Workers After exposure to beryllium, some workers at a Reading, Pennsylvania plant died, and others were injured. A judge who cited the statute of limitations threw out their lawsuits. However, the lawyers at Golomb & Honik did not give up and achieved an important victory before a panel of judges on the Third Circuit Court of Appeals. Golomb & Honik attorneys argued that the statute of limitations did not apply because doctors had told the workers that their illness did not relate to beryllium. Only at a later time, within the statutory period, was it known that the illness causing their injuries and deaths stemmed from beryllium exposure. A majority of judges agreed, and the cases were successfully reinstated. Golomb & Honik then achieved a multi-million dollar settlement against the defendant polluter, even though the defendant was bankrupt at the time.

Multi-Million Dollar Settlement in Chemical Exposure Case Golomb & Honik successfully represented dozens of individual workers—and a class of more than 1,000 additional workers—in a case arising from ongoing occupational exposure to sulfur dioxide and sulfur trioxide in Delaware County, Pennsylvania. For more than a decade, workers at an oil processing facility were exposed to emissions of sulfur dioxide and sulfur trioxide gasses from a neighboring plant. Those emissions caused reactive airways disease and occupational asthma in many workers. In addition, many others were exposed and require medical monitoring to detect the potential onset of pulmonary disease. Following years of protracted litigation, and the bankruptcy of the defendant polluter, Golomb & Honik achieved a multi-million dollar settlement against the bankrupt polluter, instead of the pennies on the dollar that many other creditors received.

Eight Figure Confidential Settlement in Truck-Minivan Accident After a husband and wife pulled their minivan onto the shoulder of the road to look at a map, they were struck by a speeding tractor trailer. Both were hospitalized with severe injuries, and she was permanently confined to a wheelchair in a condition requiring extensive care. Golomb & Honik attorneys were part of a team that established that the truck driver had been speeding, that he had exceeded the permissible number of hours on the road, and that much of the proper documentation for the truck had not been filed. In addition, they established that the trucking company knew about these many deficiencies. On the third day of trial, a confidential eight-figure settlement was reached.

Confidential Settlement in Fatal Intersection Accident Golomb & Honik successfully represented the estates of two vehicle occupants tragically killed at an intersection not properly protected by four-way stop signs. Investigation and discovery in the case revealed that the Pennsylvania Department of Transportation had undertaken a study of an adjoining intersection, less than a half mile away, and found design justification to erect a four-way stop sign. Despite the fact that the intersection in which these occupants were killed was identical in all respects and clearly required the erection of a four-way stop sign, the Department of Transportation inexplicably erected four-way controls at one intersection and not the other. A significant confidential settlement was reached on behalf of the estates.

$6.5 Million for Paraplegic A hotel van transporting international flight attendants to the airport ran a red light, broadsiding a vehicle and rendering the driver a paraplegic. The insurer for the hotel denied the claim, claiming that the injured driver had been the one to run the light. In support of their claim, they produced multiple statements from flight attendants attesting that the other driver, in fact, ran the red light. Litigation ensued, and during discovery it was determined that the flight attendants who gave "statements" were unable to speak or read English. In fact, the statements were prepared by an investigator on behalf of the hotel and signed by the flight attendants without translation. After three mediation sessions just prior to trial, the case settled for $6,500,000.

$4 Million for Estate of a Student Killed by a Drunk Driver Bar surveillance cameras showed a mutual fund executive being served more than 10 drinks over a short period. With the assistance of bar employees, he then walked to his car to drive himself home. On the drive, he fled the scene of one accident only to swerve into oncoming traffic, causing a second accident that killed a college student. On behalf of the student’s estate, Golomb & Honik attorneys successfully negotiated a settlement of more than $4 million from the driver and the bar.

$2.5 Million Jury Verdict Against Philadelphia Mascot A Philadelphia jury returned a $2.5 million verdict against the Philadelphia Phillies Baseball Club after finding that its mascot, the Phillie Phanatic, negligently “hugged” the manager of a paint store while the Phanatic was performing at the store’s opening. Because the Phanatic took the store manager by surprise, the manager twisted his back severely, resulting in the herniation of a cervical disc. As a result, the store manager required a number of spine surgeries and suffers from chronic, severe pain that prevents him from working as the store manager.

