The Philadelphia, Pennsylvania Litigation Attorneys of Brooks, Bradley & Kenney Firm Profile

At the Philadelphia, Pennsylvania law firm of Brooks, Bradley & Kenney, there is never any confusion about the attorney/client relationship; the client and the client's interests are the number one priority. This is true whether the client is a large insurance carrier seeking coverage opinions, a self insured business requiring litigation services, an injured victim of a defective product prosecuting a lawsuit, a real estate developer besieged by regulatory agencies or someone seeking business, real estate or probate advice and assistance. This is a litigation firm, first and foremost, and that is one of the secrets of its continuing success.

At Brooks, Bradley & Kenney, each case is prepared on the assumption that settlement will not be possible and that the outcome will be decided in the trial arena of courtroom. Ironically, this passion for litigation readiness often leads to early, favorable settlements. A litigant, lawyer, business or insurance company facing Brooks, Bradley & Kenney knows that before the trial begins, the Firm will have thoroughly investigated every factual issue, documents and other physical evidence will have been evaluated and made ready for use at trial, each and every legal issue will have been meticulously researched, and the Firm's Philadelphia litigation attorneys will be intimately familiar with every issue that may arise during trial. This level of pretrial preparation contributes to knowledgeable and effective settlement negotiations and maximizes the prospect of success at trial should negotiations break down.

Brooks, Bradley & Kenney handles some types of litigation on a “contingent” fee basis, while others are billed on an hourly basis, or services are rendered for a fixed fee. The Philadelphia litigation lawyer of Brooks, Bradley & Kenney who meets with you is fully aware that dealing with a law firm is a novel event for many people and your fee questions will be most welcome. As with any other business or professional transaction, you have a right to know what you are paying for and how much it is going to cost. You will find the fee schedule at Brooks, Bradley & Kenney to be competitive and fair. There will be no “hidden” costs and there will be no surprises.

Verdicts and Settlements

The Philadelphia, Pennsylvania litigation attorneys of Brooks, Bradley & Kenney believe that dedication, commitment to excellence and thorough research form the basis of every successful verdict or settlement they achieve. The following is a mere roster of the exceptional settlements the Pennsylvania trial lawyers of Brooks, Bradley & Kenney have obtained for their clients:

Birth Center v. St. Paul Companies, Inc.

This was a Bad Faith case arising out of an underlying medical malpractice claim.

The Firm represented the Birth Center privately in connection with a medical malpractice claim regarding a problematic birth. The client was insured by St. Paul Insurance. Despite repeated warnings to the carrier of a very large verdict potential, St. Paul chose not to tender the insurance policy limits in settlement, but to try the case, thus exposing the client to the risk of an excess verdict. The warnings proved well founded when the jury returned a large excess award. Brooks, Bradley & Kenney sued the insurance carrier in Bad Faith. The case involved a length trial followed by the appeals process before the Firm recovered a significant (and confidential) award for the Birth Center. The Bad Faith case involved a number of important legal issues then undeveloped in Pennsylvania law.

Randolph v. Tabron

This case involved the defense of homeowners sued in personal injury after a swimming pool accident at their home left the plaintiff partially quadriplegic. After plaintiff's $2,000,000.00 settlement demand, Brooks, Bradley & Kenney were successful, in part, in motions for summary judgment before the Delaware County Court. As a result of the motion rulings, the Firm was able to have the case transferred from the court in the Alternative Dispute Resolution. After trial before a retired Delaware County Judge, the verdict was in favor of the Firm's clients.

Wielezca v. Gibbs

In this case Brooks, Bradley & Kenney defended a motorist sued in Delaware County Court after a traffic accident in which a third party pedestrian claimed to have sustained neck and lumbar spine injuries requiring multiple epidural injections. Plaintiff's treating orthopedic surgeon opened at trial that plaintiff required surgery due to her injuries and that she had a very difficult time performing her duties as an architect. Nevertheless, the jury held that plaintiff had failed to prove a serious injury and that she was therefore not entitled to non-economic damage due to her selection of the limited tort option.

Armstrong v. Mylonas

In this case the passenger in an employer's vehicle claimed injuries when the vehicle was involved in an accident. Because plaintiff received worker's compensation benefits from the employer, any action against the employer's driver was barred by law. Brooks, Bradley & Kenney successfully defended the remaining defendant in the case.

In another case, Brooks, Bradley & Kenney represented Allstate Insurance Company, defending an Underinsured Motorist claim in which the seriously injured plaintiff, having already recovered most of the $100,000.00 underlying policy, sought additional recovery under his UIM coverage. At the UIM arbitration, plaintiff presented evidence of placement on Social Security Disability secondary to his injuries. He presented medical, vocational and economic testimony to support alleged loss of earning capacity of approximately $300,000.00. The arbitration panel returned a verdict of less than the applicable set-off for the underlying third party's policy, resulting in a net award of $0 for the plaintiff.

Murray v. McCann - Development of limited Tort Law

This was a seminal early case in the development of limited tort law in Pennsylvania. The case was tried before The Honorable Judge Joseph Cronin in Delaware County, Pennsylvania. Plaintiff was diagnosed with a protruding disc in her lumbar spine after treatment by several orthopedic surgeons. She claimed economic damages for her medical bills in excess of available coverage and non-economic damages despite her selection of limited tort. The trial court awarded only the nominal economic bills and held that Plaintiff failed to prove her case beyond the limited tort threshold. The case was appealed to the Superior Court and the trial court's decision was affirmed.

Representative Confidential UM/UIM Matters

In yet another UIM traffic injury case, one of the drivers suffered severe and permanent brain damage and demanded a seven figure settlement. There were cross allegations of negligence and the case was tried before the Delaware County Arbitration panel resulting in defense verdict for Allstate Insurance Company, the Firm's client.

In another Allstate UIM claim defended by Brooks, Bradley & Kenney, a 65-year-old man was killed when rear-ended by a truck traveling 75 mph. After the truck driver's carrier paid $300,000.00 (the policy limits), additional recovery was sought under the decedent's UIM coverage with Allstate. Plaintiff's UIM settlement demand was $400,000.00, over and above the $300,000.00 already paid by the truck driver's carrier. When Allstate's $75,000.00 offer was rejected, there was a UIM arbitration hearing. The panel fixed damages at $315,000.00. After offset, the net UIM recovery was $15,000.00

If you or a loved one has suffered a personal injury due to the negligence of another, need business or real estate litigation advice, require the services of an experienced estate planning attorney, or have questions and want legal counsel on any of the information provided within, please contact the Philadelphia, Pennsylvania litigation attorneys of Brooks, Bradley & Kenney today, at (610) 565-4800, or use the contact form provided on this site to schedule your free consultation with an experienced and trusted Philadelphia civil litigation lawyer.

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