Flynn Associates, P.C. Attorneys at Law

FLYNN WIRKUS YOUNG is a sophisticated firm of trial attorneys dedicated to the successful practice of civil litigation through the aggressive and thorough representation of our clients. Our firm has extensive experience working with and representing insurers, railroads, as well as other businesses in heavily regulated industries. Our attorneys are not only seasoned litigators, but are also experienced in arbitration and mediation, and our firm offers arbitration services.

Since its inception in 1998, FLYNN WIRKUS YOUNG has established and expanded its versatile and diverse practice across the nation. We have experience in state and federal courts throughout the United States, having represented clients throughout all of the New England states, as well as in Arkansas, Illinois, Iowa, Kentucky, New Jersey, New York and Pennsylvania. Additionally, our firm is actively involved in the National Association of Railroad Trial Counsel and the American Short Line and Regional Railroad Association.

The representation we provide for our railroad and transportation industry clients focuses on the defense of FELA and other personal injury claims, which include occupational injuries and exposures, trespasser accidents, injuries arising from intermodal operations, grade crossing accident litigation, and construction site accidents. The firm also represents various clients in commercial litigation matters involving property damage, intermodal matters, lease matters, indemnification and contractual disputes.

Our lawyers have extensive trial and litigation experience. We have collectively tried dozens of cases to verdict. We have also taken thousands of depositions and argued hundreds of dispositive motions. Our firm has significant experience advising and representing entities (primarily Fortune 500 companies, insurance companies and their insureds) in the defense of tort claims. Many of our cases involve complicated factual scenarios, as well as the analysis, interpretation and application of various contractual, statutory and regulatory requirements. We are also experienced in analyzing complex legal issues, advising our clients as to the effects of various common law principles and developing strategies to deal with both favorable and unfavorable legal precedents. Much of our practice involves dealing with equipment and the issues pertaining to the design and performance of products and the defense of corporations in a wide variety of factual and legal contexts.

If you have a question concerning any of our areas of expertise, if you are seeking legal advice or are in need of legal representation, please contact the firm directly by telephone at (617) 773-5500. You may also reach us via facsimile at (617) 773-5510 or (877) 299-3962. Our highly trained and congenial staff of legal professionals is prepared to answer your questions and take care of your needs.

Newsworthy Events

3/6/12 FWY Prevails at Summary Judgment. The railroad established that the plaintiff failed to advance any theory of negligence and his own failure to maintain three points of contact while climbing on the rail car was the cause of his injuries where the plaintiff, a 61 year-old carman brought claims for injuries to both knees and his left ankle when he fell from a railroad car under the FELA. Read More
3/12/12 FWY Obtains Summary Judgment in Property Damage Case. Based on F&W’s arguments, the court granted summary judgment on behalf of the Defendant Railroad where Plaintiff alleged negligence and and wrongful diversion of storm water onto mall property, as well as trespass.
The Easter District of Pennsylvania court held that Plaintiff's claims were preempted by the Federal Railroad Safety Act and the Interstate Commerce Commission Termination Act. Plaintiff subsequently dropped all trespass claims. Read More
3/20/12 FWY Team Secures Eighth Dismissal in Four Months. Plaintiff, a former railroad employee and resident of Kentucky, filed his Complaint in the Philadelphia Court of Common Pleas. He alleged that during his employment with the railroad he had been exposed to asbestos particles, resulting in lung cancer. Members of the FWY team were able to secure dismissal on forun non conveniens grounds. Read More
2/22/12 Heather Gamache secures FWY’s fifth consecutive defense verdict. During trial in the Philadelphia Court of Common Pleas, Ms. Gamache was able to elicit testimony that Plaintiff violated several safety rules, causing his accident to occur.
The Plaintiff, a veteran railroad employee with twenty-four years of experience as a trackman, fractured the tip of his right pinky finger while using a claw bar to lift up the end of a railroad tie. Read More
1/3/12 FWY Gets Complaint Dismissed Under 12(b)(6). Based on F&W’s arguments, the court held the Defendant railroad did not have a duty to warn Plaintiff of dangers in the yard, and further, that Plaintiff failed to state a claim for which relief could be granted because he did not allege sufficient facts to show liability.
Plaintiff, a 48 year-old man at the time of the incident, was trespassing through a West Springfield rail yard when his foot was allegedly crushed by a switching mechanism Read More
10/14/11 Facing $3.8 Million Demand, FWY Team Posts Another Defense Verdict. On October 14, 2011, an Erie County (NY) jury spent about an hour deliberating before returning a defense verdict for a FWY client, a short-line railroad, in a grade crossing case which took more than two weeks to try. The case was brought by a union electrician who on December 7, 2006, upon leaving his worksite at the Steel Winds windmill project, collided with a locomotive at a private crossing inside the former Bethlehem Steel plant in Hamburg, NY. Read More
6/22/11 Michael Flynn and John Young secure Flynn & Wirkus's fourth consecutive FELA defense verdict. In Worcester Superior Court, Mike Flynn and John Young secured the fourth consecutive FELA defense verdict for FWY's clients. Plaintiff, an employee of a regional railroad with a history of significant pre-existing degenerative conditions in his shoulder and knee, alleged two separate workplace injuries resulting from two different incidences. Read More