$1.5 Million for Estate of 9/11 Victim On September 11, 2001, a motivational speaker giving a speech in the World Trade Center was one of the thousands who lost his life after airplanes struck the twin towers in a terrorist attack. In response to that tragic day, the Association of Trial Lawyers of America created Trial Lawyers Care (TLC). TLC was a group of more than 2,000 lawyers from across the country who, on a pro bono basis, represented the victims of 9/11 and their families as they negotiated a complicated compensation system established by Congress. Golomb & Honik lawyers had the privilege of representing the motivational speaker’s family in this process—compiling hundreds of pages of documents, completing the extensive forms necessary to obtain an “award” through the compensation system, hiring economic experts, and attending a hearing in New York. His family received more than $1.5 million.

Seven-Figure Confidential Settlement for Brain Injury A confidential seven-figure settlement was obtained on behalf of a 65-year-old man who developed severe brain damage from an undiagnosed pericardial tamponade after having been admitted to a local hospital to undergo heart bypass surgery. The surgery was successful, but one week after surgery he developed signs of respiratory distress and chest pain. These signs went undiagnosed until the man went into cardiac arrest. Although he was revived, he was left in a severely neurologically impaired condition requiring constant care.

Seven-Figure Confidential Settlement for Nursing Home Abuse The wheelchair used at a group home for disabled adults had a history of chronic maintenance problems. Despite being fitted for a seatbelt, the patient was repeatedly found on the floor after having slipped from the chair. The home failed to fix the chair, which ultimately led to the disabled woman slipping from the belt in such a way that it strangled her to death while she was unattended. Golomb & Honik attorneys achieved a confidential seven-figure settlement for her estate and motivated the home to institute seminar training for its entire staff to prevent incidents of this kind in the future.

Seven-Figure Confidential Settlement in Botched Spine Surgery A confidential seven-figure settlement was obtained on behalf of a 50-year-old woman who underwent cervical spine surgery to alleviate chronic pain. It was revealed that during surgery the neurosurgeon had drilled directly into the woman’s spinal cord, causing severe and permanent injury, including chronic pain.

Seven-Figure Confidential Settlement in Breast Cancer Case A confidential seven-figure settlement was reached during trial on behalf of a 50-year-old woman whose surgeon failed to biopsy a breast mass. As a result, the woman’s breast cancer diagnosis was delayed for nine months, by which time the cancer had spread to her lymph nodes and other parts of her body, substantially reducing her chance for cure.

Seven-Figure Confidential Settlement in Cerebral Palsy Case A confidential seven-figure settlement was obtained on behalf of a seven-year-old child who developed mild spastic diplegia following her delivery at a local hospital. The child’s mother had been encouraged to try a vaginal delivery after having her first child by caesarian section. Discovery in the case revealed that the child’s mother had had a very low chance of successful vaginal delivery, that she had been given too much pitocin, and that her fetal monitor strips showed evidence of hypertonus. As a result the mom’s uterus ruptured, causing the child to be born severely hypoxic, which in turn led to the development of cerebral palsy.

Seven-Figure Confidential Settlement in Garage Door Accident A confidential seven-figure settlement was reached in the case of a 40-year-old man who was injured by a commercial garage door. Discovery in the case revealed that the man was a truck driver making a delivery at the defendant’s place of business. While he stood on the threshold, under the garage door, it suddenly descended, striking him on the top of his head and knocking him down. He was taken to the local emergency room, where a mild concussion was diagnosed. He was later diagnosed with a herniated cervical disc and underwent surgery to repair the disc. Left with significant difficulty in turning his head and severe headaches, he was unable to continue his career as a truck driver.

