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- I call insurance company rules!
- Conveyor's designer pays $1.4M to man whose arm was snared
- Emergency Unemployment Compensation
- I'm in the news....
- When does ATV riding become illegal?
- Insured Not Allowed UM/UIM Benefits for Accidents Caused By Co-employee
- New Pennsylvania Federal Court Section 1734 Sign Down Case Nullifies Alleged Sign down Of UIM Coverage
- New case law on signing releases in complex cases
- The importance of wearing your helmet while riding an ATV
- Federal Verdict Against GM in Rollover Lawsuit
Legal News
Workers compensation claim filed against Sayre Borough
Athens attorney Maureen T. Beirne nominated by governor for county judgeship
Press Release: Carrie Carroll Awarded Honor
CraftMaster offering buyouts to its salaried employees in Towanda, Pa
Bradford County launches victim notification system
Bradford County Court House In The News
CNN: What To Do After A Car Accident
Windham Township: Department 28 to dissolve
OSRAM Sylvania fined $6,273 by DEP
OSRAM's Towanda plant sold to Austrian company
Legal Library
Personal Injury
- Catastrophic Injuries: Paralysis, Amputation, Burns
- New York's Client's "Bill of Rights"
- Ten tips to maximize your recovery - Part II
- Ten tips to maximize your recovery ' Part IV
- Ten Tips to Maximize Your Recovery Part III
Premises Liability: The Slip and Fall
- Slip and Fall Case Makes it to Supreme Court
- Supermarkets Especially Prone to Slip and Fall Injuries
- Slip and Fall Cases in Pennsylvania and New York
- Premises Liability: Legal Definitions for your Premises LawSuit
Workers' Compensation
- Do you really have to see the company doctor? Exploding the Myth of the 90 Day Rule
- Flow of a Pennsylvania Workers' Compensation Claim
- Flow of Pennsylvania Workers' Compensation Claim Documents Prior To Litigation
- Construction Site Accidents and Injuries
- Reimbursement for Travel Expenes in Pennsylvania Workers' Compensation Cases
Vehicle and Automobile Accidents
- Ways To Protect Yourself After A Car Accident - And One Thing To Do Before An Accident
- Automobile Accidents and Traumatic Brain Injury
- Insurance Tip: Why Uninsured Motorist Coverage Is A Good Idea
- Drinking Too Much: Are You the Victim of a Pennsylvania Drunk Driver Accidents
- Discover How Insurance Companies Hammer a Stake Through the Heart of Your Accident Case
Newsletters
General
Carroll & Carroll, P.C. Blog
I call insurance company rules!
This is why you need a lawyer....insurance companies get to change the rules all the time.Conveyor's designer pays $1.4M to man whose arm was snared
A conveyor system's designer agreed to pay $1.4 million to a man who sustained severe injuries of an arm that became caught in the system's moving belt. The case was filed in New York.Read More about "Conveyor's designer pays $1.4M to man whose arm was snared"
Emergency Unemployment Compensation
I just posted over at the Work Injury Law blog about the recent enactment of the Emergency Unemployment Compensation law. See the details here to see if you're eligible.I'm in the news....
See the article here about one of our workers' compensation clients.When does ATV riding become illegal?
I often blog about AVT (All Terrain Vehicle) accidents and law suits; therefore, I thought this editorial from The Daily Review is very good.Insured Not Allowed UM/UIM Benefits for Accidents Caused By Co-employee
On July 15, 2008 the District Court for the Western District of Pennsylvania (Lancaster, J.) held in Shaw v. State Farm Insurance Company that an insured is not allowed to recover UM/UIM benefits under his insurance policy with State Farm for injuries sustained during the course and scope of his employment due to the negligence of a co-worker. Shaw was injured in a work related accident when the garbage truck he was riding in was negligently driven by a co-worker. He sought and received workers compensation benefits and did not sue his employer or co-worker due to immunity under the Workers Compensation Act. He then sought UM/UIM benefits from State Farm which denied the claim by arguing that the benefits were not "legally entitled" and thus Shaw could not recover.Read More about "Insured Not Allowed UM/UIM Benefits for Accidents Caused By Co-employee"
New Pennsylvania Federal Court Section 1734 Sign Down Case Nullifies Alleged Sign down Of UIM Coverage
On July 10, 2008, the District Court for the Middle District of Pennsylvania (Judge Vanaskie) granted the insureds motion for summary judgment and set aside an alleged sign down of underinsured motorist coverage in The Brethren Mutual Ins. Co. v. Triboski-Gray. The insurance company argued that a sign down from $250,000 in bodily injury (BI) coverage to $35,000 in underinsured motorist (UIM) coverage was valid because the insured signed the bottom of a 2 page application for coverage. Relying upon the Pennsylvania Supreme Court decision in Lewis v. Erie, 793 A.2d 143 (Pa. 2002) and Pennsylvania Superior Court decision in Motorists v. Emig, 664 A.2d 559 (Pa. Super. 1995), the Court holds that the insureds "signature on an application completed by the insurance company's agent does not constitute a written request for UM/UIM coverage limits below the coverage requested for bodily injury."New case law on signing releases in complex cases
On July 7, in Ford Motor Company v. Buseman, the Superior Court reversed a trial court order denying a Motion for Summary Judgment in a products liability case resulting from a tragic car accident in which a Ford Explorer rolled over.Read More about "New case law on signing releases in complex cases"
The importance of wearing your helmet while riding an ATV
