Harrisburg partner, Stephen L. Banko, Jr., was defense counsel in two separate matters pending in Cumberland County, PA, which went to trial during the same week. The first case was an appeal from a defense arbitration award and arose out of a motor vehicle accident in which the Defendant failed to stop at a red light and struck Plaintiff’s vehicle broadside causing what Plaintiff contended was various soft tissue injuries. The jury deliberated for less than one hour before returning a verdict in favor of the Defendant, awarding Plaintiff no money damages.
The second case involved damage to a telecommunication line by an excavator during construction of a mall. The excavator, relying upon the Pennsylvania One-Call placed by its general contractor, did not itself contact the Pennsylvania One-Call system. The locator for Plaintiff, the telecommunication company, misread or failed to read the entirety of the PA One-Call ticket and did not mark his employer’s telecommunication lines in an appropriate fashion. After less than forty-five minutes of deliberation, the jury concluded that neither the subcontractor represented by Mr. Banko nor the general contractor were negligent. The telecommunication Plaintiff was seeking damages in excess of $151,000.