Joel H. Feigenbaum

Joel H. Feigenbaum is a Principal in the firm's Casualty Litigation Department and Hospitality & Retail Practice Group. He defends clients in diverse matters involving general and premises liability, negligent security, product, automobile, and liquor liability claims. He advocates on behalf of hospitality and retail industry clients, including hotels/motels, restaurants, franchisors/franchisees, resorts, and Fortune 500 retail chains. He also represents athletic clubs, educational facilities, carnivals, telecommunication companies, supermarkets, and hospitals in addition to working with a variety of insurers, self-insureds, and third-party administrators in defense of catastrophic injuries and losses.

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• Defense verdict in Philadelphia County on behalf of a trucking company and its tractor-trailer driver in a contested liability motor vehicle accident where the plaintiff claimed significant spinal injuries.
• Defense verdict on behalf of a condominium association and commercial real estate developer in a fifteen-day Chester County premise liability action where a traumatic brain injury was alleged, and the pre-trial settlement demand was $10M.
• Verdict of $5,000 against the end-user in a commercial liftgate failure-product liability action in the Philadelphia County Court of Common Pleas following a seven-day jury trial where the three manufacturing co-defendants settled-out, but the jury still found them, collectively, 97.5% liable for the plaintiff’s alleged significant spinal injuries where a liftgate arm snapped, causing 1,500 lbs. of material to strike the plaintiff, rendering him unconscious.  The pre-trial demand against the end-user was $5M.
• Verdict of less than $100,000 against a nationally recognized pharmacy chain in a negligent security case in the Philadelphia Court of Common Pleas where the plaintiff claimed assault, battery, intentional infliction of emotional distress, and false imprisonment against the retailer based upon an assault by another customer wielding a firearm.  The plaintiff claimed post-traumatic stress disorder, sought punitive damages, and demanded $3M before the six-day trial.  

• Successfully defended a well-known pharmacy chain where a dying tree fell and struck a customer in its parking lot, resulting in brain damage and spinal cord injuries.
• Favorable settlement for a traveling carnival after a guest fell from an amusement ride, resulting in multiple fractures and surgery. 
• Favorable binding arbitration award on behalf of a retail client whose customer was stabbed in its parking lot after an altercation amongst patrons spilled outside of the store.
• Dismissal by motion at the pleadings stage of claims for emotional distress, fraud, and punitive damages in a federal breach of contract action against a retailer.
• Represented schools and daycares in multiple state court actions where minor students alleged sexual assault by staff and fellow students on the educational facilities’ premises.  
• Favorable settlement for a UIM carrier in a federal bad faith case involving multiple plaintiffs claiming permanent spinal cord injuries.
   

• "Bill of Costs: Who Gets Paid When No One Wins?," The Legal Intelligencer (August 14, 2017) (reprinted in Counterpoint, Pennsylvania Defense Institute, October 2017)
• "Discoverability of ‘Private’ Facebook Photographs in Personal Injury Suits," American Bar Association's Litigation Committee Newsletter (Summer 2015)