Verdicts and Settlements

At Metzger & Kleiner, we are proud of our accomplishments in obtaining outstanding results for our injured clients. We work tirelessly to insure our clients are completely and adequately compensated for their injuries and that justice is served.

For over four decades, our experienced litigators have successfully resolved thousands of claims with stunning results. The cases set forth below are a sampling of results achieved for our clients. This partial list does not constitute a promise of any kind; please remember these cases and the results achieved were based on many factors, and results differ from case to case, depending on the circumstances particular to each situation:

Motor Vehicles

• $3,100,000.00 settlement for the estate of a minor child killed in a motor vehicle accident.
• $1,700,000.00 settlement for the estate of an elderly woman who was struck by a truck while crossing the street.
• $600,000.00 settlement for a passenger in an automobile who suffered tooth loss, eye injury and vertigo as a result of a collision.
• $1,000,000.00 settlement for neck and back injuries suffered by two occupants of a vehicle that was struck by a Canadian driver in Plymouth Meeting, Pennsylvania.
• $297,000.00 settlement for a neck and back injuries suffered by a passenger in a tractor trailer that collided with another tractor trailer in Schuylkill Township, Pennsylvania.
• Statutory Limits of $250,000.00 for back injuries suffered by a driver who was a pedestrian struck by a PennDOT vehicle in Bucks County.
• $225,000.00 settlement for a neck injury suffered by a police officer when he was rear-ended by another vehicle in Fountain Hill, Pennsylvania.
• $92,500.00 settlement, pre-suit, for a facial scar suffered by a pedestrian who was struck by a vehicle in Delaware County.
• Policy limits for the wrongful death of a young mother struck by a drunk driver.
• An elderly woman was struck by a SEPTA bus while crossing the street. Statutory limits were paid by SEPTA.

Construction/Workplace

• A worker fell through a false floor at a construction site and suffered significant and disabling injuries. A settlement was reached which compensated the injured worker for his medical expenses, lost wages, pain and suffering, disfigurement and loss of life’s pleasures.
• $775,000.00 settlement, plus waiver of substantial worker’s compensation lien, for individual injured in a construction accident when improperly attached scaffolding fell and broke his leg.

Premises/Recreation

• Plaintiff KM was awarded the amount of $54,615.50 against Dover Downs, Inc. Our client filed a lawsuit indicating that while at Dover Downs Hotel Casino he used a Styrofoam cup manufactured by Solo Cup Operating Corporation. On the day of the incident, KM attempted to use the cup for hot coffee and while seated on his hotel bed, the bottom of the cup opened up, allowing the hot coffee to pour from the cup, causing him burns to his private parts. KM subsequently received treatment at the Chester Crozer Burn Center and made an excellent recovery. However, he still had blood blisters in that area. Both defendants, Dover Downs, Inc. and Solo Cup Operating Corporation, denied liability. This matter was tried. It was found that Solo Cup Corporation was not responsible because Delaware Law does not allow for strict liability claims in this situation; however, Dover Downs Racetrack, the owner of the hotel, was found negligent and an award of $60,684.00 was awarded to KM, reduced by 10% comparative negligence.
  Plaintiff’s attorneys, Metzger and Kleiner, were successful in obtaining this award for the client, who was offered at one point the sum of $20,000.0 by both defendants combined.
• Significant settlement for bed bug bites against a Philadelphia airport hotel. A husband and wife called emergency personnel and police after being bitten by bed bugs while sleeping in the their bed at the hotel. Subsequent medical attention was required. The couple received medical care for approximately one month after the incident and were extremely upset by the incident. The husband was left with residual bite marks as a result of the attack. The terms of the settlement are confidential.
• Two additional large settlements with hotels located in Allentown and Center City Philadelphia for client’s bed bites sustained while guests at these hotels.
• $440,000.00 settlement for a head injury suffered by a trucker who slipped and fell on ice at a loading dock in Berks County.
• $400,000.00 verdict for injured hand. A patron of a nightclub tripped on the edge of a dance floor known to the owners to have raised edges. The area was poorly lit (nightclub-type lighting, including pulsating lights and fog machine). The client injured his hand in the fall and suffered a deformity of a finger on his right hand (the client is right hand dominant). The client was able to return to his employment shortly after the accident, but still had extreme difficulty when writing. The case went to trial, and the jury awarded our client $400,000.00.
• $1,000,000.00 paid by swimming pool installer and homeowner for injuries suffered in above-ground pool accident involving a guest.
• School electrician injured his knee when he fell on a snow-covered sidewalk owned by a municipality. The case reached the Pennsylvania Supreme Court, and our attorneys established the current law pertaining to the obligations of a municipal landowner toward pedestrians. Verdict for $575,00.00, total recovery in excess of $800,000.00.
• $640,000.00 settlement for a husband and wife for a fall on ice and snow in food store parking lot.
• $300,000.00 settlement for a fall on ice where the owners of an apartment building and their staff failed to properly salt the walkway.
• $250,000.00 settlement for two students who injured their knees while playing on a defective recreational surface.
• Significant, confidential settlement for a young child scalded by hot water at a fast-food restaurant.
• $145,000.00 settlement after our client slipped and fell on black ice. Water had been draining off of an apartment building’s canape which pooled on the sidewalk below. As a result, black ice formed and created a hazardous condition for passersby.
• $50,000.00 settlement for neck and back injuries which were caused by a fall on an icy parking lot. Our architectural expert inspected the property and found that the owners of the property failed to allow for drainage which caused water runoff to accumulate and ice over.
• $80,000.00 settlement as a result of a trip and fall on a crack in the sidewalk in front of a drug store.