I know I've blogged about this before, but riders of motorcycles and ATV's (All Terrain Vehicles) should always, always, always wear a helmet. I know in Pennsylvania the law says that it's not necessary, but some riders who are involved in accidents pay the ultimate price.Read More about "The importance of wearing your helmet while riding an ATV"
Federal Verdict Against GM in Rollover Lawsuit
A jury found General Motors negligent in a rollover crash that killed a 14-year-old boy, awarding what may be a record amount to the parents who brought a lawsuit in federal court against the auto maker. The trial lasted two weeks.Read More about "Federal Verdict Against GM in Rollover Lawsuit"
Skiier Injured Exiting Chairlift Did Not Assume Risk
From JudicialView.com:Read More about "Skiier Injured Exiting Chairlift Did Not Assume Risk"
Former pro football player gets $1.1M for fall in store
Read More about "Former pro football player gets $1.1M for fall in store"
Woman awarded $345k for injuries in rear-end automobile accident
Read More about "Woman awarded $345k for injuries in rear-end automobile accident"
Tech devices leave trail of evidence in trucking litigation
Trucking companies are using a variety of hi-tech devices that are changing the face of trucking litigation.Read More about "Tech devices leave trail of evidence in trucking litigation"
Anti-Union Sentiment in Religious Institutions
Here is an editorial in the Towanda Daily Review regariding Anti-Union sentiment in religious institutions. It's written by Michael A. Milz, President of Scranton Diocese Association of Catholic Teachers (SDACT). It's a good read and hits the point directly.Read More about "Anti-Union Sentiment in Religious Institutions"
Top Pa. judge: Counties to get longer jury lists
From The Associated Press:Read More about "Top Pa. judge: Counties to get longer jury lists"
Three more salmonella cases confirmed in N.J.
From Philly.com:Read More about "Three more salmonella cases confirmed in N.J."
Toymakers Frustrated by Patchwork of Safety Rules
From The WashingtonPost.com:Read More about "Toymakers Frustrated by Patchwork of Safety Rules"
Retailer Sues UL for Certifying Defective Heaters
Platt Electrical Supply, Inc. sold electric in-wall heaters manufactured by Cadet Manufacturing Company. The heaters were tested and certified by Underwriters Laboratories (“UL”), a non-profit corporation that formulates safety standards for consumer products. In 1998, the Consumer Product Safety Commission noticed problems with the heaters, and then initiated a safety recall in 1999.Read More about "Retailer Sues UL for Certifying Defective Heaters"
Teen injured in near-fatal crash gets $14.8M
A teenager who was seriously injured in a car crash was awarded $14.8 million, and his mother, who was driving the car, recovered $270,000 on her bystander emotional distress claim. In 2005, Kyle Tilton, then 14, was in the passenger seat of a car driven by his mother, Charlotte Tilton, on State Route 62 in Yucca Valley. As she made a left turn, the car was broadsided on Kyle's side by a Southern California Gas Co. truck. Kyle suffered life-threatening injuries, including a collapsed lung and lacerations to his scalp, spleen and liver. He also suffered a head injury, which caused cognitive impairments. Southern California Gas Co. admitted liability, but contended that Kyle had made a good recovery.Read More about "Teen injured in near-fatal crash gets $14.8M"
Athens attorney Maureen T. Beirne nominated by governor for county judgeship
Congrats to Maureen. She'll make a great Judge!Read More about "Athens attorney Maureen T. Beirne nominated by governor for county judgeship"
Family of resident who died from sepsis awarded $2M
A jury returned a $2 million verdict for the death of a 104-year-old nursing home resident caused by decubitis ulcers. Mary Adams died after eight weeks at Villa Valencia Healthcare Center, a skilled nursing facility in Laguna Hills. She was in the facility for physical therapy following hospitalization for a broken arm. While at Villa Villencia, she developed Stage IV decubitus ulcers on both heels. Her family sued the owner of the nursing home, claiming Adams was neglected there. They sought between $1 million and $5 million in damages. The jury's award included $1 million in punitive damages. According to defense counsel, the award will be reduced to $1.25 million per MICRA.Read More about "Family of resident who died from sepsis awarded $2M"
School liable for teen's car crash after going to drinking party
A man who was rendered a quadriplegic as a teenager in a high-speed crash involving alcohol recovered nearly $13 million. Gabriel Maynoldi was 17 in 2001 when he and another teen crashed into a tree after leaving a high school party where they had been drinking. His family sued Archbishop Coleman F. Carroll High School and the Archdiocese of Miami because the principal and dance coach were at the party and were well aware of the students getting drunk in front of them. The principal and administrative officials also announced the party over the school public address system and allowed students to hand out flyers, with depictions of liquor bottles, that advertised the party. The jury awarded $55.8 million, but it was reduced because of comparative negligence finds against Maynoldi, his parents and non-party defendants. The school and Archdiocese were found 25 percent liable.Read More about "School liable for teen's car crash after going to drinking party"
Health "Insurance Jive": Do you speak insurance?
This YouTube video is funny....and sad...all at the same time.Read More about "Health "Insurance Jive": Do you speak insurance?"
