WLB News Archives

Michael Block and Bern Kueny obtained a defense verdict in mid-June 2005 in the Philadelphia. C.C.P. matter of a 43 year-old who died from malignant peritoneal Mesothelioma, allegedly from exposure to asbestos in the late 1970s, from construction work, automotive repairs and later from his own construction company. Plaintiff's pathologist opined the Mesothelioma was caused by asbestos exposure but the expert performed no fiber burden analysis. The defense pathologist performed the test and found no detectible levels of fibers and the exposure to asbestos was at the lowest end of background, or ambient air exposure, which has never been shown to have an increased risk of Mesothelioma and thus, the disease was not caused by asbestos, but was idiopathic. The jury found in favor of our client that plaintiff's disease was not caused by asbestos.

Wilbraham, Lawler & Buba is pleased to announce that Antranig Garibian, who has both been a law clerk with the firm during his legal studies, has been admitted to the practice of law in Pennsylvania and is continuing his legal career as a lawyer with the firm.

Bernard E. Kueny recently defended CertainTeed in a wrongful death and survival action in Philadelphia. In Fisher vs. CertainTeed, et al, it was alleged that the plaintiff's decedent, Jack Fisher, died of Mesothelioma at the age of 77. The case was tried in a reverse bifurcated manner, and the first phase, involving damages, lasted a week and a half. The jury, in a unanimous verdict, awarded $65,000 to the estate, and $15,000 for loss of consortium. Based on that verdict, the client was able to settle the matter before the start of the second phase for an undisclosed sum. Although the defense did not present any witnesses in the first Phase, we were able to show that the pain and suffering was of a limited duration, and that the plaintiff suffered from several preexisting, non-related conditions. Dr. Yasunosuke Suzuki testified on behalf of plaintiff.

Bern Kueny and Jennifer Watson represented The Gage Company at the trial of Habovick v. The Gage Company, in Allegheny County, Pennsylvania. The trial began with eleven remaining defendants on September 20, 2004. At the conclusion of nine days of trial, there were only two non-settling defendants, including Gage. Plaintiff's counsel claimed Plaintiff died of severe, end-stage asbestosis. The jury, however, concluded that he died of idiopathic pulmonary fibrosis (I.P.F.). Mr. Kueny and Ms. Watson were successful in persuading the jury that Plaintiff suffered from I.P.F. and not asbestosis based upon the lack of pleural thickening, the rapid disease progression and the small asbestos fiber burden found in the lungs. Mr. Habovick had worked as a grinder at Universal Cyclops.

Kevin Maginnis and Mary Cook representing a client in a Commercial Litigation matter involving the steel industry, recently obtained a $475,000.00 settlement on behalf of their client/plaintiff in this breach of contract case.

In July 2004, Jennifer Watson representing I.U. North America, Inc. (I.U.N.A.) successfully argued against the consolidation of over 1,000 cases in Lawrence County, Pennsylvania. In each of the cases, individual Plaintiffs sued numerous defendants alleging that they had contracted an asbestos-related disease as a result of exposure to products manufactured, supplied or distributed by the various defendants including I.U.N.A. Plaintiffs filed a motion to consolidate the cases for a mass trial on the issue of liability, leaving the issues of damages and causation for later, separate trials. Ms. Watson argued that such a consolidation was a fruitless exercise and more importantly a violation of I.U.N.A.'s constitutional right to Due Process. After filing voluminous briefs and oral argument in front of the Honorable Dominick Motto, the Court ruled in favor of I.U.NA. and denied Plaintiffs' Motion to Consolidate.

