Litigation Stories

McCumber Daniels Wins Favorable Opinion in Cost-of-Arbitration Appeal
On September 27, 2013, the District Court of Appeal of Florida, Second District, issued an opinion in Zephyr Haven Health & Rehab Center, Inc., et al. v. Hardin (2d DCA Case No. 2D12-2647), which reversed a trial court’s order denying a facility’s motion to compel arbitration. McCumb...
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McCumber Daniels wins on a Motion to Dismiss in the United States District Court for the Middle District of Florida
January 23, 2013 -Tampa, Florida- McCumber Daniels attorneys Andrew McCumber and Amy Miles obtained an order granting a pharmacy’s motion to dismiss the plaintiff’s complaint in a prisoner’s claim against the pharmacy for negligence in filling a prescription that was alleged to be ...
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VerdictSearch National Medical Malpractice in Pennsylvania
"Defense: There wasn't enough time to prevent aneurysm rupture." VerdictSearch Medical National vol 11 issue 10 (October 2012): 32-33. Click here to view.
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McCumber Daniels Obtains a Defense Verdict for Pennsylvania Hospital Client in an Emergency Room Case
October 15, 2012 – Norristown, Pennsylvania - McCumber Daniels attorney Patrick Healey obtained a defense verdict for a Pottstown, Pennsylvania Hospital after a five (5) day trial in a claim involving a 61-year old man alleging that he received negligent care at the Hospital. ...
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VerdictSearch Medical Malpractice Pennsylvania

"Defense: Fetal brain infection prior to birth led to baby's death." VerdictSearch Medical Malpractice vol 10 issue 3 (2012): 29-30.

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McCumber Daniels Obtains a Defense Verdict for Long Term Care Client in Negligence Case
August 17, 2012 - Philadelphia, Pennsylvania – McCumber Daniels attorneys, Joel I. Fishbein and Lawrence M. Silverman, received a defense verdict for long-term care client in a case brought by an 83 year old resident who sued after she fell and fractured her left hip during a state-mandated fi...
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McCumber Daniels Obtains a Defense Verdict for Hospital in Philadelphia Medical Malpractice Case
July 27, 2012 – Philadelphia, Pennsylvania - McCumber Daniels attorneys Andrew McCumber and Patrick Healey obtained a defense verdict for a Philadelphia Hospital and two of its nurses after an eight (8) day City Hall trial in a claim alleging medical malpractice and corporate negligence. The c...
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McCumber Daniels Obtains Defense Verdict in Medical Malpractice Case Involving Infant Demise
May 3, 2012 – Chester County, Pennsylvania - McCumber Daniels attorneys Derek M. Daniels and Mary Beth Davis obtained a defense verdict for Phoenixville Hospital after a 9 day trial of a medical malpractice and corporate negligence case involving the death of a two day old infant. The case...
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McCumber Daniels Granted Motion for Summary Judgment for Hospital Client in Slip and Fall Case
April 14, 2012 – Philadelphia, Pennsylvania – McCumber Daniels attorney, Mary Beth Davis, obtained a full summary judgment for a hospital client in a premises liability case.  Plaintiff alleged that the hallway of the hospital was slippery.  The motion for summary judgment ...
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McCumber Daniels Secures another Appellate Decision Enforcing an Arbitration Agreement in a Nursing Home Admission Agreement
On February 17, 2012, McCumber Daniels attorneys Amy L. Miles and E. Patrick Buntz convinced the Second District Court of Appeal to overturn a trial court order denying a Director of Nursing’s motion to compel arbitration. The trial court had determined that the arbitration agreement was un...
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Pennsylvania Commonwealth Court affirms Trial Court’s dismissal of Plaintiffs’ Complaint on Preliminary Objections
On February 7, 2012 the Commonwealth Court in Harrisburg affirmed the Trial Court’s Order, dismissing this matter that McCumber Daniels’ attorneys, Michael Gould successfully argued appeal on behalf of insurance client.  McCumber Daniels’ attorneys, including Marc Penchansky, ...
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McCumber Daniels Attorneys receive a Defense Verdict for hospital client in a claimed Corporate Negligence Case
May 16, 2011 – Chester County, Pennsylvania – McCumber, Daniels, Buntz, Hartig & Puig, P.A. attorneys, E. Patrick Buntz and Patrick J. Healey, received a complete defense verdict on behalf of a hospital client in a six (6) day trial.  The case involved a 72 year old woman who wa...
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McCumber Daniels Attorney Michael Gould Obtains Motion to Dismiss for Long Term Care Facility in Slip and Fall Case
Philadelphia, PA – April 2011 - McCumber Daniels attorney Michael Gould, an associate in the Firm’s Philadelphia Office, received a dismissal on behalf of a long term care facility in a slip and fall case at the client’s facility. The Plaintiffs alleged that Mrs. Elliott suffer...
