Food and beverage producers, hotels, restaurants and grocers are among Weber Gallagher’s clients in this industry. We appear before state and federal courts and in administrative proceedings on their behalf. They engage us for workers’ compensation and employment matters, including Medicare set-asides and discrimination claims. Our attorneys also represent them in dram shop actions and other general liability matters, including bodily injury and property damage. Other areas in which we provide counsel include:
- Licensing
- Business/Organization creation
- Commercial transactions
- Environmental issues and toxic torts
- Product liability
- Food poisoning matters
- Risk management
ExperienceDefended a premises liability case after a five-day jury trial where the plaintiff alleged that she slipped and fell in unidentified liquid on a tile floor. The cause of the fall was initially identified as the plaintiff tripping on the carpeted area for an unknown reason as there were no defects in the area. The plaintiff sustained a closed head injury and a displaced, comminuted distal humerus fracture for which she underwent open reduction with internal fixation. The medical records confirmed that the plaintiff reported tripping on the carpet. Despite the witness accounts that the plaintiff tripped over her own feet, she continued to prosecute the case claiming she fell on liquid. After the trial, where the defense focused on the inconsistent stories of what caused the plaintiff to fall, the jury found that there was no water on the floor where the plaintiff alleged she fell, and that the client was not negligent in causing the plaintiff’s fall (6-0). The plaintiff’s initial settlement demand was $500,000.
Successfully defended a premises liability case through appeal and assisted during trial on a case where the plaintiff alleged that she slipped and fell in unidentified liquid on a tile floor. The cause of the fall was initially identified as the plaintiff tripping on the carpeted area for an unknown reason as there were no defects in the area. The plaintiff sustained a closed head injury and a displaced, comminuted distal humerus fracture for which she underwent open reduction with internal fixation. The medical records confirmed that the plaintiff reported tripping on the carpet. Despite the witness accounts that the plaintiff tripped over her own feet, she continued to prosecute the case claiming she fell on liquid. Although motion practice was successful, the plaintiff was able to secure a favorable decision on appeal and the case proceeded to trial. At trial, the defense led by trial attorney Kenneth Sharperson, Esq., focused on the inconsistent stories of what caused the plaintiff to fall. The jury found that there was no water on the floor where the plaintiff alleged she fell and that the client was not negligent in causing the plaintiff’s fall (6-0). The plaintiff’s initial settlement demand was $500,000.
Successfully defended premises clients, such as casinos, stadiums, bars, shopping centers, restaurants, hotels and lodging establishments and other members of the hospitality industry in countless cases involving alleged personal injuries
Speaking Engagements- 02.18.21Presenter, "The COVID-19 Vaccine: Implications for Employers and Workers’ Compensation Claims"
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