Michael J. Block and Jennifer Watson represented The Gage Company at the trial of the matter of Kolson v. The Gage Company, in Cambria County, Pennsylvania. When the trial started on June 1, 2004, several defendants opened to the jury; prior to the verdict, all but Gage had settled. Mr. Kolson had filed an asbestos action in 1987, which was settled without trial in 1994. In his 1987 action, Mr. Kolson sued only manufacturers and suppliers of asbestos-containing products sold to Bethlehem Steel; this included Pittsburgh Gage and Supply, the company from which The Gage Company purchased its assets in 1979. In his 2002 mesothelioma case, Mr. Kolson sued brake defendants for his home repair work on his vehicles, as well as boiler manufacturers associated with his alleged workplace exposure in 1962. He also sued suppliers of products to Bethlehem Steel, which included The Gage Company. On June 16, after a little less than two hours of deliberations, a jury of 12 determined that The Gage Company was not strictly liable or negligent to the Kolsons for the decedent's mesothelioma and death.

Wilbraham, Lawler & Buba is proud to announce that it is now a member of the Greater Philadelphia Chamber of Commerce.

William Hague was recently appointed to the Advisory Board of Directors for Independent Monitoring for Quality (IM4Q) program in Allegheny and Green Counties. The Board oversees an agency which reviews the quality of placements for individuals with Mental Handicaps.

Tim Coffey persuaded a workmen's compensation judge on petition for benefits that claimant failed to give timely notice of injury, and failed to prove compensable injury. The case carried a large exposure as claimant was a professional with a high average weekly wage. Additionally, claimant sought these benefits, while simultaneously receiving short and long term disability paid for by the employer on a different preexisting disability. The defense presented numerous fact witnesses and established inconsistencies in the work injury claim filed after short term began to transition to long term disability for the other medical problem. These inconsistencies went to the heart of the notice issue as it was impossible for the employer to investigate a claim filed long after the fact.

On June 12, 2004, Wilbraham, Lawler and Buba organized its annual client appreciation picnic at Dorney Park and Wild Walter Kingdom in Allentown, PA. The function was attended by over 250 clients, employees and their families. A good time was had by all.

Barbara J. Buba was admitted to the bar of the United States Tax Court in March 2004, and to the practice of law in Texas in May 2004.

Edward J. Wilbraham was admitted to the bar of the Supreme Court of Texas in March 2004. Over the years, Mr. Wilbraham has tried cases in Texas for our clients. This was made possible by temporary case-by case admissions known as "admissions pro hac vice." With this recent admission, our need to hire local counsel to facilitate servicing our clients in Texas trials is obviated. We look forward to continuing to serve our clients in the several jurisdictions were our lawyers practice, including matters which may require trial appearances in the Lone Star State. Mr. Wilbraham is also admitted to practice in Pennsylvania, New Jersey, New York and West Virginia. Most of our lawyers are admitted in multiple jurisdictions to better serve the needs of our clients.

In Workers' Compensation litigation brought where a worker died from mesothelioma, a dispute arose when the Workers' Compensation carrier demanded reimbursement for payment of medical bills and indemnity on the claim. Under PA law, there is a lien on all money obtained through third party claims. Decedent's wife agreed to the statutory lien and the Workers' Compensation judge approved. The wife stopped payment on her check and refused to replace the check. In a second petition, the judge ordered payment a second time. On appeal, the wife argued that once judge gave his original approval, he relinquished authority over this case. During the pendency of the appeal, we reduced the first order to a judgment and executed against all accounts held by the widow. Eventually, the judgment was paid with costs and counsel fees. On March 18, 2004, the Appeal Board dismissed the plaintiff's appeal of the second decision of the judge, enforcing the order to pay the lien. The matter was briefed by Floyd W. Cotlar.

Jennifer E. Watson was elected a Shareholder on March 1, 2004. Ms. Watson is the Managing Partner of the firm's Pittsburgh, Pennsylvania office. Our Pittsburgh office, dedicated to serving the needs of our clients in Western Pennsylvania, opened in 2000 and has grown to eight attorneys. Ms. Watson began with the firm in 2000 and assumed the managing attorney's role in 2002. Under Ms. Watson's auspices, our Western Pennsylvania practice and office has grown exponentially in the past four years, not only in terms of the number of lawyers, but also in physical size and location.