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McCumber Daniels Obtains Motion for Summary Judgment for Hospital Client in a Wrongful Death and Survival Action
Chester County Court of Common Pleas – In April 2011, McCumber Daniels attorney received summary judgment for a hospital client in a claim made by a decedent’s estate for wrongful death and survival actions. The deceased, a thirty-five year old man, with a long history of heroin depen...
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McCumber Daniels obtains Motion to Dismiss for Hospital Client granted in a case alleging Age and Race Discrimination
Eastern District, Pennsylvania – In April 2011, McCumber Daniels attorney received a dismissal for a hospital client in the District Court for the Eastern District of Pennsylvania. The Plaintiff brought an action alleging age and race discrimination while an employee at Defendant’s Ho...
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McCumber Daniels Shareholder Mark Hartig Obtains Involuntary Dismissal with Prejudice against Claimant who Committed Fraud upon the Court
Tampa, Florida - On March 23, 2011, McCumber Daniels shareholder Mark Hartig successfully argued a motion for involuntary dismissal for fraud upon the court in a matter wherein the claimant was seeking to enforce provisions of a contractual non-marital co-habitation agreement. The claimant had argue...
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McCumber Daniels Obtains Motion for Summary Judgment for Intermediate Care Facility
Philadelphia, Pennsylvania - On March 22, 2011 McCumber Daniels obtained a motion for summary judgment for an intermediate care facility.  The Defendant sought summary judgment based on its immunity under the Mental Health Procedures Act, 50 P.S. §7101 et. seq and also the Mental Health an...
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McCumber Daniels Shareholder Mark Hartig Obtains Final Summary Judgment on behalf of Homeowners Association
Tampa, Florida - On March 15, 2011 Judge Stephen Rushing, Circuit Court Judge of Hernando County, granted a Motion for Final Summary Judgment on behalf of a homeowners association who had been sued when an 11 year old girl was tragically killed while digging a tunnel in a dry drainage retention area...
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McCumber Daniels Attorney Kimberly Potter Obtains a Final Summary Judgment on Behalf of School who Sponsored a Marathon
Tampa, Florida - On March 15, 2011 McCumber Daniels attorney Kimberly Potter obtained a final summary judgment in favor of a school that sponsored a half-marathon running event. The school had been sued when a runner collapsed from cardiac arrest and later died. The claimant's estate had argued that...
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McCumber Daniels wins Appeal based on Charitable Immunity
On December 13, 2010, the Appellate Division of the Superior Court of New Jersey, published a 30 page opinion, written by the Honorable Jack Sabatino, J.A.D., holding that defendants, Bancroft NeuroHealth Inc. and its agents, are entitled to charitable immunity under New Jersey’s Charitable Im...
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McCumber Daniels Attorney Kimberly Potter Obtains Final Summary Judgment Dismissing Claims Against Not-For-Profit Agency
Tampa, Florida - McCumber Daniels is pleased to announce that Kimberly Potter obtained a final summary judgment dismissing a claim against a not-for-profit community welfare agency who was sued by a husband and wife for injuries they sustained caused by a person with developmental disabilities. ...
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McCumber Daniels granted Motion for Summary Judgment in a Matter Alleging Improper Diagnoses of Fungal Pneumonia
In December 2010, McCumber Daniels attorneys, Cathleen Kelly Rebar, Karen Tucci, and Michael Gould, were granted Motion for Summary Judgment on behalf of Chestnut Hill Hospital in a matter that alleged improper diagnoses of fungal pneumonia.    The Plaintiff sued the hospital and ...
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McCumber Daniels Obtains Dismissal of Wrongful Death Complaint
Philadelphia County - November 2010 – McCumber Daniels attorneys, Cathleen Kelly Rebar and Patrick Healey, were granted preliminary objections and had a wrongful death cause of action against a hospital client dismissed with prejudice.  The Court ruled that the Complaint had failed to sta...
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McCumber Daniels Successfully Defends an Appeal from a Jury Verdict and a Directed Verdict Denying the Punitive Damages Claim
On October 12, 2010, the Superior Court of Pennsylvania issued an opinion affirming a judgment entered on a jury verdict, awarding limited damages to the Estate of a personal care home resident, denying the Estate’s request for punitive damages and denying the Estate’s post-trial motions...
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McCumber Daniels Secures Summary Judgment on Behalf of Physician Group in Philadelphia County in Suit Alleging Intrauterine Injury
On October 5, 2010 McCumber Daniels attorneys  secured Summary Judgment on behalf of Hospital client in a matter that alleged intrauterine injury.  Plaintiffs claimed that the child suffered an intrauterine injury which continued until his birth.  Plaintiffs claimed that the defendant...
