Turner, O'Mara Donnelly & Petrycki

At Turner, O'Mara Donnelly & Petrycki, we provide the finest legal representation in a broad range of litigated matters including product liability, construction defects, environmental law, toxic torts and long-term exposure, medical, dental and other professional malpractice, public entity tort litigation, insurance coverage, commercial litigation, employment law litigation, and appellate practice.

Product Liability

Since its inception, Turner, O'Mara Donnelly & Petrycki has represented elevator manufacturers such as Otis Elevator Company and Dover Elevator in litigation involving complex equipment such as passenger and freight elevators, escalators and moving sidewalks. The firm has been designated as preferred counsel by United Technologies Corporation with respect to product liability matters in NJ & PA. We have litigated diverse product liability matters involving air conditioning, refrigeration and heating equipment for Carrier Corporation and Nordyne, complex machinery such as commercial wood chippers, paper bailers, industrial pumps, pneumatic machinery, tractor-trailer components such as rear bogey assemblies, drive tire tread separations and fifth wheel deficiencies, and adulterated food claims for a number of retail chain restaurants, just to highlight a few. We routinely develop in-depth understanding of the product, then utilize our extensive network of the most qualified experts and specialists who can present the product to the jury in understandable terms.

Construction

Our firm has developed considerable expertise and experience in litigating and mediating cases involving negligent construction, water infiltration, mold, class actions and construction site personal injury claims. We have represented major developers & construction companies as well as smaller, local builders. We have substantial other experience representing owners, general contractors, subcontractors, and other construction defendants including insurance companies in coverage litigation. These cases often involve complex issues regarding contract interpretation, consequential damages, OSHA regulations, contractual indemnification and “additional insured” status, among others.

Environmental-Long Term Exposure

The firm has been involved in defending asbestos exposure cases since 1991 for manufacturers, distributors, suppliers and installers of asbestos-containing thermal insulation products. We have also defended product liability claims involving equipment alleged to contain asbestos component parts. We have aggressively litigated literally hundreds of cases and continue to do so on behalf of various defendants. Over the years we have established a strong working relationship with plaintiff's counsel in New York, New Jersey and Pennsylvania.

Since its inception, this firm has also handled numerous other types of long term exposure claims including: silica, mold, salmonella, methylene chloride, benzene, lead paint, radiation, carbon monoxide, carbonless copy paper and numerous other potentially noxious products and substances. This experience has allowed us to interact very closely with the medical and scientific communities in evaluating threshold limit values, rates of exposure and medical causation. We have defeated a number of toxic exposure claims by successfully challenging the methodology employed by plaintiff's liability and damages experts.

For the last 25 years, our attorneys have been extensively involved in defending Spill Act and Superfund contribution claims on behalf of owners and operators, transporters, and generators. We have litigated not only personal injury claims but also environmental remediation claims including ground water and soil remediation. We have litigated numerous UST losses arising primarily out of petroleum contamination. A representative listing of the cases handled by this firm include: GEMS, Global Landfill, Higgins Farm, Kramer Landfill, Combe Landfill South and numerous other smaller, localized sites.

Professional Liability

Our attorneys aggressively represent professionals against claims of malpractice and professional misconduct in the courtroom and before licensing boards. Our reputation in this practice area is built on years of experience litigating complex matters to successful resolution through dispositive motions, at trials and in negotiated favorable settlements.

We have successfully defended many malpractice cases involving serious injury claims related to brain damaged newborn infants, failure to diagnose terminal illnesses such as cancer, foreign bodies left in patients and other poor outcomes following surgery, and wrongful death, among others, on behalf of physicians in all specialties and sub-specialties. Our dental malpractice cases include issues such as permanent nerve damage, oral cancer, and loss of teeth. We also defend pharmacists in cases alleging dispensation of the wrong medication or the wrong dosages.

We work closely with prominent expert witnesses to prepare a successful defense in cases against our clients. We also conduct educational seminars for health care professionals and claims handlers on legal topics as well as in-house matters such as informed consent issues, record-keeping and patient relations. We are sensitive to our clients' personal and emotional concerns about litigation involving their professional reputations and livelihood, and provide support and counsel through the uncertainty and anxiety of litigation.