Floyd W. Cotlar recently was successful in keeping a deported illegal alien from the Czech Republic from testifying in his Workers Compensation claim. Without that testimony, it would be difficult for the claimant to prevail on the claim. Floyd W. Cotlar wrote the brief. The Workers' Compensation Judge found that the claim petition presented a sad situation demonstrating the conflict between rational immigration law, economic decisions and business practices, and statutes and regulations intended to accomplish the legitimate goals of the people through their elected representatives.

The firm has has expanded it workers' compensation practice with the addition of Timothy F. Coffey as senior associate in the Philadelphia office. Mr. Coffey has an extensive background and understanding of workers' compensation matters and will be an asset to the firm and its clients. Mr. Coffey concentrates his practice in all areas of workers' compensation including litigation, subrogation and compliance matters.

In late October, Robert Lawler was successful in obtaining a new trial after oral argument before the Superior Court in a premises liability case where a run-away Philadelphia jury awarded one million dollars to a young woman who fell and injured her knee but did not sustain any permanent damage. In granting a new trial, the Superior Court found that based on the evidence, the verdict "shocked the conscience of the Court."

Jennifer Watson successfully obtained a defense verdict for a self-insured company on October 31, 2003, following a jury trial. This case was before Judge Robert Horgos in the Court of Common Pleas of Allegheny County. Despite fault being conceded for the auto accident at trial, the jury determined that the subsequent knee surgery was neither a new injury nor an aggravation of a pre-existing injury.

Mike Block successfully argued a Motion for Summary Judgment before Court of Common Pleas Judge Clark in Harrisburg. In the case, Plaintiff was a forty-two year old asbestos claimant suffering from peritoneal mesothelioma, a very rare cancer. The issue was whether plaintiff provided evidence of exposure to products manufactured by our client. The evidence showed that claimant worked in a service station as a High School junior and senior and was responsible to clean the garage after mechanics changed friction products. Despite testimony from several witnesses that old friction products were very dusty, the evidence was that new friction products did not emit any dust. Plaintiff further argued that our client supplied some of the old friction parts to some of the auto manufacturers which parts may have contained asbestos. Mike successfully argued that our client was one of many such suppliers and that plaintiff had no evidence that any of our client's parts were either asbestos containing or ever in the vicinity of the Plaintiff. The Court, after reviewing all supporting papers and hearing argument granted our motion for summary judgment on October 14, 2003.

Ed Wilbraham co-authored an article entitled What One Hand Giveth, The Other Hand Taketh Away: Privacy Law After the Patriot Act and HIPAA, which was published in the September 2003 issue of SIU Awareness Magazine. Download this and other WLB publications»

Mike Block was successful in obtaining a defense verdict for Dana Corporation on August 20, 2003, after a two week jury trial. The matter of Ronald Riccobene vs. Dana Corporation was a lung cancer death case. The jury found that asbestos was not a substantial contributing factor.

In early June 2003, Wilbraham, Lawler & Buba hosted another successful Annual Client and Family Picnic at Dorney Park and Wildwater Kingdom. More than 250 clients accepted our invitation to this event, now in our tenth year. Although the weather was not as cooperative as in past years, a great time was enjoyed by all who attended. We look forward to another successful event next year.

Wilbraham, Lawler & Buba was selected to take over representation of Nosroc Corporation in the State of Delaware for asbestos litigation.

Wilbraham, Lawler & Buba was selected to take over representation of Maremont Corporation in Northern New Jersey and Middlesex Counties for asbestos litigation.

After four full weeks of trial, Ed Wilbraham and Mike Block were successful in obtaining a Directed Verdict for Amchem Corporation in 8,000 claims in the September-October 2002 West Virginia Mass Consolidated Asbestos trials.

Jennifer Watson was successful in obtaining a defense verdict for Harleysville insured in a slip and fall case in Pittsburgh (Allegheny County) in July 2002.

Return to The Latest News»