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Career Biography

Michael S. Misher has been practicing law for twenty years with his primary focus in matters of personal injury and worker’s compensation.

Michael is a graduate of Ohio Northern University College of Law. He secured his Bachelors of Arts degree from Ursinus College, Collegeville, PA, majoring in Economics and minoring in Political Science. Michael was admitted to the Pennsylvania Bar in 1996 and has also been admitted to the Courts of the Commonwealth of Pennsylvania, The Pennsylvania Supreme Court and U.S. District Court for the Eastern District of Pennsylvania. He has also prepared briefs for and has argued in the Pennsylvania Appeals Court, and the Third Circuit.

Michael was selected for inclusion among Pennsylvania's "Rising Stars" in 2006 and 2008 by Philadelphia Magazine.

Representative Matters

PREMISES  LIABILITY

Coppola v. Starwood Hotels & Resorts, et. al., CCP, Philadelphia County, November Term, 2009, No. 5409
Represented a union painter who sustained a severe rotator cuff injury as a result of water accumulation in front of an ice machine at the Sheraton Suites Hotel.  The injury was in the course and scope of his employment while the hotel was being renovated.  Suit was brought against the property owner and general contractor.  Prior to the start of trial, a significant settlement offer was received from the general contractor and accepted.
 
Pownall v. Ludwig;  Date of accident was November 20, 2008. 
Represented the 13-year old victim of a violent pit bull dog attack leaving a significant scar above the victim’s eye despite plastic surgery. An investigation revealed the dog had recently attacked and bitten another individual in the neighborhood.  The combination of medical and investigative evidence of a prior bite caused the homeowner’s policy to settle the case without filing a lawsuit.  A minor’s compromise was filed and approved by the Orphan’s Court in Philadelphia.
 
Finney, et. al. v. AMF Bowling Centers, Inc. et. al., CCP, Philadelphia County, December Term, 2005, No. 805 and Finney et. al. v. Masso Detective Agency, Inc., et . al., CCP, Philadelphia County, April Term, 2006, No. 781
Represented three plaintiffs who were shot by one of the plaintiff’s ex-boyfriends inside an AMF bowling facility.  All plaintiffs sustained significant physical and emotional injuries from the shooting.  Despite the lack of serious crime in the neighborhood and the injuries being inflicted by a criminal known to the plaintiffs, a significant settlement offer was received and accepted prior to the case going to trial.
 
Moore v. A Better Window Company, et. al., CCP, Philadelphia County, May Term, 2004, No. 3037
Represented an employee who sustained a left forearm laceration with nerve tendon artery damage  while removing windows from a building at 12th and Race Streets, Philadelphia, PA.  The employer did not have workers’ compensation insurance and civil litigation was initiated in the Court of Common Pleas, Philadelphia County to attempt a recovery under the general liability policy.  Ultimately, the general liability carrier reached an amicable settlement with the client. 
 
Toner v. Wachter, et al., U.S.D.C. E.D.Pa. No. 11-1304
A medical device salesman was represented.  He sustained a traumatic open left ankle dislocation that subsequently developed septic arthritis.  This injury resulted from the overturning of the golf cart in which Mr. Toner was a passenger.  Allegations were made that the golf cart overturned due to a combination of faulty construction of the cart path, and negligent operation of the golf cart.  Mr. Toner underwent four surgeries to his left ankle, ultimately requiring a left ankle arthrodesis and left multiplanar external fixation.  Suit was brought against the driver of the golf cart and the owner of the course.  Prior to the start of trial, the driver tendered his homeowners policy.  After retaining an engineer who specializes in golf course construction, with a focus on proper cart path construction, a significant settlement offer was received from the owner and accepted.

MOTOR VEHICLE ACCIDENTS

Marzano v. Shivone and Normative Strategies, Inc., CCP, Philadelphia County, February Term, 2010, No. 2634
Represented a bicyclist who was hit by the defendant’s car. The plaintiff sustained severe injuries requiring several surgeries.  Defendant tried to argue that Ms. Marzano crossed on a red light but at deposition, he admitted that he had pulled out of a parking spot on the west side of Broad Street just prior to the impact.  He also admitted to changing from the right lane to the left lane because there was a truck in the right lane.  Finally, Mr. Shivone admitted that he saw that the truck was stopping at the intersection and he saw its rear break lights as he passed it.  Based upon the discovery deposition, the motor vehicle insurance carrier tendered the insurance policy, and additional recovery was obtained when Ms. Marzano’s underinsured Motor Vehicle Policy tendered its limit.
 
