Cases

Delaware Premises Liability Lawyer Frederick S. Freibott, has helped medical malpractice, premises liability accident and injury victims and families in Delaware deal with the painful consequences of slip and fall accidents. premises liability accidents, animal attacks and wrongful death claims for over 23 years. 

Examples of some successful cases include, but are not limited to:

(1) FREDRICK S. FREIBOTT recently secured a large verdict in a medical malpractice birth injury case. A jury returned a verdict of $528,000.00 in a case where a nurse midwife used excessive force during delivery. The nurse midwife did not recognize that the baby had a shoulder dystocia (the lodging of a shoulder against the mother's pubic bone), and, after using excessive force to deliver the baby, caused a severe brachial plexus injury to the baby, requiring numerous surgeries. Weglarz, et al., v. Ann-Marie Stafford, et al. C.A. No. 06C-08-144 MMJ

(2) FREDRICK S. FREIBOTT recently secured a large verdict in a slip and fall trial. A jury returned a verdict of $500,000.00, reduced by the client's comparative negligence, in a case where his client, a tenant at a commercial apartment complex, slipped and fell on ice that was not removed by the landlord. The client sustained severe injuries to her leg necessitating three surgical procedures. The defendant's property manager testified that he was not aware of certain ice removal procedures that the landlord had placed in writing years before the fall. The jury awarded money for the client's pain and suffering; medical bills; and lost wages. Snover v. William Penn Apartment Assocs., et al,. Del.Super., C.A. No. 07C-10-074 MJB (2009)

(3) Frederick S. Freibott recently received a policy limits settlement in a case where his client was going to the bathroom in a Port-a-Potty which was pushed over by vandals with him inside of it. A claim was made against the owner of the Port-a-Potty because the owner's company had not adequately secured the Port-a-Potty to the ground which made it easy for it to be pushed over. There was evidence in the case that this particular Port-a-Potty had been turned over on several occasions and the owner's company was made aware of that fact. The owner did nothing to prevent the Port-a-Potty from being pushed over. The Plaintiff secured expert testimony that suggested that a simple anchor into the ground, such as a 2x4 firmly secured to the Port-a-Potty, would have prevented the incident. The Plaintiff was severely injured because of this incident. (Toala v. Arrow Leasing Corp. C.A. No. 08C-03-065 RRC)

(4) FREDRICK S. FREIBOTT secured a very large settlement on behalf of his clients when he successfully argued in the Superior Court of Delaware that the parents of the son who killed his client's husband were also liable based upon a new, and modern, interpretation regarding the law of negligent entrustment. The parents loaned money to their son so he could buy a car even though they knew their son accumulated so many points on his driver's license that he had to be excluded from his parents' car insurance. The parents also knew that their son had been charged in the past with possession of Ketamine, an animal tranquilizer, and had his driver's license revoked for two years. Moreover, the parents were very sure that their son continued to drink alcohol prior to the motor vehicle collision that killed the client's husband. Mr. Freibott was also able to show that the son had been involved in an automobile collision several months prior to the one that caused death to his client's husband wherein the son fled the scene of the collision and appeared dazed and confused when confronted by the Wilmington Police Department. This case represents one of the first times that a Court, not only in Delaware, but in the United States, held that the loaning of money by parents to an adult child to purchase a vehicle, with the knowledge that their son was a poor driver and had a history of substance abuse, could be found liable under a negligent entrustment theory." Perez-Melchor, et al. v. Balakhani, et al., Del.Super., C.A. No. 04C-05-269 RRC (2006)

(5) FREDERICK S. FREIBOTT successfully argued in The Superior Court of Delaware and The Supreme Court of Delaware that an insurance company's biomechanical expert should not be allowed to testify against his client as the named expert's opinion was based upon speculation because, as the Courts held, the expert "apparently consistent with others in his 'field' made no attempt to take into account the specific personal history of the injured person." The Delaware Supreme Court held that the expert "had neither the competency nor the opportunity to consider these idiosyncratic circumstances." Eskin v. Carden, 842 A.2d 1222 (Del.Supr.,2004).

(6) FREDERICK S. FREIBOTT successfully obtained a ruling from The Supreme Court of Delaware forcing an insurance company to pay COBRA Health Benefits from the injured client's automobile insurance policy as the COBRA benefit was defined as a "lost earning" as defined by Delaware Law.

Contact our Delaware Slip & Fall Accident lawyer today to schedule your free initial consultation.