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McCumber Daniels Obtains Summary Judgment based on immunity under the Retail Theft Act
On March 2010, McCumber Daniels obtained summary judgment for client based on immunity under the Retail Theft Act for shopkeepers and merchants. The added component was the simultaneous granting of a Motion to Dismiss based on the plaintiff repeatedly answering questions at a deposition by respondin...
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McCumber Daniels Recieves a Favorable Opinion from the Second District Court of Appeals Supporting Medical Malpractice Caps
March 31, 2010, the Second District Court of Appeals publishes a favorable opinion supporting medical malpractice caps in an appeal McCumber Daniels is handling for Tampa General Hospital. McCumber Daniels also handled the underlying trial involving the death of a premature infant at Tampa...
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McCumber Daniels Secures a Complete Defense Verdict for Hospital in Emergency Room Triage Case
April 20, 2010 - Derek M. Daniels and Stuart T. O'Neal successfully obtain a defense verdict on April 8, 2010, on behalf of Chestnut Hill Hospital after a seven day trial in Philadelphia, Pennsylvania before the Honorable Joseph A. Dych. The Plaintiff, Steven Schlenger, asserted at trial that C...
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McCumber Daniels Obtains a Compulsory Nonsuit in Favor of Client in Case Alleging Violations of Pennsylvania's Dog Law
March 8, 2010 - Michael Gould, an Associate in the Philadelphia office of McCumber, Daniels, Buntz, Hartig & Puig, P.A., moved for, and was granted a compulsory nonsuit in favor of defendant following the close of Plaintiffs’ case in a bench trial before The Honorable Jacqueline Cody ...
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McCumber Daniels Obtains Summary Judgment For Nursing Home Administrator that was Individually Sued By Resident's Estate
On February 19, 2010, in an action brought by the personal representative of a nursing home resident’s estate under Chapter 400, Florida Statutes, McCumber Daniels obtained Final Summary Judgment against the plaintiff on behalf of a nursing home Administrator who had been individually sued by ...
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McCumber Daniels Announces the Dismissal of Hospital Emergency Room Cases
May 20, 2009 - Philadelphia, Pennsylvania - McCumber Daniels is proud to announce the dismissal of two cases against two of its Hospital clients. The first matter involved the claim of a thirty-nine year old male, who initiated suit against our client's Hospital after he was brought to the...
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McCumber Daniels Secures Two More Appellate Victories Enforcing Nursing Home Arbitration
November 30, 2009 Tampa, Florida-- Earlier this year in Jaylene v. Moots, 995 So.2d 566 (Fla. 2nd DCA 2009) McCumber Daniels attorneys Mark B. Hartig and Mara B. Levy, convinced the Second District Court of Appeals to reverse a trial court decision denying the enforcement of a nursing home’s ...
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McCumber Daniels Achieves Favorable Jury Trial Result in Multi-Million Dollar Claiming Wrongful Death and Survival Damages
May 5, 2009 Philadelphia, Pennsylvania - On Monday, April 7, 2009, a Philadelphia Jury sent a message in a case stemming from a March 8, 2006, fire at Springfield Residence located in Wyndmoor, Pennsylvania. The Plaintiff had been demanding twelve $12 million to settle the case. The Defendants, rep...
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McCumber Daniels Secures Dismissal of Pottstown Memorial in Medical Malpractice Case
January 16, 2009 Philadelphia, Pennsylvania - McCumber Daniels’ attorney secured the completed dismissal of Pottstown Memorial Medical Center in a case involving corporate allegations, and averments that alleged, among other things, a failure to timely order and perform a plastic surgery cons...
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McCumber Daniels Successfully Defends the Appeal of an Order that Granted Summary Judgment in Favor of Defendants who Provided Consultant Pharmacy Ser...
July 1, 2008 - McCumber Daniels attorney Andrew McCumber successfully defended the appeal of a trial court order that granted summary judgment in favor of defendants who provided consultant pharmacy services to a long-term care facility. The plaintiff alleged that the consultant pharmacist undertook...
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McCumber Daniels Successfully Argues in Opposition to Punitive Damages in Florida Nursing Home Case
February 6, 2008 -- McCumber Daniels' attorney E. Patrick Buntz successfully argued against Wilkes & McHugh, P.A.’s attempt to seek punitive damages against several nursing home corporations, a former nursing home administrator, and a former director of nursing. The Court announced it...
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McCumber Daniels' Pennsylvania Office Secures Dismissal of Two Professional Liability Nursing Home Litigation Cases
December 26, 2007  Monroe County, Pennsylvania— McCumber Daniels attorney  secured the dismissal two (2) professional liability nursing home litigation cases at the Summary Judgment level in Monroe County on behalf of the Firm’s client, a skilled long term care facility. ...
