Franklin C. Love

Zarwin Baum’s Frank Love successfully defended a national insurer faced with an Underinsured Motorist Claim for policy limits of $250,000 and a Future Medical Cost Projection of $970,000 at trial in the Philadelphia Court of Common Pleas in front of Judge Glynnis D. Hill. The Plaintiff was injured in a motor vehicle accident when her vehicle was rear-ended, and the force of the vehicle allegedly jerked her body, causing permanent injury to her neck and lower back. Plaintiff had a course of chiropractic treatment and physical therapy and proceeded on to a series of injections and other minimally invasive procedures. Plaintiff settled her negligence claim against the tortfeasor driver, leaving Zarwin Baum’s client as the only Defendant in the case. Plaintiff continued her claim for Uninsured Motorist Benefits against the insurer, and after unsuccessful settlement discussions, the case went to trial. Plaintiff claims that the settlement of the tort claim did not fully compensate her for her permanent and life-altering injuries.

Plaintiff (Patrick McHale, son of Decedent Betty McHale) contended that his mother was injured and later succumbed to those injuries when she tripped and fell over a parking bumper in the parking lot of a rehab facility at Riddle Memorial Hospital in Media, Pennsylvania.  Frank’s client served as the project manager for the construction of the parking garage. Plaintiff argued that the handicapped parking spaces were not painted in accordance with ADA regulations and that the parking bumper at the head of the parking space Ms. McHale parked her vehicle was not fastened to the parking surface correctly, leading to her accident. The defense won dismissal on Summary Judgment, arguing that Plaintiff had no evidence to establish causation as there were no witnesses to the alleged accident and no other evidence to present to a jury related to the manner of Ms. McHale’s fall. The dismissal was later upheld on appeal.