James D. Hilly: Lawyer with Marshall Dennehey Warner Coleman & Goggin, P.C.

James D. Hilly

James D. Hilly is a shareholder with Marshall, Dennehey, Warner, Coleman & Goggin. He concentrates his practice on fleet transportation litigation in the Casualty Department.
Phone(215) 575-2783

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AV® Preeminent

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Practice Areas

  • Trucking and Transportation Litigation
     
    University West Chester University, B.S., cum laude, 1975
     
    Law SchoolVillanova University School of Law, Villanova, Pennsylvania, J.D., 1978 Member, Villanova Law Review, 1978
     
    Admitted1978, Pennsylvania; 1978, U.S. District Court Eastern District of Pennsylvania; 1983, U.S. Court of Appeals 3rd Circuit
     
    Memberships 

    Associations & Memberships

    American Bar Association, Tort and Insurance Practice Section (TIPS), 2005 - Present

    •American Trucking Association, Litigation Center

    •Commercial Transportation Committee, 2005 - Present, Vice Chair, 2005 - Present

    •Philadelphia Bar Association, State Civil Rules Committee

    •Committee on Legislative Liaison

    •President Judges Select Committee on Trial Lists

    •Philadelphia Court of Common Pleas, Judge Pro Tem and Certified Arbitrator

    • Trucking Industry Defense Association

     
    Biography

    Jim is a shareholder in the Philadelphia office of Marshall Dennehey Warner Coleman & Goggin where he concentrates his practice on fleet transportation litigation in the Casualty Department.

    In over three decades of practice, Jim has focused his practice in the representation of self-insureds and insurers in complex tort and coverage litigation involving all types of common carrier and private transportation fleets, including interstate trucking, waste haulers, taxicab, shuttle and bus operators, loading dock matters, rental vehicle fleets, and paratransit and ambulance services. These have frequently involved issues of driver qualification records, hours of service and log violations, and driver supervision and training, as well as off dispatch and independent contractor issues.

    Jim has handled all types of personal injury, cargo, hazardous materials, indemnification, and insurance coverage issues in this area of practice. Jim has handled numerous fatality cases arising out of transportation accidents, including three defense verdicts and several wage earner brain damage cases.

    In addition to accidents involving multiple claims of fatality/injuries, Jim has successfully coordinated policy tender in multiple claimant situations involving disaster type damages and insufficient coverage. He is frequently brought in to supervise the initial accident response in major crashes, coordinate the investigation, handle record and evidence preservation, and oversee expert activity and spoliation prevention issues.

    Jim earned his bachelor of science degree, cum laude, from West Chester State University and his juris doctor from Villanova University where he served on the Law Review. He speaks frequently on transportation law topics for business professionals and was a speaker at the American Bar Association's Transportation Mega Conference II. Jim is the author of a number of articles on transportation law published in Defense Digest.

    Jim was named a Pennsylvania Super Lawyer in 2006 in the area of Transportation.

    Significant Representative Matters

    •Significant experience with numerous catastrophic tractor/trailer accidents including over 50 fatalities, multiple traumatic brain injury cases, paraplegia, quadriplegia cases, and right leg above the knee amputation.

    •Summary judgment for trucking company whose driver caused a double fatality on the highway and was later convicted of vehicular homicide in a collateral case involving traumatic brain injury and total disability sustained by a tow/vehicle removal specialist who was struck in the head and suffered a skull fracture when wreckage he was cutting for removal shifted. The court agreed that neither duty nor foreseeable causation existed.

    •Successfully handled three tractor trailer under-ride cases, one involving death and two involving traumatic brain injuries.

    •Handled coverage tender in multiple injury and multiple vehicle tractor/trailer accidents including the fire entrapment deaths of an engaged couple.

    •Handled a tractor trailer/van collision involving death of a mother, leaving the father a quadriplegic, with significant injuries to four children, caused by an inexperienced CDL driver with permanent lease/trip lease issues.

    •Represented a large distribution company involving alleged negligent retention of an independent contractor in a dedicated fleet situation. The accident resulted in a multiple vehicle collision and an infant burned to death.

    •Defense of trucking company whose truck lost a trailer dolly being towed behind a single 28' pup trailer. The detached dolly caused two deaths and one permanent injury, crushed legs.

    Published Works

    •Third Circuit Review: Evans v. Buchannan 23, Villanova Law Review 782, 1977

    •Forum Non Conveniens Transfer of Venue Forecast: Continued Cloudy, Defense Digest, Vol. 2, No. 6, 1996

    •Serious Injury Under the MVFRL: Serious Disagreement, Defense Digest, Vol. 4, No. 1, 1998

    •Pennsylvania Supreme Court 'States' The Rule On Interstate Shipments, Defense Digest, Vol. 9, No. 1, 2003

    Classes/Seminars Taught

    •Advanced Trial Tactics - National Business Institiute, December 2012

    Trying the Automobile Injury Case in Pennsylvania, National Business Institute, 1998

    •Presenting and Defending Claims Against Transportation Carriers, Transportation MegaConference II, American Bar Association, 1995

    Honors & Awards

    •AV Preeminent by LexisNexis Martindale-Hubbell

    •Pennsylvania Super Lawyer, 2006

    •Claims & Litigation Management Alliance

    Year Joined Organization: 1996

     
    Reported CasesRacz v. R.T. Merryman Trucking , 1995 U.S. Dist. LEXIS 3840 (USDC-EDPA); Hughes v. Hemingway Transport, Inc. , 539 F. Supp. 130 (ED Pa 1982)
     
    ISLN906475148
     


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    Office Information

    James D. Hilly

    2000 Market Street, Suite 2300
    PhiladelphiaPA 19103




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