It’s not magic that makes Mark LeWinter so successful representing victims of unsafe product and workplace accidents over the past thirty years, as well as being selected to the Super Lawyers list for the past ten years. It’s his deep desire and ability to help clients who are injured. In fact, he’s been behind many seven- and eight-figure verdicts and settlements against manufacturers of unsafe products where safe design principles were not followed, and where workplace accidents occurred. For instance, Mr. LeWinter is responsible for securing a $14 million verdict for a worker who was catastrophically injured on the job when required safety practices were not followed, a $12.5 million settlement for a U.S. tourist who was rendered quadriplegic at a Jamaican resort, and an $8.5 million settlement for a laborer who was paralyzed due to unsafe scaffolding. He is credited also with a $19 million settlement for a 27-year-old ironworker who became quadriplegic due to a fall.
But magic has its place for Mr. LeWinter. An accomplished magician, he has volunteered at St. Christopher’s Hospital and other Delaware Valley hospitals for almost three decades. Also a skilled musician, he has been a volunteer performer with WXPN/Musicians on Call for the past six years bringing the healing power of music to the bedside of patients in hospitals around the Philadelphia area.
For over 30 years Mr. LeWinter has lectured at more than 100 seminars on a wide range of advocacy topics including product liability, creative use of demonstrative evidence, technology, trial tactics, and case strategy for the Pennsylvania Bar Institute, Philadelphia Trial Lawyers Association, Pennsylvania Association for Justice, and the American Association for Justice. He currently serves on the National Board of the American Board of Trial Advocates. Mr. LeWinter was recently selected by his peers for inclusion in Best Lawyers of America© for the fifth straight year. He has been selected to the Super Lawyers list for the past 15 years, and has received the highest rating in skill and ethics from Martindale-Hubble.
Dying for a Paycheck: Body Count Rises as Workers Fall
Alarming increase in Hispanic worker deaths
Reprinted from New Jersey Law Journal | November 2008
Manufacturers of workplace producs often hide behind weak U.S. safety standards to avoid liability for injuries. More stringent international safety standards can show what the manufacturer should have done to prevent your client’s injury.
Making Magic in the Courtroom: Pulling Presentation Skills Out of a Hat
Can trial lawyers learn how to better connect with jurors by taking a few magic lessons?
Reprinted from the Legal Intelligencer | June 2008
A trial lawyer for more than 25 years, I am also an amateur magician, a student of close-up magic. My experience in both has convinced me that while the magician and lawyer have different audiences, forms and goals, the presentation skill set and dynamics are remarkably similar. The purpose of this article is not to transform lawyers into magicians but to show them that they can learn much from the masters of magic, their performance skills and presentation excellence.
Six Feet Over or Six Feet Under
OSHA ‘double standard’ permits ironworkers to work unprotected at heights up to 30 feet while others work safe above six feet.
Reprinted from the New Jersey Law Journal | November 2003
The National Safety Council accident statistics establish that falling from a height of 11 feet creates a likelihood of being killed. Jay Hawthorne wasn’t killed. He suffers, however, what is arguably a fate worse than death.
$ 14,000,000 Verdict in Delaware Construction Accident
A 26-year old roofer suffered a debilitating spinal cord injury when he fell when working on a rooftop.
The contractor responsible for the job site failed to require compliance with OSHA safety regulations which required personal fall arrest protection. The superintendent was aware that the roofers could work faster without fall protection and knew that the contractor had a financial incentive to timely complete the project. Sadly, profit incentives were prioritized over workplace safety. Mark J. LeWinter role as lead trial counsel for Mr. Urea was featured as a Spotlight case in the ATLA Law Reporter. Read More
$ 19,000,000 Settlement for Paralyzed Iron Worker
Jay Hawthorne, a 27 year old ironworker was rendered a quadriplegic when he fell 14 feet while attempting to install metal decking on a rooftop.
The construction management company responsible for the worksite had experienced a similar accident 4 years earlier and ignored the advice of its own independent safety consultant that stricter fall protection was needed if future accidents were to be prevented. It was learned that the same consultant warned the management company of safety problems and needed changes just 30 days before Jay was catastrophically injured but not action was taken. Mark J. LeWinter role as lead trial counsel for Mr. Hawthorne was featured as a Spotlight Case in the ATLA Law Reporter. Read More
Landmark Settlement with Gun Dealer for Fatal Shooting of 7 Year Old in Gun Play Incident
Nafis Jefferson was fatally shot by another child in a gun play accident who found a gun under a parked car in South Philadelphia.
The gun was traced to as gun dealer who had sold the handgun in a straw purchase under circumstances where the Dealer had “turned a blind eye” and had sold the gun which was then re-sold illegally. Mr. LeWinter co-counseled this case with Brady Center to Prevent Gun Violence. Click here to read more about this case.
$ 5,000,000 Verdict for Family of Man Killed in Elevator Shaft Fall
A 34 year old worker at a Chinese Food warehouse tragically fell to his death when he entered an elevator without realizing that the elevator car was not there.
The elevator service company responsible for servicing the elevator had been declared unsafe by the Department of Labor and Industry but discovery revealed that the service company illegally unsealed it and put the elevator back in service. Mr. LeWinter was lead trial counsel for the family of Jin Mian Jin . Click here to read more about this case.
$ 3,750,000 Settlement with Furniture Manufacturer for Lack of Flame Retardants
A mother and her three children perished in a house fire which had been caused by initially by a defective baseboard heater and within minutes had begun to consume the entire house.
Investigation led to the discovery that the rapidly spreading fire was due in large part to the lack of flame retardants in the living room sofa. The sofa was the first item ignited and evidence revealed that had the polyurethane foam stuffing been treated with flame retardants at a nominal cost the tragic loss of life could have been prevented. The manufacturer of the heater settled for confidential amount. Mark J LeWinter served as lead counsel. Click here to read more about this case.