U.S. Supreme Court deals with ERISA disability determinations
From The New York Times:Read More about "U.S. Supreme Court deals with ERISA disability determinations"
Tomatoes linked to Pa. salmonella
From Philly.com:NURSING HOMES AND MANDATORY ARBITRATION
From Philly.com:Tractor-trailer rear-ender results in punitive damages award
A driver was awarded $275,000 for several disc injuries he sustained when his coupe was rear-ened by a tractor-trailer. Thomas J. Ferranti sued Willie Lee Rowell Jr., who was driving for Martin Trucking. He claimed Rowell failed to keep a proper lookout. Ferranti sustained herniations in his neck and back. The jury found that Rowell showed reckless indifference to the interest of others. Of the award, $100,000 was for punitive damages against Rowell. Martin Trucking was not found vicariously liable for punitive damages. Ferranti v. Martin Trucking, LLCRead More about "Tractor-trailer rear-ender results in punitive damages award"
Hotel guest injured when chair broke awarded $550,000
A jury awarded $550,000 to a man who injured his back and shoulder when he fell from a broken chair at a motel. John Karetas, a conductor with Norfolk Southern Inc., was staying at the McIntosh Inn in Allentown when the back of his chair broke, causing him to twist his back and fall on his shoulder. He sued the inn and his employer because he had taken a freight train from Harrisburg to Allentown, which required him to stay in the motel overnight. His lawyer argued that the back portion of the chair wasn't properly attached to the base. The jury found tMcIntosh Inn 70 percent liable and Norfolk Southern 30 liable. Karetas v. Norfolk Southern Corp.Read More about "Hotel guest injured when chair broke awarded $550,000"
New Case Law on stacking of underinsurance by employees in company owned vehicles
In State Auto Property & Casualty insurance Co. v. Pro Design, P.C. today the District Court for the Middle District of Pennsylvania (Munley, J.) held that a corporation can avail itself of stacked underinsured motorist benefits even if it waived stacking on a single vehicle policy where it subsequently added two vehicles to the policy and never signed a new waiver of stacking for those additional vehicles.Read More about "New Case Law on stacking of underinsurance by employees in company owned vehicles"
Motorcycle head injuries up sharply since Pa. changed law
From Philly.com:Read More about "Motorcycle head injuries up sharply since Pa. changed law"
Pennsylvania Workers' Compensation Judge Book
Just added this link to the Resource section of the website. It's very useful for both attorneys who handle Pennsylvania Workers' Compensation cases as well as injured employees who want to learn more about what happens at workers' compensation hearings.Read More about "Pennsylvania Workers' Compensation Judge Book"
It pays for defendants to settle quickly and easily
A study of court settlements of personal injury lawsuits against businesses estimated companies could save an average of $114,000 per claim, or $670,000 for severe injuries, by promptly settling cases instead of fighting them in court.Read More about "It pays for defendants to settle quickly and easily"
Concierge gets $3.78M for fall at hotel
A jury awarded $3.78 million to a woman who severely aggravated a back injury when she fell down a staircase at the Loews Miami Beach Hotel. Greimar Ruiz, who was a concierge at the hotel, claimed that her fall in 2004 aggravated a four-year-old lumbar fusion surgery. As a result, Ruiz is on morphine daily and she can no longer engage in activities such as basketball, waterskiing, jogging and in-line skating. The staircase lacked a handrail. The hotel conceded liability, but argued her fall wasn't related to her present condition. Of the award, she received $900,000 for future pain and suffering.Family awarded $5.1 for man killed by drunk driver at work site
A jury awarded $5.1 million to the family of a man who was struck and killed by a drunk driver while working at a road construction site. Donald Lee Fincher Jr. hit Frank Claborn as he was providing security for a construction company that was renovating the West Sam Houston Toll Road. His counsel argued that Fincher was nearly three times over the legal blood-alcohol limit. The family claimed that Claborn was conscious and in pain for about an hour before he died. Fincher stipulated to liability. He offered a consent judgment, but Claborn's wife wouldn't make a counter offer and wouldn't consider a settlement without a trial.Read More about "Family awarded $5.1 for man killed by drunk driver at work site"
Interactive Guide to Your Body
Here is an interesting Interactive Guide to Your Body from the New York times.New Federal case law on what is required in rejecting UIM insurance coverage
Read More about "New Federal case law on what is required in rejecting UIM insurance coverage"
Federal Court Jury Awards 6.2 Million Dollars in TASER-Related Death
From PRWeb.com:Read More about "Federal Court Jury Awards 6.2 Million Dollars in TASER-Related Death"
Jury awards boy for hand degloving in crash
Read More about "Jury awards boy for hand degloving in crash"
Dough machine maker settles with baker for arm and hand injuries
Read More about "Dough machine maker settles with baker for arm and hand injuries"
Worker recovers for fall caused by 'junk brick'
Read More about "Worker recovers for fall caused by 'junk brick'"
New case law on obtaining UIM from your employer for a work related auto accident.
On June 4, in Heller v. Pennsylvania League of Cities, the Commonwealth Court reversed the trial court's decision that it is a violation of public policy to exclude anyone eligible for workers' compensation benefits from also recovering underinsured motorist benefits. In Heller, the injured victim was in the course and scope of his employment in his employer’s vehicle when a car accident occurred. The injured worker recovered the third party coverage and then sought UIM coverage on his employer’s policy. There was an exclusion in the UIM provision of the employer's policy and instead of just ruling that the exclusion was not valid under the MVFRL, the trial court found that the exclusion violated public policy. The Commonwealth Court in this 2-1 decision holds that the exclusion does not violate public policy and reversesRead More about "New case law on obtaining UIM from your employer for a work related auto accident."
