Verdicts and Settlements
Kevin R. Marciano
$1 Million Settlement in Dram-Shop Case. Kevin R. Marciano has negotiated a $1 million settlement for his client in a dram-shop cause of action.
Marciano represented Dennis Fisher of Delaware County, who suffered permanent brain damage from a single car accident. Fisher and the car's driver, Stephen Nelson, were visibly intoxicated and purchased and carried out more alcohol from Chester County bar Duffers Pub and Cookies on Dec. 17, 1999.
The two were involved in a car accident from which Fisher had to be pulled using the "jaws of life" and that left him in a coma for 78 days. Nelson, according to police reports, had a .291 blood-alcohol level and was charged as driving under the influence.
Nelson, a named defendant in Fisher's suit, reportedly skipped town after being released from the police station. He was uninsured so Fisher's only avenue of recovery was from the bar.
The settlement, said Marciano, reflects the limit of the bar's insurance policy issued by Lexington Insurance Co. of Boston. Marciano threatened to file suit against the bar if the insurance company offered a settlement less than the $1 million policy limit.
Using police reports and statements from Nelson, Marciano proved that the two men were visibly drunk upon leaving the bar, the standard under Pennsylvania's Dram-Shop Act.
The act is usually used by a third party who is injured as a result of the intoxication of the buyer where the sale has caused or contributed to such intoxication.
John Lansberry v. Cliveden Convalescent Center. Kevin Marciano earned a $1.5 million dollar settlement for a client in a slip and fall case. Our client slipped and fell on ice and snow on the Defendant's premises when he exited his 18-wheeler while making delivery. The property owner failed to properly remove the ice and snow for a period of five days after the last snow fall. He sustained a severe concussion and permanent cognitive loss and memory deficits. He will never work again.
Alton Sutton v. Fenton et al. Kevin Marciano earned a $1.25 million dollar settlement for a client in a motorcycle accident. The client was traveling to work on his motorcycle when the Defendant turned left in front of him. He was in a coma for approximately one month, sustaining traumatic brain injury and multiple fractures. He has no use of his left arm and walks with a limp.
Maria Fotiou v. Ross R. Zimmer, M.D. and Rohinton J. Morris, M.D., et al. $1.35 Million Dollar Verdict in Misdiagnosis Case. Kevin Marciano earned a $1.35 million dollar verdict for a 57 year old woman who suffered a permanent right leg injury and scars after her doctor advised her to discontinue her anti-coagulation therapy prior to surgery, and then postponed the surgery a day. The plaintiff developed a blood clot in her leg and had to undergo two embolectomy as well as bilateral fasciotomies to remove the clots.
Estate of Douglas Moreland v. Waste Management et al. Kevin Marciano received a $1.2 million dollar settlement for a client in a motor vehicle accident in which the Plaintiff, a passenger was killed when the vehicle he was riding in was struck by another vehicle running a red light. He is survived by his wife and infant daughter.
Dennis Fisher v. Duffer's Pub et al. Kevin Marciano earned a $1 million dollar settlement for a client involved in a single motor vehicle accident in which the plaintiff sustained permanent brain damage. The driver of the vehicle was visibly intoxicated and had a blood alcohol level of almost twice the legal limit. As a result, he will never work again, is required to use a walker to ambulate and has significant speech impairment.
Settlement Reached in Medical Malpractice/Wrongful Death Case. Kevin Marciano settled a medical malpractice case on behalf of a 26-year-old woman who died. The plaintiff was brought to the emergency room complaining of flu-like symptoms. She was examined and blood was drawn. Prior to receiving back the results of the blood tests she was discharged and never notified of the blood test results. In the days following the emergency room visit, the hospital did not call the plaintiff and no treatment was rendered, and thus the plaintiff fell into a coma due to a low platelet count. She died a few weeks later, leaving behind a husband and three young children under the age of ten. A confidential settlement was reached with the hospital and the emergency room after discovery had been completed and a trial date was set. The firm continues its efforts in protecting consumers injured as a result of medical negligence.