Aerospace, Machinist, and Electronic Workers Exposed to Beryllium Golomb & Honik represents thousands of aerospace, machinist, and electronic workers across America in personal injury and medical monitoring claims arising from occupational exposure to beryllium. In such far flung jurisdictions as Mississippi, Massachusetts, Georgia, Louisiana, California, New Jersey, and Pennsylvania, Golomb & Honik has brought claims on behalf of these workers and their families, who have been exposed to “take-home” beryllium on worker clothes and shoes. These claims seek significant personal injury awards for those who have contracted chronic beryllium disease (CBD), as well as for those who have been beryllium sensitized. Medical monitoring is sought for those whose exposure leaves them at lifetime risk of contracting sensitivity and disease.

$1.25 Million for Worker who Fell After the outrigger of a concrete mixer was placed on unstable ground, the mixer tipped, causing its boom to knock a construction worker into a concrete foundation. His neck and shoulder injuries disabled him for years. Golomb & Honik attorneys secured a $1.25 million settlement on the eve of trial.

$1.2 Million Jury Verdict Against Orthopedic Surgeon A Philadelphia jury returned a $1.2 million verdict against a woman’s orthopedic surgeon for failing to diagnose a post-operative knee infection in a timely manner. The 60-year-old woman had undergone a knee replacement procedure by the defendant surgeon and had developed signs and symptoms of an infection within the knee. Unfortunately the infection was not diagnosed for six weeks, by which time permanent damage had occurred; she required additional surgery and suffered permanent pain and damage to her knee.

$1 Million Jury Verdict Against Gastroenterologists A Philadelphia jury returned a $1 million verdict against a pair of gastroenterologists for failing to diagnose a 60-year-old woman’s cancer of the small bowel in a timely manner, resulting in a 22-month delay in diagnosis; by that time the cancer had spread to other parts of her body and was incurable. The woman, who was survived by her husband and four sons, died nine months later. The woman had presented with severe bleeding from her small bowel, but the doctors never performed a CT scan, which would have diagnosed the tumor at a time when it was much smaller and curable.

$1 Million Settlement for Young Child After her family’s landlord refused to remove lead-based paint from the apartment where she lived, a young girl suffered cognitive and other developmental delays. Critical neurological and neuropsychological evaluations were prepared and submitted by plaintiff’s experts, facilitating a structured settlement over the minor plaintiff’s lifetime that exceeded $1 million. As a further result of the litigation, the landlord was forced to abate the lead paint conditions so that the residence would no longer pose a risk to the young girl, her family, or future residents.

$1 Million in Interstate Collision Driving home one day, a man braked to a stop when he came across an accident being cleared on the interstate. Before he could begin moving again, he was rear-ended by a tractor-trailer going more than 45 miles per hour. His vehicle was thrown into the air and traveled more than 20 feet. Golomb & Honik attorneys established that the truck driver had looked down for a period, leading to the accident. After complex negotiations due to insurance coverage issues and the participation of multiple parties, the case was settled for $1 million.

$1 Million for Paraplegic Victim of Bad Faith After a man was rendered a paraplegic in a motor vehicle accident, he required extensive medical care on both an in-patient and outpatient basis. At a certain point in his recovery, he was home and receiving physical therapy on a daily basis; his rehabilitation specialist prescribed outpatient physical therapy at the rehabilitation hospital where he had spent months as a patient. The outpatient physical therapy would allow him to transfer himself from his bed to a wheelchair and, ultimately, teach him how to drive a specially equipped van so that he could be self-sufficient. His insuring HMO, while agreeing to pay for the outpatient physical therapy, refused to pay for the transportation services to and from that therapy, and paratransit service was unavailable. The HMO’s refusal to pay for the transportation for outpatient services essentially left the patient alone at home without treatment. As a result, he suffered extensive bedsores and required hospitalization on five separate occasions. Bad faith litigation was instituted against the HMO by Golomb & Honik attorneys, who overcame preliminary objections and motions to dismiss based on various "HMO immunity" statutes. During the course of discovery, it was clearly determined that the HMO administrators who denied the claim did so in bad faith by misapplying their own policy language. Upon completion of depositions, the case settled for $1 million.