Inadequate Security

• Significant, confidential settlement for a trucker who was shot and severely injured by an assailant while delivering produce at a local distribution center. The distribution center had failed to provide proper security to insure the trucker’s safety while making deliveries.
• Significant, confidential settlement for a father of four who was shot and killed while eating in a fast-food restaurant. The restaurant had failed to implement proper security measures.
• The driver of a security truck was shot and killed while leaving a bank with the days’ receipts. Our investigation revealed that the bank’s security measures were not in operation and had not been working for quite some time. A significant award was obtained for the family of the slain security driver.

Medical/Legal Malpractice

• $4.1 million settlement against hospital and physicians for failure to properly and timely treat spinal meningitis.
• A woman with cryptococcal meningitis was misdiagnosed as suffering from a pseudo-tumor. Investigation revealed that the hospital had altered its medical records. Our client was awarded $1,300,000.
• $1,200,000.00 settlement, mid-trial, for husband and children of a woman who died when the defendant/doctor mis-diagnosed and mis-read her x-ray for breast cancer. Hospital claimed the x-ray was lost.

Institutional Abuse/Civil Rights Violations

• Federal cases pending regarding numerous children unlawfully imprisoned by judges in Luzerne County.
• $1,300,000.00 settlement for a child raped by a staffer at a youth detention center. Extensive investigation revealed that the detention center had hired employees with criminal records who should not have been safeguarding the welfare of children.
• $480,000.00 settlement for woman living in group home who was raped by an employee of the home. Employee had been convicted and served substantial time for murder. Defendant/owner of the facility was aware of this fact yet hired the employee and left him alone, in charge, nevertheless.
• $500,000.00 settlement for a child who was beaten and abused by staff members at a youth detention center. As a result of the attack on the child, the institution was closed by the state due to ongoing abuse. Investigation disclosed the institution hired unqualified individuals, some with records, some with past abuse problems and put them in positions of authority.

Insurance Bad Faith

• Monetary judgment against a top-rated insurance company as a result of its bad faith dealings with its insureds. The insurance company failed to make a fair and reasonable offer of settlement with regard to its insured’s underinsured motorist claim. We proved that the insurance carrier intentionally did not deal fairly with its own insured.
• A jury found significant damages for our client, a homeowner, whose insurance company denied a claim for policy benefits, claiming that the fire was caused by arson.

Defective Products

• A defective space heater started a fire in a home, killing several family members. A surviving child brought suit against the manufacturer of the space heater. The case settled for $700,00.00 during jury deliberations on the issue of liability, only.

Employment Issues

• A blind woman was terminated by her employer. We brought suit against the employer under the Americans With Disabilities Act. As a result, the woman’s employment was reinstated, and she received monetary damages due to the wrongful termination.
• An African American employee was racially harassed and discriminated against in his place of employment. We were able to obtain workers’ compensation benefits for the man as well as substantial financial recovery for the discriminatory conduct.
• A foreign born radio disc jockey was fired because of his speech patterns. A suit was brought for discrimination based upon National Origin. The jury awarded our client significant benefits and damages for wrongful termination.
• Our client, an employee of a major company, took short term leave for depression. As soon as she was ready to return to work, the company terminated her. Suit was brought for ADA benefits and ERISA benefits. The case settled on the eve of trial for substantial damages.

Defamation/Slander

• Significant monetary settlement for woman whose driver’s license was stolen and subsequently attempted to be used for false identification at a bar. The bar/restaurant confiscated the license then reproduced it on a poster accusing our client of being a terrorist and stating that she was wanted. The poster was placed in public areas where it could be viewed by all in the restaurant. Suit was filed for defamation, outrage, breach of privacy and punitive damages.

Plaintiffs v. Mahamati, Inc., d/b/a Baymont Hotel & Suites
Philadelphia Country Court of Common Pleas: 15-08-04380

• Philadelphia arbitrators returned a verdict in favor of our clients against Mahamati, Inc., d/b/a Baymont Hotel & Suites for damages sustained as a result of bed bugs that were alleged to be contracted at Baymont Hotel & Suites located at 1721 River Valley Circle, Lancaster, Ohio. The arbitrators, after deliberation, found in favor of both plaintiffs. The award was not appealed by the defendant. Once more, we have been successful in obtaining fair and just compensation for clients who started that a hotel did not properly exterminate and inspect its property for bed bug infestation, causing plaintiffs to be viciously bitten and their property ruined.