Verdicts and Settlements
February 17th, 2010
Bad Faith Case Settlements

Mr. Harrity has litigated two bad faith cases in recent weeks both with favorable outcomes. In the first case filed against Safe Auto Insurance, the Complaint alleged breach of contract and bad faith for the insurer's refusal to defend its insured, Towanan Thompson in a motor vehicle lawsuit where a non permissive user was driving and caused the accident. Safe Auto had refused to defend Ms. Thompson in the underlying motor vehicle lawsuit citing a "family exclusion". After prevailing in Philadelphia Municipal Court, the case settled....

In the second case filed in Philadelphia against GEICO, Mr. Harrity alleged breach of contract and bad faith for the insurer's refusal to pay an uninsured motorist (UM) claim stemming from an accident in Minnesota dealing with a Minnesota insurance policy. GEICO had denied the UM claim stating that its insured, Markson Grant, had "oversteered" and caused his own accident. GEICO settled the lawsuit with Mr. Harrity prior to the court hearing.


December 15th, 2009
$238,000.00 in Total Settlement in Car Accident Case Involving Personal Injuries to Five (5) Minors and Adult Driver

April 2009 motor vehicle accident in Philadelphia with a DWI driver resulted in personal injuries to our client driver and minor passengers. All five (5) children ranging in age from 18 months to 15 years old were taken to Children’s Hospital of Philadelphia for examination and care. The infant sustained head lacerations and was admitted for two (2) nights but the other minor children were treated and released from the emergency room with minor soft tissue injuries. The structured settlement effectuated on behalf of two (2) of the minors enabled them to recover substantially more than the face value of the settlement by taking the money over time.


October 31st, 2009
$9,062,500.00 Mass Tort Litigation Settlement in RE: Riverwalk Fire Cases Montgomery County No. 08-23265

The Law Offices of Thomas W. Harrity, L.L.C. represented Fireman’s Fund Insurance Company and Homesite Insurance Company in property damage subrogation cases placed into mass tort/class action litigation as a result of the spectacular fire on August 13, 2008, that consumed the Riverwalk Condominium and other real estate properties in Conshohocken, Pennsylvania. Through deft handling of the pleadings and attendance at mediation conferences with class counsel, we were able to expeditiously obtain settlements without forcing the insurers to spend thousands of dollars on expert witness fees and avoid protracted litigation.


July 9th, 2008
$260,000.00 Personal Injury Settlement for Work Injury

In Richard E. Crowther v. Fujitec America et al,CCP Philadelphia, January 2008, No. 02420, we represented the Plaintiff who was injured while working in his job as a security officer at the Children's Hospital of Philadelphia (CHOP)when the security booth he was stationed in was struck by a flatbed truck that wedged itself into the booth. Mr. Crowther's injuries included cervical disc herniations and cervical radiculopathy. However,his case was complicated by the fact that he had previously suffered cervical disc herniation in May 2005 and had had neck surgery in November 2005 just months before this accident in January 2006. After litigation was commenced and Mr. Crowther's deposition was taken, the case settled for $260,000.00.


April 15th, 2008
$160,000.00 Settlement in Limited Tort Case

$160,000 Settlement in Limited Tort Case following four (4) day jury trial in Montgomery County despite only one(1) day wage loss, a few months of physical therapy treatment and no epidural injections or surgery Hagner v. Derby , Montgomery County No. 04-31458 Jury Trial -February 24-28, 2008
Attorney for Plaintiff: Thomas W. Harrity, Esquire, The Law Offices of Thomas W. Harrity, L.L.C.; Attorney for Defendant: Joseph A. Ross, Esquire, Robert Casey, Jr. & Associates

A Montgomery County jury unanimously awarded plaintiff, Michael Hagner $137,117.32 in total damages for a February 2002 rear end car accident despite the evidence that Plaintiff missed only one (1) day of work in his job a s a coca cola bottling salesman and was non compliant in his medical treatment recommendations. Following trial, the defense filed post trial motions alleging the verdict was excessive and against the weight of the evidence. State Farm insured the defendant and had $100,000.00 of coverage. Mr. Harrity filed a post trial motion for delay damages to increase the size of the verdict based on the fact that State Farm had made no offer to settle in writing prior to trial. The matter settled in April 2008 for $160,000.00 a figure that exceeded the jury verdict and the defendant’s insurance policy limits.


December 31st, 2003
$115,000.00 Settlement in Limited Tort Case

Edward Rusjaz suffered personal injuries including a non displaced left acetabular fracture, left pelvic fracture and left pubic fracture when his station wagon was broadsided on the highway by a Jeep vehicle rented through Enterprise Leasing. The Law Offices of Thomas W. Harrity, L.L.C. was able to negotiate settlements with the third party tortfeasor’s insurer, first party UIM insurer and the rental car company based on a theory of negligent entrustment. The structured settlement effectuated enabled the client to recover substantially more than the face value of the settlement by taking the money over time.


June 2nd, 2003
$26,000.00 Judgment at Trial in a Limited Tort Case

In Switenko v. Ebady, CCP Philadelphia March 20003, No. 03549, Mr. Harrity successfully garnered a $26,000 judgment at trial in a limited tort case wherein the Plaintiff had a 3 month gap before seeking any medical treatment for neck injuries sustained in a rear end motor vehicle accident at 6th & Pine Streets in Philadelphia. Two of Plaintiff's MRI reports were in conflict over whether a herniation existed in the cervical spine. The defense had an expert radiologist--Dr. Todd Siegal-- who concluded no herniation existed. Plaintiff did not present a wage loss. The court found in favor of Plaintiff and awarded $25,567.46. The defense had offered $0.00. Post Trial Motions filed by Mr. Harrity were granted and delay damages and costs in the amount of $714.39 were added to the judgment. See article,Switenko vs Ebady, reported in National Jury Verdict Review.