Pa. Church Volunteer Who Lost Leg in Accident Awarded $4 Million
From InsuranceJournal.com:Read More about "Pa. Church Volunteer Who Lost Leg in Accident Awarded $4 Million"
Another Step in Stopping Court Secrecy
The U.S. Senate Judiciary Committee is working on the Sunshine in Litigation Act—a bill that seeks to restore public accountability in the judicial system by restricting court secrecy on matters that affect public health and safety. Secrecy provisions are often part of legal settlements and they prevent people from finding out about dangerous products.Spotlight on: Carla K. Weldy-- Paralegal Extraordinaire
Read More about "Spotlight on: Carla K. Weldy-- Paralegal Extraordinaire"
3rd Circuit: Woman Cannot Be Fired for Having Abortion
From Law.com:Read More about "3rd Circuit: Woman Cannot Be Fired for Having Abortion"
Pennsylvania Supreme Court says high-cost loans violated Pa. banking laws
From CentreDaily.com:Read More about "Pennsylvania Supreme Court says high-cost loans violated Pa. banking laws"
When a medical expert testifies "within a reasonable degree of medical certainty"...what does that really mean?
In the case of Griffin v University of Pittsburgh, which is a May 19, 2008, Superior Court case, the court held that when a physician testifies that there was a 51-49% probability that the negligent act caused the injury, this was legally insufficient to offer an opinion to a “reasonable degree of medical certainty.” Most medical experts spit out the phrase “to a reasonable degree of medical certainty” without actually defining its meaning or actually knowing what it truly means. It does not mean "maybe" or "probably" or "might be" or any of those equivocal phrases. However, it DOES not mean 100 % assurances. The court doesn't actually give a specific percentage, but it has to be more than in this case. Although I have no support for this, if a medical expert said they were more than 85% certain, I'd wager lunch that this would be enough for most appellate courts. Therefore, if you have a defense doctor who is a little less sure of the opinion he/she is offering, but also uses the magic language ask him/her to put a percentage on it. You might get lucky! The doctor could give some kind of split percentage as in this case and you can argue that based upon the Griffin case, the opinion is legally insufficient.I've also posted this at the Pa Work Injury Law blog here.Plaintiffs Lawyer Lanier to Appeal Vioxx Reversal
W. Mark Lanier, the Houston plaintiffs lawyer who won a $234.4 million jury verdict in Angleton in the nation's first Vioxx trial, isn't mincing words: Thursday's Texas appeals court opinion reversing a judgment in that suit is "judicial activism for corporate America."Read More about "Plaintiffs Lawyer Lanier to Appeal Vioxx Reversal"
N.J. and Texas Courts Scrap Awards From Early Vioxx Cases
From Law.com:Read More about "N.J. and Texas Courts Scrap Awards From Early Vioxx Cases"
New post on the Pa Work Injury Law Blog
It's an editorial from the New York Times entitled "The Working Wounded." A good read. See it here.Playtex Sued Over Chemical's Use in Manufacture of Baby Bottles
From Law.com:Read More about "Playtex Sued Over Chemical's Use in Manufacture of Baby Bottles"
New case law on uninsurance when colliding with dirt bike
In the case of Burdick v. Erie Insurance Group, the Superior Court held that an insurance policy that excludes uninsured benefits when the insured collides with off road vehicles, is against public policy and violates the Motor Vehicle Financial Responsibility Law.Read More about "New case law on uninsurance when colliding with dirt bike"
Childhood lead exposure linked to criminal behavior, violence
Childhood exposure to high lead levels leads to smaller brain mass and is linked to criminal behavior and violence, according to two new comprehensive studies.Read More about "Childhood lead exposure linked to criminal behavior, violence"
New Case Law Defining "Midwifery"
The Commonwealth Court in Goslin v. State Board of Medicine has ruled that practicing midwifery is not practicing surgery or medicine and that certified midwives and licensed nurse-midwives are not one and the same. As a result of the ruling, lay midwives are not subject to regulation by the State Board of Medicine.Why are confidentiality clauses in personal injury settlements dangerous?
Read More about "Why are confidentiality clauses in personal injury settlements dangerous?"