$850,000 Jury Verdict Against Radiologist A 70-year-old man was out for his nightly jog when he was mugged near his home in Northeast Philadelphia. He was brought to a local hospital complaining of severe pain in his hip; x-rays were taken and read as normal by the radiologist. A week later the films were read again and clearly showed a fracture. The man underwent surgery, but four months later he developed avascular necrosis, requiring a hip replacement. A Philadelphia jury determined that the one-week delay in diagnosing the fracture was a substantial contributor to the need for the hip replacement, which he otherwise would not have needed.

$850,000 Verdict in Electrocution Death A business hired a "handyman" to change bulbs in their electric sign. Before doing so, he turned off the main power supply. While he was on a ladder changing the bulb, an employee of the business turned the power back on, killing the handyman by electrocution. The defendant business claimed that the handyman never turned the power off at all, blaming him for his own death. Golomb & Honik attorneys produced evidence from the power company’s metering service that demonstrated that the power had been turned off and back on again within the relevant time frame. The trial ended in a plaintiff’s verdict and an award of $850,000 for the estate of the deceased.

$750,000 Settlement for Faulty Hinge Design The general manager of a popular Philadelphia restaurant was closing an awning during a windstorm when the awning was struck by a gust, came loose from its base, and threw him more than 50 feet, causing severe and debilitating injuries. In a lawsuit against the awning installer and the manufacturer of the faulty hinges, Golomb & Honik attorneys were able to demonstrate that a different design of hinge would have prevented the accident. The case settled on the eve of trial for $750,000. The hinge company subsequently changed their design to the specification of Golomb & Honik’s case, thus reducing the likelihood of similar accidents happening again.

$650,000 Jury Verdict Against Orthopedic Surgeon An Atlantic County, New Jersey, jury returned a $650,000 verdict against an orthopedic surgeon for improperly repairing a fractured femur. A 60-year-old man was attacked by another man and thrown down a flight of steps, sustaining a fracture of his femur near the knee; he underwent surgery by the defendant doctor. The surgery failed, requiring the man to undergo a total knee replacement and leaving him with permanent pain and discomfort in his knee. The jury found that the defendant doctor had improperly performed the fixation during the surgery, resulting in the post-operative pain and need for knee replacement surgery.

$500,000 for Man Injured During Car Theft A man parked his car across the street from a Philadelphia market and went food shopping. He returned just in time to see a thief starting to drive his car away. The man approached the vehicle and was hit, receiving serious injuries that left him disabled. Since the vehicle was stolen, he was not covered by liability insurance, so an uninsured motorist claim was made on his behalf. The insurance company denied coverage, citing a policy provision that did not allow for coverage under its own definition of an “uninsured motor vehicle.” A declaratory judgment action was filed to determine coverage, and the Federal Court found in the plaintiff’s favor, allowing him the opportunity to recover $500,000 in uninsured motorist benefits. In accepting the arguments made by Golomb & Honik lawyers, the court stated that the exclusion relied upon by the insurance company was “contrary to a clearly expressed public policy.... [E]nforcement of the exclusion would result in a premium-paying, fully insured driver being denied coverage for his injuries.”

$500,000 for an Estate Victimized by Legal Malpractice Five years after initially suffering post-traumatic seizure disorder, a casino engineer was weaned off one medication and put on another by his treating neurologist. The neurologist did so in too rapid a fashion, in violation of the product requirements, and ultimately caused a grand mal seizure resulting in death. The casino engineer was a resident of New Jersey, while the treating physician was from Pennsylvania. As a result of the Pennsylvania neurologist’s malpractice, the estate hired a New Jersey attorney who filed suit against the neurologist less than a week before the expiration of the statute of limitations in New Jersey. The matter was dismissed almost immediately for lack of jurisdiction, and the legal malpractice case ensued. Golomb & Honik attorneys filed suit in New Jersey for legal malpractice and at trial succeeded in proving the legal malpractice claim as well as the underlying medical malpractice claim. A $500,000 judgment was entered on behalf of the estate.

