Brian S. Kane
Brian S. Kane is a Member at the firm practicing in the areas of insurance and commercial litigation, with numerous verdicts in personal injury, property damage, and commercial matters. He is co-chair of the Energy, Products Liability, and Retail and Hospitality practice groups.
Mr. Kane has aggressively and successfully handled a wide variety of insurance and commercial matters, including property and casualty claims, construction, insurance coverage, bad faith, premises liability, automobile liability, toxic tort, uninsured or underinsured motorists, and products liability in trial, arbitration, and mediation proceedings. Mr. Kane has also successfully obtained a reversal of a §1983 Federal District Court case before the Third Circuit Court of Appeals.
Prior to joining Burns White, Mr. Kane was a Founding Partner at Dapper, Baldasare, Benson, Behling & Kane, P.C., until the firms merged in January 2016. He was also a Partner at Pietragallo, Bosick & Gordon.
Mr. Kane is a graduate of the Duquesne University School of Law, where he was a member of the Duquesne Law Review. He received a B.A. in Journalism from the University of Kansas.
Mr. Kane is admitted to practice in Pennsylvania, West Virginia, the Third and Fourth Circuit Federal Courts, and the United States District Courts for Eastern and Western Pennsylvania, and Northern and Southern West Virginia. He is a member and Vice President – West District of the Pennsylvania Defense Institute, and a member of the Federal Bar Association. Mr. Kane also belongs to the American, Pennsylvania, West Virginia, and Allegheny County Bar Associations.
A frequently requested speaker, Mr. Kane has presented on topics related to bad faith, automobile law, and personal injury for the Pennsylvania Bar Institute (PBI). In 2014, he served as a faculty member and course planner for “Fundamentals of Personal Injury,” a continuing legal education seminar presented by PBI. Mr. Kane also spoke about discovery issues when the course was held in Pittsburgh on June 10, 2014.
Areas of Law
- Commercial and General Liability
- Retail and Hospitality
- Insurance Coverage/Bad Faith
- Products Liability
- Transportation and Logistics
- Duquesne University (J.D., 1992)
- University of Kansas (B.A., 1989)
Bar and Court Admissions
- West Virginia
- United States Court of Appeals for the Third Circuit
- United States Court of Appeals for the Fourth Circuit
- United States District Court for the Eastern District of Pennsylvania
- United States District Court for the Western District of Pennsylvania
- United States District Court for the Northern District of West Virginia
- United States District Court for the Southern District of West Virginia
- American Bar Association
- Pennsylvania Bar Association
- West Virginia Bar Association
- Allegheny County Bar Association
- Defense Research Institute
- National Retail and Restaurant Defense Association
- Federal Bar Association
- Pennsylvania Defense Institute
- Executive Board, Vice President–West
- AV® Preeminent™ 5.0 out of 5 peer rated in Martindale-Hubbell
- Selected by his peers for inclusion in Best Lawyers in America® 2016-2023
- Selected by his peers for inclusion in Pennsylvania’s Best Lawyers®
- Glade Run Lutheran Services
- Chairman of the Parent Board of Directors, 2011-present
- Jaguars United Soccer
- Board of Directors, 1998-2010
- “Business Interruption in the time of COVID-19: Coverage | Litigation | Legislation,” Burns White Webinar, April 2020
- Co-Author, “PA Supreme Court Denies Driver’s “Sudden Emergency” Defense for Striking Pedestrian,” Burns White Insights, January 2021
- “COVID-19 and Third Party Liability Claims in the Retail and Hospitality Industry,” Burns White Insights, May 2020
- “Post-Tincher Products Liability: Where Things Stand,” The Voice, Defense Research Institute, November 6, 2019
- “Parking Lots and Walkways,” Burns White Retail and Hospitality Newsletter, Summer 2018
- Served as co-counsel for a client who obtained a defense verdict in a rear-end collision on I-95 north of Philadelphia. The client asserted that he was cut-off by plaintiff while traveling north on I-95 toward the Academy Road exit. Plaintiff denied cutting off the client and claimed the client was driving at an excessive rate of speed and forcefully impacted the rear of plaintiff’s truck. Plaintiff suffered neck and back injuries and was claiming more than $800,000 in future medical costs and expenses. After a 2-day trial, the jury returned a verdict finding the plaintiff 51% at fault for the accident.
- Successfully defended large convenience store/gasoline station on negligence claims related to store security obtaining summary judgment which was upheld by Superior Court
- Obtained jury verdict in favor of large regional hotel chain on dram shop case involving alleged service to an intoxicated patron
- Obtained jury verdict in favor of large regional mall owner on slip-and-fall claim in a common area based on lack of notice
- Obtained summary judgment for large regional mall owner on claims related to assault of a patron in parking lot which was affirmed by the Superior Court
- Successfully defended local municipality in a claim by protester seeking damages for alleged mistreatment by law enforcement officials that was affirmed by the Third Circuit
- Successfully defended manufacturer of component parts of a wheeled caster used in a production line under Pennsylvania products liability law, ultimately obtaining defense and indemnity from entity that assembled the production line
- Successfully defended manufacturer of a nationally recognized furnace unit in a multi-million dollar fire loss claim obtaining voluntary dismissal of claims in advance of trial
- Successfully obtained summary judgment for homeowner sued for incident involving a swimming pool accident
- Successfully represented a national sporting goods company in a variety of premises liability and products liability claims at state and federal court level
- Successfully represented a larger regional mall owner in a variety of premises liability claims including slip and falls, large loss property claims, security claims and disputes with tenants
- Successfully represented a large regional hotel operator in a variety of premises liability claims including dram shop, security and slip and fall claims. Successfully defended several pool related claims
- Successfully represented nationally recognized insurers in automobile claims including third-party defense and representation of the carriers in first party underinsured and uninsured claim