Jury Awards $20.5 Million for Fatal Liposuction
From Law.com:Read More about "Jury Awards $20.5 Million for Fatal Liposuction"
Mandatory Arbitration Agreements in Healthcare
In this morning’s Patriot-News, PaAJ President Tim Riley contributes a guest column alerting readers to the increasing use arbitration agreements for medical treatment.Read More about "Mandatory Arbitration Agreements in Healthcare"
City hit with $3.8M verdict for woman's pothole fall
A jury awarded $3.8 million to a woman who sustained a fractured hip after stepping into a pothole at a Bronx intersection. Janie Utsey, 77 at the time of the October 2002 incident, alleged that the pothole developed after city workers failed to properly seal a prior gap in the road. She claimed that the gap reopened during the 17 months that preceded her injury. The city contended that the hole was connected to the cement platform of a bus stop and that, as such, it could not be filled in the conventional manner that Utsey had suggested. It also challenged Utsey's credibility by noting that she had provided differing accounts of the incident, but the jury was not swayed.Read More about "City hit with $3.8M verdict for woman's pothole fall"
Federal Preemption: Working Against Consumers
The lawsuit filed by actor Dennis Quaid and his wife, Kimberly, after a hospital unintentionally gave their newborn twins the wrong dosage of a blood-thinning drug is being contested by a drug maker on the grounds that it is immune from liability.Read More about "Federal Preemption: Working Against Consumers"
Florida Regulator Lifts Allstate Suspension
“Florida Insurance Commissioner Kevin McCarty ordered a stay of the suspension of the Allstate Companies' licenses to sell new business in the state. McCarty's decision comes as the result of Allstate's submission of an affidavit certifying that it has complied with Florida law by freely providing all documents (McKinsey Documents) requested by the Office of Insurance Regulation as part of its investigation of Allstate's business practices in Florida.Read More about "Florida Regulator Lifts Allstate Suspension"
Three injured in vehicle rollover, two 'badly', in Ridgebury
The Towanda Daily Review:Read More about "Three injured in vehicle rollover, two 'badly', in Ridgebury"
Sloppy paint job to blame for worker's slip and fall
A jury awarded more than $4.6 million to a construction worker who slipped on the overspray of a painting project. The suit dates to Aug. 28, 2006, when Thomas McAndrew worked at an outdoor construction site at John F. Kennedy International Airport, in Queens, New York. While traversing an area of cluttered boxes, McAndrew slipped on paint overspray that had been dampened by rainfall. He claimed that he sustained spinal herniations and a severe laceration of one finger. McAndrew sued the construction project's general contractor and a painting subcontractor, alleging that the boxes, the rain and a sloppy paint job created a hazard. The jury agreed, and it awarded McAndrew $4,663,231. McAndrew's wife also recovered $250,000 for her derivative loss.Read More about "Sloppy paint job to blame for worker's slip and fall"
28 Million Dollar Verdict For A Paralyzed 8 year Old In Philadelphia
A Federal jury, in the United States District Court for the Eastern District of Pennsylvania, sitting in Philadelphia, returned a verdict of $28 Million Dollars for a paralyzed 8 year old boy. The boy was a passenger in the back seat of a vehicle when the Defendant driver was distracted and veered off the road.Read More about "28 Million Dollar Verdict For A Paralyzed 8 year Old In Philadelphia"
Texas Court Overturns Multimillion-Dollar Vioxx Verdict
From Law.com:Read More about "Texas Court Overturns Multimillion-Dollar Vioxx Verdict"
Bush Administration Uses Bureaucracy to Limit Lawsuits
From Law.com:Read More about "Bush Administration Uses Bureaucracy to Limit Lawsuits"
The Defense Base Act Protects American Workers Injured in Iraq and Afghanistan
I added an article to our Pennsylvania Workers' Compensation Blog about American workers who have been injured helping with the reconstruction of Iraq and Afghanistan. You can see the article here.Read More about "The Defense Base Act Protects American Workers Injured in Iraq and Afghanistan"
County liable for woman killed after making several 911 calls
The family of a woman who was strangled by her boyfriend despite repeated and desperate 911 calls was awarded $2.7 million. Deborah Kirk's family sued Franklin County, claiming that 911 operators should have sent police officers to the scene after her first hang-up call. After Kirk called and then hung up, 911 called back and she said everything was fine. She called back 15 minutes later, but the call went dead after 90 seconds. Plaintiff's counsel argued that violent sounds could be heard in the background, and that should have alerted 911 to dispatch officers. However, it wasn't until a third call five minutes later, when Kirk said she'd been hit, that police were dispatched. Police officers knocked on the door, but there was no answer so they left. She was found dead the next day. The county argued that police were to blame for her death.Read More about "County liable for woman killed after making several 911 calls"
Windham Fire Department 19 re-instated
From The Daily Review:DEBUNKING “TORT REFORM”
“Advocating solely for tort reform in the legislative arena does not get to the root of the medical liability crisis, according to Richard Boothman, JD, chief risk officer for the University of Michigan Health Systems:Woman gets $1M after car's hatchback lid collapsed on her head