Confidential Settlement for Improperly Filled Prescription An actively employed 70-year-old woman had for years taken medications to treat her low blood pressure and thyroid condition. In the summer of 2001, she picked up her prescriptions at a local nationally franchised pharmacy and began taking them, as has been her custom for more than 30 years. Within days she noticed tightness in her chest and shortness of breath, and she was hospitalized after testing revealed that she had had a heart attack. She had never had any cardiac symptoms or even been seen by a cardiologist, and it was discovered that the pharmacy had dispensed the wrong medicine. In fact, she had been given the medicine of another woman with a similar name. The combined effect of not having her correct medication and taking the wrong medicines caused a heart attack resulting in permanent heart damage. As a result she became disabled from employment and is now under regular cardiac care. In discovery, Golomb & Honik lawyers established the clear negligence of the pharmacy; liability was admitted, and the case was resolved confidentially through binding alternative dispute resolution.

Confidential Settlement in Stomach Cancer Case A confidential settlement was reached on behalf of the family of a woman who died of stomach cancer. It was alleged in the lawsuit that the woman’s family physician had failed to order appropriate tests to investigate intestinal complaints. Such tests would have revealed the presence of gastric cancer some six to nine months earlier than when the diagnosis was finally made. Although there was strong evidence that the victim’s stomach cancer would have been fatal regardless of whether it had been diagnosed earlier, a very satisfactory monetary settlement was obtained.

Confidential Settlement in Quadriplegia Case A young woman was afflicted from birth with a skeletal abnormality that confined her to a wheelchair by the time she entered high school. Her congenital condition placed her at risk for spinal compression and paralysis, but for a period of weeks she suffered from advancing spinal compression that was tragically ignored by her primary care physician and subsequently in an emergency room. As a result of the failure to diagnose and treat this condition, she suffered incomplete quadriplegia. Despite the presence of her significant pre-existing medical conditions and disability, Golomb & Honik was successful in obtaining a significant recovery for her and her estate (she died of unrelated causes after suit was commenced), thereby demonstrating the value and importance of life even when the individual harmed has already suffered a previous disability.

Confidential Settlement in Overturned Forklift Case Forklifts have a known propensity to tip over and are typically fitted with seat belts and hip restraints to protect drivers from the worst injuries. In recent years many have even been recalled for fitting with such devices. A 17-year-old apprentice bricklayer was driving a forklift when it tragically overturned, crushing his leg and causing massive, lasting injuries. Golomb & Honik attorneys established the safety failures on the part of those who manufactured and maintained the forklift, leading to a confidential seven-figure settlement that included the repayment of a workers’ compensation lien and continuing lifetime medical benefits.

Confidential Settlement in Food Cart Accident The “kitchen utility man” at a national chain restaurant was considered an exemplary employee. Part of his job was to receive and inventory food that was delivered from the defendant vendor on metal food carts manufactured by the defendant manufacturer. The food carts were approximately seven feet high and had three spring-hinged shelves that could be folded for stacking when not in use. On a brisk December day in 2000, this employee received and inventoried a food delivery. In violation of the defendant company’s policy, the deliverer failed to wait for the inventory to be completed so that the food carts could be gathered and taken away. Rather, the kitchen utility man completed receiving the deliveries, then folded and stacked the food carts in the corner of a small, enclosed bay area. Later that day, as he walked through the bay area to dump garbage, a gust of wind rattled the stacked food carts; one opened up at the hinges and, in a domino-like effect, caused a number of food carts to fall on top of the employee. He fell to the ground and struck his head directly on the pavement. He went into shock and had epileptic-type seizures, injured his back and shoulder, and became totally disabled. He had little recollection of what occurred due to his head injury, and there were no witnesses. After extensive research, Golomb and Honik lawyers discovered a paper trail detailing a history of the defendant vendor’s leaving carts behind even after being notified of the problem. The case was settled for a confidential amount.

Confidential Settlement in Catastrophic Injury Accident While attempting to negotiate a curve to the left, a New Jersey driver lost control of his vehicle, exited the roadway, and struck a tree. He suffered extensive orthopedic and neurological injuries that required a two-month hospital stay. A pre-litigation investigation conducted by G&H attorneys discovered that there had been at least 13 similar incidents in a three-year period preceding the accident—all occurring within 200 yards of the accident location. Engineers hired by G&H determined that there was a design defect in the highway that created a "pooling" effect during inclement weather, making the roadway exceedingly slippery. Additionally, it was determined during discovery that the guardrail at the curve in question had been taken down in a previous accident; the replacement was six feet shorter than the previous guardrail. The case settled confidentially just prior to jury selection.