In addition to medical professionals, our attorneys have extensive experience defending attorneys in malpractice cases involving a variety of underlying legal matters. We have litigated legal malpractice cases in which our clients were involved in real estate transactions, family law cases, personal injury claims, commercial transactions and due diligence, and an almost unlimited variety of other underlying case types. Because our own firm practice is diverse and covers a range of legal areas, we are well-equipped to successfully litigate not only the claims of negligent handling of the underlying matter, but also the “case-within-a-case” in a wide range of disputes.

Our attorneys have also developed expertise in litigating other types of professional malpractice claims involving accountants, architects and engineers. Our vast experience enables us to develop early strategies for favorably resolving professional liability matters in a cost-effective and efficient manner.

Public Entity Tort Litigation

Our firm has an abundance of experience defending public entities in litigated matters involving bodily injury claims arising out of alleged dangerous conditions of public property such as roadways, bridges, sidewalks, playgrounds, parks, undeveloped land and other facilities and property. We have represented municipalities in a substantial number of work place claims involving allegations of state and federal constitutional violations, discrimination, slander, libel and unlawful termination. The members of our firm have developed an expertise with respect to the defenses and immunities afforded by the New Jersey Tort Claims Act in areas such as discretionary activities, allocation of limited resources, design immunity, good faith enforcement and execution of laws, and police pursuit of persons evading arrest. Our extensive experience in this area enables us to work effectively with public officials and employees in the gathering of the critical information required to favorably resolve the matter by way of a dispositive motion or to successfully try the case to verdict.

Employment

The Firm defends employers in a wide variety of employment related matters ranging from wage and hour disputes to discrimination and sexual harassment claims. Over the years we have successfully defended discrimination claims on the basis of age, gender and race. The Firm prides itself on defending these claims aggressively with an eye toward successful resolution through dispositive motions, negotiated favorable settlements, and trial when necessary. Our attorneys have extensive experience defending employers in state and federal courts, the United States Equal Employment Opportunity Commission and the New Jersey Division on Civil Rights.

Hospitality and Retail

Our retail and restaurant practice includes representing clients such as large chain retailers, restaurants, franchisors, and property owners as well as small and mid-sized establishments involving a wide array of legal issues including premises liability, security procedures, contaminated food, snow and ice, retail theft, liquor liability, pharmacy malpractice, and general liability. We are equipped to navigate the unique issues that often arise in these types of claims including transfer of risk issues which frequently involve interpretation of contractual indemnity provisions and insurance coverage issues as well as those responsibilities allocated to franchisors/ franchisees. Our retail and restaurant practice also advises clients in non-litigated matters including investigating incidents, preservation of evidence, and other risk and loss mitigation practices.

Insurance Coverage

Our firm has enjoyed a long and successful relationship with several of the world's most prominent members of the insurance industry. As a result of that relationship, we have had the opportunity to develop substantial expertise in the area of insurance coverage. Our practice includes writing coverage opinions and litigating insurance coverage disputes arising from a wide variety of underlying claims. These claims have included losses arising from environmental contamination, alleged misuse of intellectual property, employment disputes, construction defect claims and personal injury actions. Our clients seek us out for coverage opinions and counsel when presented with complex and delicate insurance coverage issues that require the input of thoughtful and experienced insurance coverage attorneys. Our extensive experience both in the courtroom and in arbitration has allowed us to successfully try and arbitrate insurance coverage cases on behalf of our clients.

Motor Vehicle/Transportation

Our firm has extensive experience successfully representing individuals, and drivers of private passenger and commercially owned vehicles including school bus companies, non-emergent medical transports, taxi fleets, limousine services and national fleet companies, in all types of personal injury claims. Our attorneys navigate relevant issues that often arise in these types of claims including coverage determinations, verbal threshold limitations, PIP subrogation, and uninsured-underinsured motorist claims. We represent businesses as well as individuals who face potential liabilities and lawsuits from injuries or losses in a variety of forums including state court, federal court, and at arbitration proceedings.