Stampone O’Brien Dilsheimer Holloway Secures Justice After Hardware Store Loading Zone Leads to Life-Changing Injuries

$1.875 MILLION SETTLEMENT: In June 2022, our client was loading materials outside an Upper Darby hardware store when he was struck and pinned between two vehicles. The collision caused catastrophic injuries to his legs, requiring multiple surgeries and a lengthy recovery. Today, he still relies on assistive devices and a scooter for mobility, and many of the physical limitations he faces are permanent.

After nearly two years of litigation, Stampone O’Brien Dilsheimer Holloway secured a $1.875 million settlement on our client’s behalf, helping provide the financial stability and support he will need moving forward.

But the road to that result was anything but straightforward.

Looking Beyond the Obvious

When attorney Sean McMonagle became involved in the case, the legal landscape initially appeared unfavorable.

Under Pennsylvania law, adjacent property owners are often shielded from liability for incidents occurring on public roadways. The hardware store argued that the collision happened on a public street and, therefore, outside of its responsibility.

Rather than accepting that explanation, McMonagle and the team at Stampone O’Brien Dilsheimer Holloway began digging deeper.

“The defense believed the law was entirely on their side,” McMonagle said. “But when we looked beyond the surface, the facts told a very different story.”

Through site visits, witness interviews, and extensive investigation, the legal team uncovered evidence showing that the hardware store had effectively turned an active traffic lane into a loading zone for customers.

The store had only a handful of parking spaces available. Employees regularly instructed customers to park in the travel lane while loading materials, creating a dangerous situation that had become a routine part of the business’ operations.

“Our investigation revealed this wasn’t an isolated occurrence,” McMonagle explained. “This was how the store conducted business every day. Customers were being directed into a hazardous situation, and that created responsibilities the defendants wanted to ignore.”

Further discovery revealed troubling management practices. The store owner had relocated to Arizona and was attempting to oversee daily operations remotely, communicating with employees primarily through virtual meetings while providing little direct oversight of safety procedures.

The evidence ultimately painted a picture of a foreseeable risk that had been allowed to persist for years.

Fighting for More Than a Settlement

While the legal issues were complex, the human side of the case never left McMonagle’s mind.

Our client had worked hard throughout his life and relied on physically demanding jobs to support himself and his family. Following the collision, many of those opportunities disappeared.

“He didn’t come from wealth,” McMonagle said. “He worked for everything he had. Suddenly, because of someone else’s negligence, he was facing challenges that most people never have to think about.”

Throughout the litigation, McMonagle remained in frequent contact with our client, speaking with him regularly and helping him navigate both the legal process and the uncertainty that came with his injuries.

“At Stampone O’Brien Dilsheimer Holloway, we try to be available whenever our clients need us,” McMonagle said. “When someone suffers catastrophic injuries, you naturally develop a closer relationship. You’re not just handling a file. You’re helping a person figure out what their future looks like.”

As the case progressed, the firm pushed aggressively for accountability. After filing suit in 2024, the litigation continued for nearly two years. Multiple settlement discussions took place, and the defense gradually increased its offers.

But McMonagle believed the case was worth more.

“There were moments where our client just wanted the process to be over,” McMonagle recalled. “That’s understandable. He had been through so much already. But our job is to give honest advice and fight for the best outcome possible.”

A Life Changed Forever

Today, our client continues to face significant physical challenges. Simple activities that many people take for granted remain difficult. Stairs are a daily obstacle. Mobility requires planning. The future looks very different from what it did before the collision.
The settlement cannot undo what happened.

What it can do is provide options.

For McMonagle, that was always the goal.

“When we called our client with the final resolution, he was ecstatic,” McMonagle said. “Not because of the number itself, but because it meant he could finally breathe a little easier. He could start thinking about a home that worked for his needs. He could focus on his family instead of worrying about how he was going to get by.”

That moment remains one of the most rewarding parts of the job.

“For me, the biggest takeaway wasn’t the settlement amount,” McMonagle said. “It was knowing that someone who had endured so much could finally have some security and peace of mind. That’s what matters. That’s why we do this work.”

At Stampone O’Brien Dilsheimer Holloway, every case is about more than legal arguments and courtroom strategy. It’s about helping people rebuild after life-changing events and ensuring they have the resources they need to move forward.
If you or a loved one has suffered serious injuries because of someone else’s negligence, contact Stampone O’Brien Dilsheimer Holloway for a confidential consultation.

Our team is ready to listen, advocate, and fight for the justice you deserve.