Confidential Settlement for Hospital Neglect An otherwise healthy man in his mid-seventies was admitted into the hospital for brain surgery. After successful surgery, he was prepped for transfer from the intensive care unit to a regular medical-surgical room. During that process, he was left alone, fell from bed, and suffered a subdural hematoma that, after a lengthy hospital stay, ultimately caused his death. Suit was instituted and discovery ensued. Nobody from the hospital was present at the time of the fall, nor were the family members who had just been evicted to allow the transfer. The hospital challenged liability, insisting that the bedrails were left up and claiming they did nothing wrong. One of plaintiff’s experts stated that it was a physical impossibility for the man to lift himself over the bed-rails, given the surgery he had undergone just 24 hours earlier. Another expert opined that, in any event, he should never have been left alone. Depositions revealed that he had been left alone while the nurse retrieved a chart after his transfer to a gurney. The case was resolved for a confidential settlement during trial.

Confidential Settlement for Electrician Who Fell An experienced union electrician was performing electrical work in a ceiling more than 30 feet above the ground floor of a church. He was instructed to repair fixtures in the ceiling attic but was not warned that the attic area could not safely support his weight. In the absence of any warnings or instructions, he walked on the attic ceiling and fell through, more than 30 feet, to the floor. Golomb & Honik demonstrated an unsafe and dangerous work environment, including numerous OSHA and other workplace violations that would have necessitated the use of, among other things, safety mechanisms to prevent a fall of this severity. The man suffered extensive fractures from his pelvis to his feet and required extensive hospitalization and surgery. The case was successfully tried to verdict, and a subsequent confidential settlement was reached that included ongoing, lifetime medical care.

Confidential Settlement for Driver Injured by a Dangerous Load A long- distance truck driver regularly made stops between New Jersey to Florida. While delivering supplies in South Carolina, he began to open the trailer doors. The doors flew open, and hundreds of pounds of frozen foods landed on him, causing serious bodily injuries, including two comminuted fractures; the injuries required multiple surgeries and a lengthy hospital say in South Carolina. Suit was instituted against the trucking company that contracted the driver for this trip; it turned out that the produce had been loaded improperly, causing it to shift. When he opened the door, the load came down on him. Liability was vigorously disputed. The defendant employees blamed the driver, testifying that he was late due to mechanical problems earlier that day and "rushed" to get out of the depot. This defense theory was rebutted by records subpoenaed from the defendant trucking company, the local cellular phone service company, and a nearby convenience store where he had also made deliveries. After two days of trial, the case settled for a confidential amount in the high six figures. The settlement also included a separate amount and an actual account set up for the sole purpose of paying for future medical expenses.

Confidential Settlement for Injured Surgeon A surgeon who was insured against disability suffered multiple herniated discs resulting in multiple surgeries; he became totally and residually disabled in 2001. Although his condition was a serious one, he returned to work in a matter of months but was unable to perform some strenuous surgeries as before his injury. Once the waiting period on his policy expired, the surgeon made a claim on his own for residual disability benefits; the insurance company denied his claim. Golomb & Honik instituted suit on his behalf and included counts for breach of contract, bad faith, and violations of the Pennsylvania Unfair Trade Practices Act as well as other consumer laws. Golomb & Honik lawyers were able to establish bad faith on the part of the insurance company, including the way in which this individual case was handled. They also demonstrated a company-wide pattern and practice in misinterpreting their own policy language for the sole purpose of denying claims. The case settled shortly before trial for nearly ten times the compensatory claim for residual disability benefits.

Confidential Settlement in University Defamation Case A college used a former student’s photograph distastefully and without permission in marketing materials. As part of the settlement of a lawsuit, the college agreed to stop using the photograph and to destroy remaining copies. Yet a college official later gave the image to students, who used it in a racially offensive poster campaign. On behalf of the former student, Golomb & Honik attorneys won public apologies and a private settlement.