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Published on: 6/20/2004
Last Visited: 6/20/2004
Joel D. Feldman
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Joel Feldman, Esquire proved our client's loss of future earnings - comparing his potential salary as a police office with his wages as a landscaper - using vocational experts and other witnesses.
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Jurors deliberated for eight hours before returning the $1,069,850 verdict; the figure was an average of the jurors' individual awards, plaintiff's counsel Joel D. Feldman of Anapol Schwartz Weiss Cohan Feldman & Smalley said.
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Drinkwater, then 48, was returning canoes to the school-owned boathouse after the activity when a canoe balanced on the wooden canoe rack fell and struck him on the head, Feldman said.
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At trial, Feldman said he traced the accident to a rotten pole near the canoe rack, a vestige of a former rack design.The 12-foot long pole was jostled, he said, causing it to swing and hit the canoe, which had to be pushed only a few inches before falling from its supports.
"There were no witnesses.That made it a really hard case.There was no direct evidence of the post moving," Feldman said."I had to convince the jury I had ruled out all other possible causes."
According to Feldman, Drinkwater suffered a closed head injury which caused minor cognitive impairment, a herniated disc which required surgery and high- frequency hearing loss and tinnitus, or ringing of the ears.
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According to Feldman, the defense claimed that the plaintiff's hearing loss was caused by noise damage from his days of playing guitar and drums in local bands.
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Both parties agreed that the parents were business invitees of the school as volunteers at the event, but many other issues in the trial were hotly contested, Feldman said.
The defense made several offers prior to the six-day trial, Feldman said, including a $250,000 offer the day before the trial, a $300,000 offer following the first day of testimony and a $350,000 offer after the second day.
Because his client did not wish to settle, proving the extent of Drinkwater's injury and connecting the circumstantial evidence to show the conditions under which it occurred were key for Feldman.
The jury was very much in tune with Philadelphia music, which made his job easier, Feldman said.
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Feldman also convinced the jury that circumstantial evidence -- that the canoes were being brought in, that no one was touching the canoe and that the rotten post had moved four or five inches after the accident -- made a solid case.
For that, he turned to his own two children, ages 9 and 11.After finding muddy sneaker footprints on the carpet in his home a few days before closing arguments, Feldman followed the tracks through the house, up the stairs and into his son's bed room to uncover the culprit.Following the verdict, jurors told him the example had been convincing.
"I showed then circumstantial evidence could be used," Feldman said.
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Anapol, Schwartz, Weiss, Cohan, Feldman and Smalley, P.C., is headquartered in Center City Philadelphia, and has a national reputation for skilled legal representation of victims who suffer from serious and catastrophic injuries.
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Chester's existing medical expenses totaled $155,000 and his future costs were calculated at $160,000, according to his attorney, Joel D. Feldman of Anapol Schwartz Weiss Cohan Feldman & Smalley in Philadelphia.
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The plaintiff, Feldman said, walks with a noticeable limp.Chester's injuries also prevent him from participating in recreational activities with his 9-year- old daughter and from working as a landscaper, his profession.
Feldman said that although liability was not disputed, Chester's wage losses were contested.Before the accident, Chester had his own landscaping company and never earned more than $10,000 a year.However, the Philadelphia resident had aspirations of becoming a police officer in the city.Just prior to the accident, he had passed the entrance exam and was thus invited to orientation.
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The passenger's case settled in November 1999 for $250,000, Feldman said.
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Joel D. Feldman
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Joel D. Feldman was a co-course planner and speaker at the PBI Personal Injury Institute on July 30, 2003 on the topic, "Credibility of the Plaintiff and Plaintiff's Attorney".Joel D. Feldman is the Managing Partner at Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C..He concentrates his practice in securities litigation and stockbroker claims, complex personal injury cases, automobile accidents, liquor liability and construction accident cases.He is a frequent lecturer for the Pennsylvania Bar Institute.
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Joel D. Feldman
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Please use the form below to send an email to Joel.
Joel works in our Delancey Place office and can be reached directly by phone at (215) 735-3716.
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Joel D. Feldman's clients are unanimous in their appreciation for his hard work, compassion, and concern for their interests.Mr. Feldman, a Shareholder in and the Managing Partner of Anapol Schwartz, has represented many clients whose cases have resulted in improved consumer safety.
Mr. Feldman concentrates his practice in securities litigation and stockbroker claims, complex personal injury cases, including wrongful death, medical malpractice, products liability, professional liability, highway design, slip and fall cases, automobile accidents, liquor liability and construction accident cases.He received his bachelor's degree from the University of Vermont in 1976 and his law degree from Villanova University in 1981.He is licensed to practice law in Pennsylvania and New Jersey.
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Mr. Feldman is a frequent lecturer; he has served as a course planner and moderator for the Annual Automobile Insurance Law and Ethics seminar jointly sponsored by the Pennsylvania Bar Institute and the Philadelphia Bar Education Center.Among the topics on which he lectures are automobile insurance issues, liquor/dram shop liability, governmental immunity, use of engineering witnesses at trial, releases, the interplay between Pennsylvania and New Jersey motor vehicle insurance laws, and deposition techniques in motor vehicle and slip and fall cases.
Mr. Feldman is a member of the Pennsylvania and Philadelphia Bar Associations, and the Pennsylvania and Philadelphia Trial Lawyers Associations, and is a member of the Philadelphia Bar Association's Mid-Size Law Firm Management Committee.
Mr. Feldman is a member of the Public Investors Arbitration Bar Association (PIABA), which exclusively represents investors in stock fraud and stock loss cases.
Mr. Feldman is also active in many other charitable and community groups.
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