Andrew S. Kessler

Experience Secured summary judgment in a matter involving a temporary staffing agency and one of the temporary employees that it placed with a third party company. He successfully asserted that the application of the Borrowed Servant Doctrine compelled a finding that the third party company should be considered the temporary employees employer Secured summary judgment in favor of out of possession landlords who were brought suit against them following the assault of a tenants guest at a party Obtained defense verdict at jury trial in Philadelphia County on behalf of a local utility involving a claim where an elderly home owner sustained extensive severe burn injuries when her gas oven exploded Obtained defense verdict at jury trial in Lehigh County involving a senior citizen who sustained a broken hip as a result of a fall in a physicians office; successfully demonstrated to the jury the incident could not have occurred as Plaintiff alleged Obtained defense verdict at jury trial involving a failure to diagnose lung cancer case by demonstrating there was no causal relationship between the alleged negligent conduct and Plaintiffs diagnosis with lung cancer Obtained defense verdict at jury trial in matter involving a claim that Plaintiff slipped and fell on an accumulation of water in the pantry of a hospital Secured defense verdict in bench trial in premises liability claim where vendor visiting hospital asserted that defective elevator doors caused crush injury to Plaintiffs fingers Secured dismissal of hospital in wrongful death action on behalf of 27-year-old woman who died two days after outpatient surgery by demonstrating that surgeon who performed the surgical procedures was not ostensible agent of hospital Secured dismissal of hospital in claim where patient asserted he was improperly discharged from hospital by demonstrating that Plaintiffs representation that a Certificate of Merit was not required was erroneous Secured dismissal of hospital and Emergency Department physician from action in which Plaintiff asserted a failure to diagnose and treat a pericardial effusion Secured summary judgment in favor of property owner in a trip and fall action due to Plaintiffs failure to make good faith efforts to serve the complaint prior to the expiration of statute of limitations Secured dismissal of hospital in medical malpractice action alleging use of improperly sized plate for treatment of ulnar fracture Secured dismissal of all claims at trial in medical malpractice action for improper emergency gynecological care by demonstrating that Plaintiffs expert liability witness was not properly qualified under Section 512 of the MCARE Act to render expert opinions against Emergency Department physician (dismissal affirmed by Superior Court) Secured award in favor of Defendant in binding private mediation in a premises liability claim in which Plaintiff asserted he was injured when he tripped and fell over a raised HVAC exhaust vent Secured award in favor of hospital in an action involving a claim that Plaintiff tripped and fell over an allegedly defective sidewalk causing a ruptured Achilles tendon by demonstrating that Plaintiff had committed perjury during his direct examination as to when and where the incident occurred Secured dismissal of hospital in medical malpractice action alleging improper discharge of a patient in the presence of an alleged infection which led to a below the knee amputation WSHB Partner Andy Kessler Argues Before Pennsylvania Supreme Court in Case Involving Parental Waiver of a Childs Right to Jury Trial3.5.25 Jury Returns Defense Verdict for High-Profile Neurosurgeon11.19.24 Another Win for WSHB Philadelphia - Partner Andy Kessler Secures Favorable Award7.22.24 WSHB Achieves Victory for Hospital in Wrongful Death Case9.19.23 Appellate Court Confirms Landlord Not Liable for Visitors Catastrophic Injuries12.6.22 Pennsylvania Carves Out Cause of Action Against Attorneys for Alleged Fraud in Connection with Settlement of Civil Action8.29.22 Nurse Convicted in Criminal Proceedings for Medication Mistake Spawns Concern Among Medical Professionals4.22.22 Smoking & Sandwich Within the Course of Employment for Workers Compensation in Pennsylvania2.2.22 The Economic Loss Doctrine Does Not Bar Claims Under the Unfair Practices and Consumer Protection Law in Pennsylvania5.17.21 Supreme Court Allows Suit Over Website Accessibility10.8.19 Temp Agency Absolved of Liability in Hotly Contested Action9.18.19 WSHBs Philadelphia Partner Secures Summary Judgment in Catastrophic Premises Liability Matter8.7.19 View More ›‹ View Less