Anthony C. Sunseri

Anthony C. Sunseri

A litigator for more than a decade, Anthony C. Sunseri has been representing corporate entities, professionals, and individuals in a variety of matters, with emphasis on health care, products liability, and personal injury in Pennsylvania and West Virginia.

Anthony represents long-term care facilities, hospitals, and medical professionals in medical malpractice claims, and counsels his clients in risk management, contract negotiations, and non-compete agreements. In addition, Anthony has significant experience litigating products liability cases involving allegations of design defects and failure to warn on behalf of manufacturers, distributors, and retailers. He also represents design and construction professionals in professional liability claims.

As a West Virginia practitioner, Anthony has also handled numerous actions known as “deliberate intent claims.” Deliberate intent claims allow an employee to assert a direct claim, in addition to a workers’ compensation claim, against an employer for work-related injuries and fatalities.

Areas of Law

  • General Liability Litigation
  • Health Care Law
  • Products Liability
  • Employment Law

Education

  • Duquesne University School of Law (J.D. 2001)
    • Recipient of the Order of Barrister’s Award
    • Appellate Moot Court Honor Society Board, member
  • University of Pittsburgh (B.S. 1997)
    • Scholar-Athlete All-Academic Team
    • Captain of the Men’s Swim Team
    • Big East Championship Team (Swimming) member

Bar Admissions

  • Pennsylvania
  • West Virginia

Memberships

  • American Bar Association
  • Pennsylvania Bar Association
  • Defense Research Institute
  • Successfully argued matter of first impression on behalf of excavating professionals before the Pennsylvania Superior Court for claims involving approximately 250 plaintiffs regarding the operation of the Economic Loss Doctrine and Pennsylvania’s Storm Water Management Act. The result was the dismissal of all claims asserted against the excavating professionals.
  • Successfully defended corporation providing flagging services in a case in which an employee was fatally struck by a motor vehicle in a construction zone. The employee’s estate filed suit against the flagging service corporation seeking damages. After a two-week trial, the jury awarded a verdict in favor of the flagging services corporation.
  • Successfully removed matter to a binding arbitration forum and argued no liability in a case in which a homeowner alleged that structural damage to his home was caused by the home inspector’s negligence for failing to warn and/or identify issues beneath the foundation.
  • Secured order granting motion to dismiss on behalf of a rehabilitation facility for claims of negligent hiring alleging that the facility failed to conduct a proper background investigation of an employee, a nursing professional. The nursing professional was subsequently criminally accused of assaulting patients at other healthcare facilities. The court held that there was no cause of action against the rehabilitation facility and dismissed all claims.
  • Successfully negotiated repayment of four years worth of wages to a group of health care providers for medical services rendered.
  • Secured order granting motion for summary judgment on behalf of a recreational facility for claims asserted under Section 1983. Guests of the facility alleged race discrimination. The defense successfully argued that no state action was involved in the conduct of the recreational facility.
  • Obtained order granting summary judgment for West Virginia political subdivision dismissing claims for negligence, witness intimidation, violation of West Virginia’s Freedom of Information Act and intentional infliction of emotional distress in a case involving the prosecution of a law enforcement officer.
  • Secured orders for healthcare entities dismissing claims for medical malpractice premised on the expiration of the statute of limitations and under operation of West Virginia’s discovery rule, which serves to toll the statue of limitation.

Community/Civic Involvement

  • Wheeling Human Rights Commission, Commissioner (2016-2019)
    • Appointed by the Mayor of Wheeling, W.V. to this commission which addresses and investigates issues of diversity, discrimination and  human rights.
  • Wheeling YMCA Cardinal Aquatics, Head Coach
    • Leads a competitive U.S. Swimming and YMCA swim team.

304-231-1004
acsunseri@burnswhite.com

The Maxwell Centre
32 20th Street
Wheeling WV 26003

 

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