A jury awarded $1 million to a woman who was injured when the trunk hatch lid on her Subaru Outback collapsed on her head. Tammi Grumski, then 37, was pulling a bag of groceries from the rear of her car when the hatch lid fell, resulting in a head injury and cognitive deficits. She claimed that Suburban Buick Subaru in Pittsburgh negligently repaired the lid a week before the accident. Defense counsel conceded liability, but disputed the extent of her injuries. Grumski now has to wear prism glasses because of a vision impairment that made it difficult for her left eye to transition from focusing on objects at different distances. She claimed that she'll have to retire from her nursing job as she gets older due to the cognitive impairments. Grumski v. Jones, Palmeiri & Saldutte Inc.Read More about "Woman gets $1M after car's hatchback lid collapsed on her head"
Teen recovers after she's struck by car while crossing road
A teen recovered $390,991 after she was struck by a car while crossing the road one winter evening. Zoe Malinoski was 13 years old when she was crossing the road and was struck by Sarah Fairbanks. Zoe sustained a fractured pelvis, a fractured hip, a fractured tooth, multiple skull fractures and bleeding on her brain. She spent two weeks in intensive care. She was left with cognitive defects and she continues to display memory problems in school. Defense counsel argued that Zoe darted out in front of the car, leaving Fairbanks no time to react. Zoe was also wearing dark clothing that winter evening. Zoe was found 25 percent liable, which reduced her $521,322 award. Of her award, $400,000 was for future pain and suffering.Read More about "Teen recovers after she's struck by car while crossing road"
Athens Township: Delayed emergency response leaves resident questioning readdressing
From The Evening Times:“Frivolous Lawsuit” Commercials Distort The Truth
Here's a post by Adam Gee of the Ziff Law Firm in Elmira, NY about frivolous lawsuit commercials. Like Adam, I see them all the time. You would be amazed at how much money the insurance industry and corporate America spends on commercials like that.Read More about "“Frivolous Lawsuit” Commercials Distort The Truth"
Ford pays $6.5M for SUV defect blamed for driver's death
A jury awarded $6.5 million to the family of a man who was killed when his 1998 Ford Explorer sport utility vehicle flipped on an upstate parkway. The jury found that a defective roof-support system allowed the vehicle's roof to shred during the accident. The driver, Steven Motelson, 60 at the time of the July 2000 crash, sustained fatal injuries of his head as a result of the roof's failure. However, the jury rejected allegations that the vehicle's seat belts and speed-control systems failed, and, as such, it declined to hold Ford Motor Co. liable for the death of a juvenile passenger of the vehicle.Read More about "Ford pays $6.5M for SUV defect blamed for driver's death"
$38 Million Deal Reached for Minn. Bridge Collapse Victims
Minnesota lawmakers reached agreement on a $38 million compensation package for victims of a deadly bridge collapse, culminating months of work to provide relief beyond the state's legal liability.Read More about "$38 Million Deal Reached for Minn. Bridge Collapse Victims"
INJURY-PROOF CAR?
From The New York Times:Patients often struggle for access to medical records
From USA Today:Read More about "Patients often struggle for access to medical records"
What geographic area does C&C Law cover?
These are the towns where most of clients have come from throughout our region, whether they are automobile accidents, workers' compensation, slip and falls, serious injuries, defective products or insurance disputes like long term disability denials. Athens, PA Sayre, PA Towanda, PA Wyalusing, PA Canton, PA Troy, PA Dushore, PA LaPorte, PA Eagles Mere, PA Mansfield, PA Wellsboro, PA Montrose, PA Great Bend, PA New Milford, PA Tunkhannock, PA Blossburg, PA Elkland, PA Waverly, NY Barton, NY Owego, NY Elmira, NY Binghamton, NY Horseheads, NY Williamsport, PANew Pennsylvania Workers' Comp Blog!!!
I've started a new blog focused solely on Pennsylvania Workers' Compensation and solely from the perspective of the injured employee.Carpenter recovers nearly $40M for paralyzing work injury
A federal jury awarded nearly $40 million to a carpenter who sustained a paralyzing injury while working at Manhattan's South Ferry Terminal. Liability was not contested in the suit, which stemmed from an August 2006 incident in which Dmitry Okraynets, then 31, was struck by an 800-pound unit of construction forms that fell off of a wall. Okraynets, permanently paraplegic, claimed that a spinal complication could lead to paralysis of his upper limbs. He contended that he will require lifelong assistance and medical care. The jury found that Okraynets' damages totaled $39,706,444, and it also awarded $5 million to Okraynets' wife, for her loss of services.Read More about "Carpenter recovers nearly $40M for paralyzing work injury"
OSRAM's Towanda plant sold to Austrian company
I posted this news item in the "News" section of the web site here. Whenever we have a major plant closing I often get calls from people who have current workers' compensation cases with the company being sold. The employees are usually concerned about the continuation of their benefits, etc.Read More about "OSRAM's Towanda plant sold to Austrian company"
US Supreme Court to Hear Argument on Long Term Disability Appeals
From The Christian Science Monitor:Read More about "US Supreme Court to Hear Argument on Long Term Disability Appeals"
Heart risk in ADHD drugs?
