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Bardsley, Benedict + Cholden, LLP.
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Nicholas J. Goldwyn

Esquire - Philadelphia

Nicholas “Nick” Goldwyn has extensive experience defending claims involving personal injury, property damage, and construction defects on behalf of clients ranging from small businesses to large building companies as well as contractors, subcontractors, and motorists. He has handled numerous matters related to general negligence; premises, products, and auto liability; defamation; and dram shop law. He is also well versed in Federal Employment Liability (FELA) issues and has toxic tort experience.

 

As an example of his premises liability success, Nick secured a defense verdict in a case where the plaintiff complained of a bilateral knee injury after an alleged trip-and-fall in front of a business. The plaintiff claimed that a dangerous and defective condition on the sidewalk caused her to trip and injure herself, and further aggravate existing osteoarthritis. The jury found Nick’s client neither negligent nor liable for the injury. In another case, Nick successfully defended an electrical contractor against a plaintiff who claimed to have sustained a traumatic brain injury after tripping over a conduit pipe that was housing electric cables providing power to a construction trailer. Despite an initial demand of $6 million by the plaintiff from multiple defendants, the jury returned a defense verdict for Nick’s client, and the plaintiff ultimately received only 4% of his demand.

 

In the area of automobile and negligence liability, Nick obtained a summary judgment on behalf of an insured traffic signal maintenance contractor in the instance of a pedestrian struck by a vehicle while crossing the street. The plaintiff claimed the contractor was negligent for creating a dangerous condition at the intersection and failing to maintain the traffic signals. Nick argued in his motion that his client played no role in the timing and sequencing of the traffic signal and was not given notice of any issues with the signal. All claims were dismissed against the contractor as a result of this motion.

 

Nick has also handled a variety of other cases where faulty construction, property damage, illness-causing mold, and other claims have been made related to a residential property.

 

When not in the courtroom or at the settlement table, Nick can be found mastering the slopes on his snowboard.

Experience:

  • Obtained defense verdict after two days of trial in a case where plaintiff complained of bilateral knee injury after trip and fall in Philadelphia County. The matter involved an alleged trip and fall on the sidewalk in front of a business in Philadelphia. The plaintiff alleged a dangerous and defective condition on the sidewalk caused her to trip and injure herself. She was a 38-year old woman who lived down the block from the alleged incident location, and claimed she sustained aggravation of an existing osteoarthritis condition in her knees that may require future arthroplasty to remedy her pain. The jury of eight returned a defense verdict the defendant-client, finding that he was not negligent or liable for the Plaintiff’s alleged injuries.
  • Obtained a defense verdict after six days of trial in a case where the plaintiff complained of a traumatic brain injury and had an initial demand of $6 million. The matter in Philadelphia County involved an alleged trip and fall on a construction site where the plaintiff alleged he sustained a traumatic brain injury after tripping over a conduit pipe that was housing electric cables providing power to a trailer. The construction project was overseen by two general contractor co-defendants and the client-electrical contractor. The plaintiff was a 50-year old director on the site with a workers’ compensation lien of over $400,000. The plaintiff argued he was not able to return to work and claimed lost future wages in excess of $2 million. The jury returned a defense verdict for the client-electrical contractor, while apportioning 80% liability to the two general contractor co-defendants, and 20% liability to the plaintiff. The verdict award to the plaintiff was 4% of the pre-trial demand.
  • Obtained a summary judgment in Lehigh County Court of Common Pleas (Hon. Jeffrey K. Sprecher) on behalf of an insured traffic signal maintenance contractor. The matter arose from a motor vehicle accident where a pedestrian was struck by a vehicle while crossing the street. The plaintiff claimed the insured contractor was negligent for creating a dangerous condition at the intersection and failing to maintain the traffic signals. The summary judgment motion argued that the traffic signal maintenance contractor played no role in the timing and sequencing of the traffic signal and was not given notice of issues with the signal, including complaints, maintenance calls, and/or service requests prior to the accident. The Court agreed and dismissed all claims and cross-claims against the contractor.

Bar Admissions

  • Pennsylvania
  • New Jersey
  • Eastern District of PA

Education

  • Vassar College, 2002
  • Temple University – Beasley School of Law, 2009