Argument for a New Trial

Posted By Haggerty, Goldberg, Schleifer & Kupersmith, P.C.

Jim Haggerty of HGSK recently presented an argument to the Superior Court seeking to obtain a new trial for an individual who was wrongfully deprived of recovery at trial. In that case, the plaintiff sued the defendant for serious injuries arising from an automobile accident. The defendant’s vehicle had crossed the center line, causing the collision. The attorney for the defendant, hired by the insurance company, advised counsel for the plaintiff that he would be stipulating to liability at the time of trial. At the commencement of trial, she wrongfully withdrew the stipulation.

The Court permitted the case to proceed forward. The jury, somewhat incredibly, found that the defendant who had crossed the center line was not responsible for the accident. Jim Haggerty of HGSK was retained on appeal to present the matter to the Superior Court to secure a new trial which the plaintiff rightly deserves.

HGSK is often asked to participate in matters on appeal where injured persons have been wrong by the actions of insurance companies and their attorneys. That matter remains pending before the Superior Court of Pennsylvania. Teresa O’Brien v. Dela Pena, et al., 3162 EDA 2013.