From Philly.com:Most Common Fair Labor Standards Act Violations
Although we don't practice wage and hour law at Carroll & Carroll, P.C., we often get questions from current workers' compensation clients regarding issues involving employer practices that might violate state and Federal law.Read More about "Most Common Fair Labor Standards Act Violations"
Allstate Postings Don't Include Catastrophe Claim Information
From NOLO.com:Read More about "Allstate Postings Don't Include Catastrophe Claim Information"
Editorial On the Dangers of Federal Pre-emption
From The New York Times:Read More about "Editorial On the Dangers of Federal Pre-emption"
Medical Malpractice Lawsuits in Pennsylvania Down Again for 2007
From PennLive.com:Read More about "Medical Malpractice Lawsuits in Pennsylvania Down Again for 2007"
Allstate Gives Up McKinsey Documents In Kentucky
From The Lexington Herald-Leader:Read More about "Allstate Gives Up McKinsey Documents In Kentucky"
FDA: Same Salmonella strain in recalled cereal sickens 23 people
From CNN.com:Read More about "FDA: Same Salmonella strain in recalled cereal sickens 23 people"
Court Denies Insurer's Motion for Summary Judgment
From the Pennsylvania Association For Justice website:Read More about "Court Denies Insurer's Motion for Summary Judgment"
Another victory for drug manufacturers in the preemption battle
In a significant victory for drug manufacturers, the 3rd U.S. Circuit Court of Appeals has ruled that the makers of Paxil and Zoloft cannot be sued for failing to warn of a risk of suicide because the Food & Drug Administration has explicitly refused to order such warnings. Voting 2-1 in a pair of cases where the lower courts issued conflicting rulings, the 3rd Circuit found that such lawsuits must be pre-empted because they directly conflict with action already taken by the FDA.Read More about "Another victory for drug manufacturers in the preemption battle"
The Importance of Pennsylvania's Insurance Commissioner
The person filling the job of Pennsylvania's Insurance Commissioner isn't a topic that is often discussed around the dinner table or at the coffee counter. However, it is a very important issue and affects all of us. For many years I've complained that the Insurance Commissioner, who is tasked with regulating the insurance industry in Pennsylvania, is always FROM the insurance industry. In most instances, in my opinion, it appears the regulatory opinions that come from the Insurance Commissioner's office (which dictates what insurance companies can and cannot do) favors insurance companies and not us consumers.Read More about "The Importance of Pennsylvania's Insurance Commissioner"
New Case Law on Negligence Per Se
The link below is to a case from the United States Court of Appeals for the Third Circuit. The Court held that it is reversible error when the trial judge refused to give the jury an instruction on a negligence per se charge despite the defendant pleading guilty to a motor vehicle violation.New Pa. Supreme Court Decision re. Paying for Van for Injured Worker
In an issue of first impression, the Pennsylvania Supreme Court found that a van modified to meet a quadriplegic claimant's needs may fall within the definition of an "orthopedic appliance" that an employer is obligated to pay for.Read More about "New Pa. Supreme Court Decision re. Paying for Van for Injured Worker"
America's Surprisingly Unhealthy Jobs
From Yahoo.com:No Charges Filed Against Trooper's Stepson After Fatal Crash
From NBC10.com:Read More about "No Charges Filed Against Trooper's Stepson After Fatal Crash"
PaAJ Gets Pro-Consumer Action on Insurance Coverage
Read More about "PaAJ Gets Pro-Consumer Action on Insurance Coverage"
PA launches hospital quality web site
Beginning today, patients and their families in Pennsylvania can go to a single Web site to learn about the quality of local hospitals.Editorial on the importance of the Presidential race and protecting the Civil Justice system
Pennsylvania Association For Justice Executive Director Anthony Green has written an op-ed published in the March 11 issue on the importance of this presidential election in choosing a leader sensitive to civil justice, the 7th Amendment and consumers’ rights.Pain lasts long after traumatic injury: U.S. study
I put this news article in the "News" section of the website and you can find it here. But I'm also blogging about it because, I believe, it's a very significant study. In my practice of helping injured people, I've noticed that there is this sense in the medical field that if you are feeling pain from an injury longer than 3 to 6 months then it must be in your head. Or else you're manufacturing the symptoms. But this study tells a different story.Read More about "Pain lasts long after traumatic injury: U.S. study"
New Case on Witnesses Estimating Speed in an Car Crash
Read More about "New Case on Witnesses Estimating Speed in an Car Crash"
Your Food Industry At It's Best
From CrooksandLiars.com:$28 Million Dollar Award Against State Troopers Who Shot 12 Year Old
A federal jury in Pittsburgh yesterday awarded the father of Michael Ellerbe more than $28 million after finding that two Pennsylvania state police troopers intentionally shot and killed the 12-year-old boy in Uniontown on Christmas Eve of 2002. The bulk of the award, $24 million, came in punitive damages intended to punish the two troopers for excessive use of force in shooting the boy in the back and the state police for allegedly trying to cover it up. PaAJ officer Tim Conboy is quoted in the story that it was one of the biggest such awards in Western Pennsylvania history.Read More about "$28 Million Dollar Award Against State Troopers Who Shot 12 Year Old"
Editorial on the recent federal preemption US Supreme Court case
See the Letter to the Editor here.Read More about "Editorial on the recent federal preemption US Supreme Court case"
New Products Liability case in the Pa. Supreme Court might redefine the law
The Pennsylvania Supreme Court has granted allocatur in an asbestos case to consider if concepts of negligence should be imported into Pennsylvania's products liability law by the application of the American Law Institute's Restatement (Third) of Torts in place of the Restatement (Second) of Torts. An attorney in the case called it "the commonwealth's biggest products liability case in 30 years." PaAJ former President Cliff Rieders is quoted, saying that he believes Pennsylvania will remain a strict liability state.Read More about "New Products Liability case in the Pa. Supreme Court might redefine the law"
Malingerer Test
A controversial test designed to spot litigants who may be feigning their injuries is gaining acceptance, but some psychologists and plaintiffs' lawyers protest that the test identifies too many real victims as possible fakers.Humane Society sues USDA over beef recall
From MSNBC.com:F.D.A. and Disk Maker Questioned
From The New York Times:Why did God create Trial Lawyers?
