Newsworthy Events

7/29/10 F&W Legal Team Obtains Summary Judgment in Multi-Million Dollar Wrongful Death Case

Members of the F&W legal team recently obtained summary judgment on behalf of a railroad in a wrongful death case.  The decedent was struck while walking at night in the middle of the railroad's mainline track, facing away from oncoming train traffic.  The decedent's family and estate filed suit in Massachusetts Superior Court against the railroad and 5 other defendants, where lengthy discovery and motion practice ensued.  Prior to summary judgment, the decedent's estate made a multi-million dollar global settlement demand, which was rejected by all defendants involved.  In granting summary judgment on behalf of F&W’s client, the court held the decedent was a trespasser and the tracks were an open and obvious danger, on which the railroad had no duty to warn.  The Court also determined that the railroad did not, as a matter of law, act wantonly, willfully or recklessly.

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6/11/10 Favorable Defense Settlement Following Seven-Figure Demand

F&W attorneys Michael B. Flynn and Seth C. Turner recently obtained a favorable defense settlement after a four-day trial.  The plaintiff, a former railroad conductor, allegedly injured his ankle while climbing over a fence to access a train separation.  His initial ligament injury developed into a sympathetic nervous system disorder known as Complex Regional Pain Syndrome (formerly Reflex Sympathetic Dystrophy) that affected his left lower extremity, disabling him from all gainful employment.  The case proceeded to trial after the defense rejected the plaintiff’s demand of $3.6 million.  After four days of trial, including the cross examination of the plaintiff’s experts and medical providers, the defense obtained a settlement well-below the plaintiff’s seven-figure expectations.  The case was tried in Federal Court in Illinois.

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5/26/10 Defense Verdict in U.S. District Court in Massachusetts

In May 2010, F&W attorneys Michael B. Flynn and Seth C. Turner received a defense verdict in favor of a railroad client.  The plaintiff alleged that he was injured while operating a defective railroad switch and sustained permanent disabling injuries to his neck with symptoms radiating into his arms and hands.  The FELA case was tried to a jury in Federal Court in Boston, MA, after the defense rejected the plaintiff’s demand of $500,000 to settle the case.  After five days of trial and three hours of deliberations, the jury returned a verdict in favor of the defense and found that the railroad was not negligent and did not cause any injury to the plaintiff.

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2/1/10 Flynn & Wirkus joins American Short Line and Regional Railroad Association.

In January, Flynn & Wirkus joined the American Shortline and Regional Railroad Association,  a non-profit trade association that represents the interests of its short line and regional railroad members in legislative and regulatory matters.  The firm is pleased to announce that upon joining the association, Mr. Flynn was asked to join the General Counsel Committee, which provides an opportunity for industry lawyers to share information on legal, regulatory and legislative interests as well as  identifying and assisting in the organization of educational events with relevance to the Class II and III industry.  It also provides a collective perspective on policies, proposals, laws and regulations impacting the industry and advises on ASLRRA positions on regulatory and legal issues, and submissions.

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Flynn and Wirkus takes great pleasure in announcing the opening of new offices in Philadelphia.

Our new address is 2 Penn Center Plaza, Suite 312, Philadelphia, PA 19102, tel: (215)568-1440, fax: (877) 299-3962. Our new space is conveniently located in the heart of the City of Brotherly Love – our conference room overlooks City Hall Plaza, and we are connected via concourse to Philadelphia’s rapid transit system. The new office will be instrumental to serving the needs of our existing clients in greater Philadelphia, and we also hope that the space provides the flexibility necessary to attract additional clients in the area.

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A recent issue of the FELA Reporter included an article on Flynn & Wirkus

Premises Liability — Trucker Falls in Icy CSX Parking Lot — Massachusetts Jury Returns Defense Verdict.  The plaintiff arrived at CSX’s Framingham yard at about 7:30 a.m. on January 3, 2003 and began to load his vehicle transport rig with cars. At about 9:00 a.m., he was inspecting a vehicle prior to loading it when he slipped on ice and/or snow in the parking lot, and twisted his back. According to plaintiff, the incident resulted in lumbar strain and a herniated disc at L4-L5 which required laminectomy and discectomy.  (link to article)

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6/26/09 Flynn & Wirkus Celebrate New Partnership

On June 26, 2008, Flynn & Wirkus held a cocktail reception in honor of the new partnership between Mike Flynn and Lori Wirkus. The reception took place at the Granite Links Golf Club in Quincy. The firm’s attorneys and staff, a number of clients and client representatives, family members, friends and several colleagues were in attendance. Attorneys Flynn and Wirkus both addressed the crowd of well-wishers. Attorney Flynn stated that he was “thrilled to welcome Lori (Wirkus) as a partner, having been consistently inspired and motivated by her over the course of the many years that I have known her.” In her comments, Attorney Wirkus described some of the humorous moments that formed the beginnings of her association with the firm, and remarked that “she was looking forward to experiencing the unlimited potential of our firm’s future.”  (link to pictures)

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6/5/09 Attorney Lori A. Wirkus Accepts Partnership

Flynn & Associates, P.C. is pleased to announce that Lori A. Wirkus has accepted partnership in the firm. Attorney Wirkus has been an associate with the firm since 2001. We are also pleased to announce that the name of the firm has been changed to Flynn & Wirkus, P.C. Expect in the coming weeks to see exciting changes to the firm’s logo, website, and letterhead which reflect our new partnership and firm name. The firm would like to congratulate Attorney Wirkus on achieving this milestone.

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3/4/2009 Attorney Seth C. Turner named to DRI's Leader Spotlight.

Seth C. Turner is an associate at Flynn & Associates, P.C. in Quincy, Massachusetts. Mr. Turner is an active member of DRI’s Trucking Law Committee. He has served as the committee editor of the Trucking Law Committee’s recently released DLS publication titled Trucking Policyholder's Duty to Preserve Coverage.  (link to full article)

Flynn & Associates Attorneys Pass Bar Examinations.

Flynn & Associates Congratulates Susan McGivney, Seth Turner, and Heather Simmons on passing the Massachusetts Bar Examination.  The firm also congratulates Heather Simmons on passing her Rhode Island Bar Examination.

6/21/04 The 'Biggest' Defense Wins of the Year.  Railroad Not Liable for Child Trespasser's Injuries.

The shortcut across the railroad tracks was well known and one 15-year-old Raymond Wright had taken several times before.  But when the teenager crossed the tracks on February 27, 1998, he sustained mutiple fractures, internal injuries, a punctured lung, lacerations and a closed head injury after he was tossed approximately 60 feet by a locomotive pulling 96 freight cars.  (link to full article)

9/22/03 Gillespie, et al. v. Emerson Electric Co., et al.  Engineer a Key Witness in Defective Saw Trial Victory.