Mark J. Gesk

mgesk@waymanlaw.com
Biography: Mr. Gesk is a member attorney at Wayman, Irvin & McAuley, LLC. He is a trial lawyer representing professionals, businesses, government agencies and individuals in a multitude of lawsuits since 1977. Examples include representation of owners, architects, engineers, construction managers and contractors on some of the largest construction projects in Pennsylvania: Pittsburgh International Airport; the Pennsylvania State Capital Annex construction and the Parkway Central Reconstruction project; Federal litigation including RICO and civil rights claims; environmental engineers on waste lagoon project litigation. He has also tried to verdict numerous product liability, tractor trailer accidents, and general liability cases.

Mr. Gesk has been named a Pennsylvania Super Lawyer for 2007, 2008, 2009 and 2010 in the area of construction law. He has also been selected for the 2009 and 2010 lists of Best Lawyers in America, Western Pennsylvania region.

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Education: Duquesne University School of Law, Pittsburgh, PA. Juris Doctor Degree, 1977. The Pennsylvania State University, University Park, PA. B.A. 1973.

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Admissions: Admitted to Pennsylvania and Federal Bars in 1977; Admitted to the Pennsylvania Trial and Appellate Courts; Third Circuit Court of Appeals; and United States District Court for the Western and Middle Districts of Pennsylvania.

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Memberships: Member of American Bar Association Tort and Insurance Practice Section; ABA Section of Litigation; ABA Committee on Professional Liability Litigation and ABA Construction Litigation Committee; and Pennsylvania Bar Association Civil Litigation Section, Member of the Construction Committee of the Litigation Section. Member and Council Member of the Allegheny County Bar Association Construction Law Section. Member Federation of Defense and Corporate Counsel (formerly FICC) and Chairman of Construction Law Section. Engineering Society of Western Pennsylvania. St.Thomas More Society of Allegheny County. Member of Academy of Trial Lawyers of Allegheny County.

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Publications: Mr. Gesk has written on numerous architect and engineering professional liability and risk management issues for the AIA, Pennsylvania Bar Institute, and numerous design professional firms in Western Pennsylvania. These publications include: "Insurer's Perspective on Construction Site Injuries," MARK J. GESK and Harry R. Blackburn 1998. "Prudent Course of Action in the Event of Threatened Claims and Litigation: Mitigating the Risks" MARK J. GESK and Ronald B. Deal, Jr, Architect, 1997.

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Presentations: Mr. Gesk has also lectured on numerous design professional issues for a variety of professional organizations and clients. These presentations include: New Construction Documents Seminar AIA A201-1997 and AIA B141-1997, General Conditions of the Contract for Construction for AIA and Construction Specifications Institute, 1988; Risk Management for Design Professionals Seminar Presented by Wayman, Irvin & McAuley and accredited by AIA CES Program, May 5, 1997 and updated May 2000; Speaker at FDCC Construction Section "Problems Presented by the Capping of an Environmental Waste Lagoon," March 2004; Speaker and author of "Design Professional Liability: A Case Study" at CNA/Victor O. Schinnerer and Company, Inc. Avoiding and Surviving Litigation Seminar, June 2004; "Contractual Liability Language for Risk Managers," for Risk and Insurance Management Society, Inc., Pittsburgh, PA, November 14, 2006.

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Representative Cases:

• Amatangelo v. Borough of Donora, 212 F.3d776, 46 Fed.R.Serv.3d 702 (3rd Cir. (Pa.)2002). Representing Gannett Fleming, Inc.
• Duquesne Light Co. v. Woodland Hills School Dist., 700 A.2d 1038 (Pa.Cmwlth.1997). Representing Michael Baker, Jr., Inc.
• Donaldson v. Com. Dept. of Trans, 141 Pa.Cmwlth.474, 596 A.2d 269 (1991). Representing Commonwealth of Pennsylvania, Department of Transportation.
• Beaver Valley Power Co. v. National Engineering, 883 F.2d 1210 (3rd Cir. (Pa.) 1989). Representing Michael Baker, Jr., Inc.
• Little v. MGIC Indem. Corp., 836 F.2d 789 (3rd Cir. (Pa.) 1987). Representing MGIC Indemnity Corporation.
• Cook v. Highland Water and Sewer Authority, 108 Pa.Cmwlth.222, 530 A.2d 499 (1987). Representing Neilan Engineers, Inc. (Declaratory Judgment Action).
• Anjo v. County of Allegheny. Representing Tasso Katselas Architects, Inc. - Airport Construction - Delay Claims.
• Trafalgar House v. County of Allegheny. Representing Tasso Katseles Architects, Inc. - Construction of Jail - Delay Claims.
• Dick Corporation v. Department of General Services, Commonwealth of Pennsylvania. Representing Celli Flynn Architects. (Before Board of Claims).
• Gannett Fleming, Inc. v. Commonwealth of Pennsylvania, PennDot. Representing Gannett Fleming, Inc. Resulted in an award of fees to Gannett Fleming in an amount of over $1,000,000. (Before Board of Claims).
• U.S.Steel Corp. v. Arcadis Geraghty and Miller, Inc. representing environmental engineers in litigation over design/construction issues, arising from environmental litigation.
• Post v. Ingersoll-Rand Company. U.S. District Court of Western Pennsylvania, jury defense verdict.
• Estate of Goldsmith v. Duquesne Light Co., Allegheny County Court of Common Pleas, Motion for Directed Verdict granted in favor of professional engineering clients after five trial days
• Carter v. Katsur Dental & Orthodontics, Allegheny County Court of Common Pleas defense verdict
• Defense verdict in jury trial representing Penn DOT in a cross over accident during reconstruction of Parkway
• Defense Verdict representing a motor carrier in a multiple tractor trailer and passenger car collision after jury trial in Court of Common Pleas of Westmoreland County.

Practice Areas: Oil and Gas / Marcellus Shale , Representation of design professionals and construction managers

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Seminars: 2008 Presenter at Pennsylvania Bar Institute Trial Tactics Seminar "A Few Good Men".