MGS attorneys took over a high exposure case midstream from another defense firm, involving two construction workers who sustained severe injuries as a result of a collision between a train and a “cherry picker” lift they were using on railroad property.

The workers suffered brain and spinal injuries, and the defense team faced allegations of negligence, willful and wanton conduct and punitive damages.  While preparing a vigorous defense of the underlying case, MGS attorneys Sean Sullivan and Bob Prendergast won summary judgment against the workers’ employer on claims for contractual indemnity for both negligence and willful and wanton conduct.

This prompted the contractor’s insurance company to negotiate substantial settlements with the workers at no cost to MGS’ rail client.  MGS’ attorneys continue to fight for its rail client in seeking recovery of the attorneys’ fees and litigation expenses incurred in defending this case.