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Judge Awards Fees and Costs to McCumber Daniels’ DON Client under Florida Statute 57.105 for Having to Defend Frivolous Claim
October 2, 2007 McCumber Daniels Attorney Mark Hartig successfully sought and received an order awarding fees and costs for the defense of a Director of Nurses who was improperly named as a defendant in a lawsuit.  The DON was alleged to have committed negligence which resulted in the death ...
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McCumber Daniels' Pennsylvania Office Secures Dismissal of Client from Long Term Care Matter
September 15, 2007 Columbia County, Pennsylvania— McCumber Daniels attorney secured the dismissal of a long term care client, from a matter that alleged substandard nursing home care over a number of years that included allegations of outrageous a conduct and a prayer for punitive damages. Th...
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McCumber Daniels Wins Summary Judgment Motion for Health Club Client
June 14, 2007 -- David Nilsen, an attorney with McCumber Daniels successfully argued a motion for summary judgment bringing to an end a lawsuit against the McCumber Daniels’ client, Lifestyle Family Fitness (LFF).  The Plaintiff was rear ended in an automobile crash and suffered back and...
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McCumber Daniels Attorney Secures Dismissal with Prejudice for Medical Malpractice Defendant
June 13, 2007 - McCumber Daniels shareholder and firm founder Andrew McCumber successfully presented a Motion to Dismiss in Hillsborough County, Florida, in a lawsuit involving allegations of medical negligence in the care and treatment of a patient with an intra-cerebral hemorrhage.  The heari...
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McCumber Daniels' Pennsylvania office secures dismissal of two clients in federal case
May 22, 2007 - McCumber Daniels' attorneys obtained a complete defense dismissal of two clients in a case that involved allegations of section 1983 violations of constitutionally protected civil rights and a demand for punitive damages. The case was venued in federal court, specifically in the Easte...
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McCumber Daniels Attorneys Secure Final Summary Judgment Dismissing Case Against Tampa General Hospital on Eve of Trial
March 16, 2007--The collective efforts of shareholder Kenneth Puig and associate Kari Aasheim resulted in summary judgment for McCumber Daniels client Tampa General Hospital on the eve of trial.  The medical negligence claim involved an orthopedic trauma patient who received emergency surgery t...
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McCumber Daniels Achieves Another Complete Defense Verdict in Hillsborough County, Florida Jury Trial
February 12, 2007 Tampa, Florida -- McCumber Daniels is pleased to announce a recent defense verdict in favor of a GEICO Insured driver in an auto negligence case. In the case of Yudith Marante Rodriguez v. James Perkett, Albert M. Rodriguez and Mark B. Hartig tried the case on behalf of James Perk...
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McCumber Daniels Secures Dismissal of Case Involving Million Dollar Demand
January 22, 2007 Philadelphia, Pennsylvania-- McCumber Daniels attorney obtained a dismissal of a Northeast Pennsylvania mental health referral, resource coordination and crisis management agency in a claim that involved allegations of false imprisonment and constitutional right violations. Plainti...
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McCumber Daniels Secures Favorable Settlement For Personal Care Home Client During Trial
August 15, 2006 Pittsburgh, Pennsylvania-- McCumber Daniels attorney secured a favorable settlement for an owner of a personal care home just prior to the close of a trial against DPW in front of the Honorable John A. Parse at the Bureau of Hearings and Appeals in Pittsburgh, Pennsylvania. Claire ...
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McCumber Daniels Secures Dismissal of Long Term Care Client From Case
August 15, 2006  Philadelphia, Pennsylvania-- McCumber Daniels attorney obtained a dismissal of the Firm’s client, Fairmount Long Term Care, from a Philadelphia venued nursing home litigation matter.  The Plaintiffs’ attorneys on the case were Wilkes & McHugh, based out of...
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Court Grants Summary Judgment Dismissing Medical Malpractice Case Against Florida Hospital Zephyrhills
June 7, 2006 - McCumber Daniels has secured a final summary judgment on behalf of the hospital defendant in a medical malpractice case against Florida Hospital Zephyrhills. Plaintiff had alleged that the hospital was negligent in improperly assessing a patient who had been admitted to the hospital c...
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McCumber Daniels Obtains Another Summary Judgment on Behalf of Hospital Client
April 13, 2006- McCumber Daniels has secured a final summary judgment on behalf of the hospital defendant in Miller v. Memorial Hospital Ormond Beach. From the outset of the case, MI had argued that Plaintiff failed to assert a med mal claim against Memorial (Adventist) within the two-year statute o...
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