Jan 10, 2025
WEST CHESTER — A lawsuit involving Chester County’s television reality star and celebrated provocateur Brandon “Bam” Margera has been put on hold after the judge presiding over the case withdrew, following a request from Bam’s attorneys that he step aside. Common Pleas Judge Anthony T. Verwey recused himself on Wednesday, two days after the case was scheduled to go to a trial in front of a jury. A Chester County man claims he was severely injured at Margera’s “Castle Bam” property while drunkenly riding a motor bike and attempting to perform stunts like those seen on the former skateboarder’s “Jackass” and “Viva La Bam” shows. Chester County Common Pleas Judge Anthony T. Verwey. (MediaNews Group File Photo) Verwey was responding to the demands of Margera’s legal team that he step aside because he had been involved in litigation against Margera over his use of the same property in Pocopson several years ago. Verwey, who has served on the county bench since 2022 and who handles civil court matters, said he was withdrawing from the case out of an abundance of caution that his continued involvement might cause the public to view the matter with skepticism. “Although the court does not wish to reward the way in which defense counsel practice law, the court must adhere to a higher standard,” Verwey wrote in his eight-page order. “In providing its analysis in this matter, the court has addressed what it views as defense counsel’s lack of professionalism, candor, preparation, etc.” Contacted Friday, attorney Eugene Malady of Media, the lead attorney in the case on Margera’s behalf and who represented him in the earlier zoning matters, declined to comment. He is one of four attorneys representing Margera. Brandon “Bam” Margera arrives at the Chester County Justice Center on Thursday, July 27, 2023, for a preliminary hearing on an assault charge. (Michael P. Rellahan/Daily Local News) The case had yet to be reassigned to one of the other judges in the county as of FrIday. Verwey said in his decision that he hoped the newly assigned judge would schedule the matter for trial “as expeditiously as possible.” The lawsuit, which was filed in 2021 by attorney H. Fintan McHugh of the law firm of Petrikin, Wellman, Damico, Brown and Petrosa of Media, involves the injuries that plaintiff Matthew Sharpler of West Whiteland suffered while he was performing stunts during one of the “wild incidents” that occurred at the Hickory Hill property near the Chester County Prison on June 23, 2019. While riding a motorcycle in the driveway of the house — which was featured not only on Margera’s television shows but also on YouTube and other social media sites — he apparently hit a bottle of some kind and crashed. His injuries, according to the lawsuit, were life-threatening. He suffered brain bleeding, a traumatic brain injury, lacerations, fractures and injuries to his leg and foot. He had to be transported to the Penn Presbyterian Medical Center in Philadelphia by helicopter and requires care to this day. The lawsuit contends that Margera set the stage for the injuries that Sharpler suffered, even though he was not present at the property when the crash occurred. “He … has allowed many guests to stay there, party there, and perform recreational sports and stunts there,” McHugh said in his amended complaint. “While under Margera’s control, the Castle Bam property was transformed from a farmhouse property into a venue for parties, fundraisers, concerts, recreational spots and stunts that feed into Margera’s career and public image.” The suit contends that Margera would provide alcohol and drugs, including cocaine, to those who visited his property, all the while suggesting that they perform stunts like the ones that made him famous. He would have the stunts filmed, and then use them for his own purposes, which McHugh said provided him with income. “Reckless activities and injuries involving intoxicated guests were the norm at Castle Bam, and Bam became a multi-millionaire by showing videos and telling stories of these wild incidents, even when—or especially when—they resulted in severe injuries,” McHugh said in a court filing last year. “Bam made a career out of promoting reckless stunts at Castle Bam. Bam and the other witnesses agreed that his guests were often drunk and/or on drugs when they performed stunts, and Bam promoted this party atmosphere and risk-taking environment as his distinctive brand. “ That, the attorney said, was the case for what happened the day of Sharpler’s crash. Margera, “actively encouraged everything that led to the accident. Bam was well aware that (Sharpler) and others would be drinking, doing drugs and performing stunts throughout the day, and he wanted them to do so because he would profit off the video content and “Jackass” fame. “Bam now claims that he can have no responsibility because he had finished partying at Castle Bam when the accident occurred, but the facts confirm that he was the driving force behind the drinking, drugs, stunts and injuries at Castle Bam,” he wrote. “It is frankly hard to imagine another environment where the risks would be more expected than at Castle Bam in the summer of 2019,” McHugh said. “The facts speak for themselves, as there were three serious head injuries in a three-day span.” Margera’s attorneys deny that the star has any responsibility for Sharpler’s actions or injuries, because he was not present when the crash occurred and because Sharpler voluntarily became intoxicated and began trying to do stunts on his motorbike. The jury in the case would have been asked if Margera was negligent in his behavior at the Castle Bam property, and whether he had responsibilities for providing his guests with intoxicants, just like a bar owner would for over serving an intoxicated person who then injures himself or others. They had asked that Verwey dismiss the case, but he declined. In his order, Verwey noted that the lawsuit had been making its way through the system over the years and that discovery and depositions had been conducted. He let them know that it would be deemed ready for trial on Dec. 28. On Jan. 3, the parties were advised that the trial would begin on Monday, Jan. 6. (The county Justice Center was ultimately closed that day for inclement weather.) It was not until Verwey said he would not continue the trial so that one of the attorneys — Andre J. Webb of the firm of German, Gallagher and Murtagh of Philadelphia — could attend a friend’s wedding in Atlanta, Ga., on Jan. 6 and thus would be unavailable — that the attorneys told him they would be seeking his recusal. The reason they stated was that because Verwey had been the attorney for Pocopson in the township’s zoning case against Margera for his activities at Castle Bam, his impartiality could rightly be questioned in Sharpler’s lawsuit — even though Verwey had ruled against Sharpler in one of the motions in the case, dismissing one of the counts against Margera. Verwey, in his recusal order, bristled at the team’s request. He pointed first to the assertion that the defense team only learned of his involvement in the Pocopson case in the week prior to trial. Malady, who had been in the case since June 2022, was Margera’s attorney in the zoning case and thus should have known of Verwey’s involvement. “In the nearly two years that have elapsed (since the case was assigned to Verwey) and despite counsel’s knowledge, no objection to the court’s presiding over the jury trial in this matter was raised until defense counsel were called to trial.” Margera, the judge said, “claims the court was biased against him by compelling him to go to trial after notice, being included on the trial listing, and not reward counsels’ lack of diligence. This claim is baseless and provides no rationale for recusal or disqualification.” Nevertheless, Verwey said in his decision to withdraw that his further involvement might raise a question in the public eye that he was not being impartial should Margera lose.  “It is the court’s obligation to protect public confidence in the administration of justice and the judiciary.” To contact staff writer Michael P. Rellahan call 610-696-1544.
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