Mascio v. Mascio, CCP, Montgomery County, No. 07-07442
Represented the plaintiff in a lawsuit against her husband for negligent operation of their motor vehicle.  The plaintiff sustained severe brain injury as a result of falling out of a vehicle as her husband pulled out of a parking spot prior to her being situated and buckled in.  Although suit was filed, the insurance policies covering the vehicle operation were tendered after the discovery was completed in the case.
 
Hertz v. Affordable Associates, et. al., CCP, Philadelphia County, September Term, 2005, No. 3651 
Represented the plaintiff involved in a motor vehicle accident with another motorist. The plaintiff sustained a cervical disc herniation requiring a cervical fusion and a repeat right total hip replacement.  Defendant tendered the majority of the insurance policy avoiding the need for trial. Additional recovery was made under plaintiff’s underinsured motor vehicle insurance policy.
 
Mattioli v. “Local Bus Transportation Company”, CCP, Philadelphia County, April Term, 2011, No. 1882
Represented a US Postal Worker who sustained severe injuries including aggravation of multilevel degenerative disc disease of the lumbar spine, tear of L2-L3 disc; radial tear at L3-L4; and left lateral disc herniation at L4-L5 and L5-S1 while a passenger on an Atlantic City bound bus.  Ms. Mattioli was traveling to Atlantic City for a brief vacation.  During the trip down, while on Rt. 76, she got up to use the bathroom at the back of the bus.  Immediately after she elevated from her seat, turned to the back of the bus, and began to walk, the bus driver slammed on the breaks causing Ms. Mattioli to be thrown to the floor of the aisle of the bus coming to rest at the base of a seat.  This case was litigated under the “jerk and jolt” case law in the Commonwealth.  Defendant filed a summary judgment motion based upon the “jerk and jolt” doctrine.  Summary Judgment was denied.  Prior to trial, Ms. Mattioli received a significant settlement offer, which she accepted.
Jackson v. Daylesford Lake et al., P.C.C.P, September Term 2011, No. 00263
Plaintiff, John Jackson and his wife Joyce were represented by Ted M. Schaer and Michael S. Misher.  As of January 27, 2011, the date of John’s fall, he was sixty-seven (67) years old, and had been married to Joyce for forty-eight (48) years.  He was the father of four grown children, and the grandfather to ten (10) grandchildren.  He had just retired from his thirty-plus year career in custodial management, but had returned to working part time at Sears in the Home and Garden section. John fell while carefully walking across Lakeview Circle to help his neighbor shovel out her driveway.  As a result of his fall, he was rendered a quadriplegic.  Schaer and Misher were successful in proving the negligence of all defendants with regard to the ice and snow removal on the cul-de-sac.  As a result, Mr. and Mrs. Jackson were able to agree to a substantial settlement prior to trial.

 

DiCicco V. DiCicco, Davis and Brooks., P.C.C.P., March Term 2013, No.1536
Represented plaintiff involved in an accident on I95 in Bucks County. A few moments prior to this accident there had been a traffic accident on I95, involving several uninsured vehicles. The DiCicco vehicle accident resulted, in part, from attempting to avoid the prior accident. As a result of this accident, Mrs. DiCicco sustained a multitude of injuries, including a right hip fracture requiring surgical intervention (ORIF) and an eventual right hip replacement. A substantial recovery was made under the DiCicco Bodily Injury Policy. In addition, a further substantial recovery was made under the DiCicco Uninsured Motorist Coverage portion of the policy despite the fact that the prevailing law in the Commonwealth prevented both a bodily injury claim and an uninsured motorist claim under the same policy of insurance.

Recent Successes:

Michael S. Misher

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P: 267.765.9607
F: 267.765.9647
msmisher@zarwin.com
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Office:
Philadelphia, PA

PRACTICE AREAS
Personal Injury
Workers’ Compensation
 
BAR ADMISSIONS
Pennsylvania
 
COURT ADMISSIONS
Courts of the Commonwealth of Pennsylvania
Pennsylvania Supreme Court
U.S. District Court - Eastern District of Pennsylvania
 
EDUCATION
Ohio Northern University College
Ursinus College
 
MEMBERSHIPS
Jewish Business Network of Southern New Jersey
LeTip of Marlton
 
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