To convince corporations it's cheaper to do the right thing the first time.Health Insurers Concerned Over Nixed Policy Lawsuits
The health-insurance industry is racing to defuse a growing furor over retroactive policy cancellations that have saddled some patients with big medical bills and sparked lawsuits.Read More about "Health Insurers Concerned Over Nixed Policy Lawsuits"
Insurer fined $9M for dropping cancer patient
A woman who had her medical coverage canceled as she was undergoing treatment for breast cancer has been awarded more than $9 million in a case against one of California's largest health insurers.Read More about "Insurer fined $9M for dropping cancer patient"
Trial lawyers aren't all bad
In his new book, The Appeal, John Grisham is trying to rehabilitate the social standing of trial lawyers. Good luck with that.Sears settles suit over allegedly dangerous stoves
From CNN.com:Read More about "Sears settles suit over allegedly dangerous stoves"
Justices Limit Suits Over Medical Devices
From The New York Times:Horrific school bus crash leaves 4 students dead
From CNN.com:Read More about "Horrific school bus crash leaves 4 students dead"
Sayre affected by meat recall Most other local school districts untouched
From the Towanda Daily Review:Read More about "Sayre affected by meat recall Most other local school districts untouched"
Fentanyl patches recalled twice in a week
Patches containing the prescription painkiller fentanyl in the U.S. were recalled for the second time in a week Monday, because of a flaw that could cause patients or caregivers to overdose on the potent drug inside.A Rip-Off by Health Insurers?
Have health insurers been systematically cheating patients and doctors of fair reimbursement for medical services? That is the disturbing possibility raised by an investigation of the industry’s arcane procedures for calculating “reasonable and customary” rates.Medicare to make hospitals pay for serious mistakes
New way to push for patient safety: Don't pay hospitals when they commit certain errors. Medicare will start hitting hospitals where it hurts in October, and other insurers are hot on the trail.Read More about "Medicare to make hospitals pay for serious mistakes"
I'm in the news....
http://www.stargazette.com/apps/pbcs.dll/article?AID=2008802170325Direct solicitations of new clients...it's unethical and illegal.
As the town of Port Wentworth, Ga. is still recovering from a tragic explosion and fire at a sugar refinery, many residents are up in arms over solicitations and ads from out of town trial lawyers. See the story here.Read More about "Direct solicitations of new clients...it's unethical and illegal."
That Independent Medical Examiner isn't really independant....
I've read a disturbing blog post from Eric Turkewitz's blog, NewYorkPersonalInjuryLawBlog.com. It explains how insurance companies manipulate the doctors they use to evaluate plaintiffs. These exams are commonly referred to IME's or Independent Medical Examinations. Although in our office we call them what they really are, DME's or Defense Medical Examinations.Read More about "That Independent Medical Examiner isn't really independant...."
The State of Pennsylvania Civil Justice
A new report was just issued by the Pennsylvania Association For Justice on the State of Pennsylvania Civil Justice, presented by PAJ President Tim Riley. Click here to see a copy of the report.Maternity Care in Pennsylvania
Moms and their babies in our state and across the nation are facing a problem as OB/GYN clinics are closing down. Experts agree that the main issue is low Medicaid reimbursement rates. But rather than focusing on the real problems behind the shortages and closures, the “tort reformer” zombies are exploiting the issue in an attempt to close the courthouse doors. To assist you in talking to policy makers and friends, the Pennsylvania Association For Justice has developed a new fact paper that addresses the real culprit of decreasing Medicaid reimbursement rates.USDA orders recall of 143 million pounds of beef
The largest recall ever!Read More about "USDA orders recall of 143 million pounds of beef"
DEP fines Troy hospital $3,000
From The Daily Review:Calif. Blue Cross Stops Asking Docs About Patients’ Omissions
After getting slammed yesterday by everybody from Arnold Schwarzenegger to Hillary Clinton, Blue Cross of California said it would stop sending letters to doctors asking them to help find patients who had failed to report pre-existing medical conditions to the insurance company.Read More about "Calif. Blue Cross Stops Asking Docs About Patients’ Omissions"
Pa. Workers' Compensation Rate Savings for Employers
Gov. Rendell says the decrease in workers' compensation rates in Pennsylvania will total $250 million in savings. Employers who enroll in the Pennsylvania Department of Labor and Industry's Certified Workplace Safety Committee program can receive a discount of 5 percent or more. About 7,500 Pennsylvania businesses with more than a million workers are involved in the program.Read More about "Pa. Workers' Compensation Rate Savings for Employers"
FDA Issues Chantix Public Heatlh Advisory
I just posted an alarming article in the Library section regarding the drug, Chantix. You can see the article here.New article in the library section on the crib recall
Government Institutes Largest Crib Recall in US History. See the article here.Read More about "New article in the library section on the crib recall"
Insurer asks docs to help cancel patients
California's largest for-profit health insurer is asking California physicians to look for conditions it can use to cancel their new patients' medical coverage. Blue Cross of California is sending physicians copies of health insurance applications filled out by new patients, along with a letter advising them that the company has a right to drop members who fail to disclose "material medical history," including "pre-existing pregnancies."Pa. Jury Awards $10M to Teen Injured Wearing Lap Belt in Crash
From InsuranceJournal.com:Read More about "Pa. Jury Awards $10M to Teen Injured Wearing Lap Belt in Crash"
Stealth Arbitration Clauses
From the Philadelphia Inquirer: Legal experts say such attempts to channel potentially unhappy patients away from the court system and into arbitration are becoming increasingly common in health care. Proponents say arbitration is faster, cheaper and fairer than trials, but critics say the secretive system can be weighted against consumers and makes it harder to track complaints or build legal precedents. (Read more)Ford recalling 180,000 SUVs and vans
Automaker issues recall over potentially faulty door handles and fuel hoses. See the article from CNN.com here.More Tainted Beef
The U.S. Department of Agriculture has 7,800 pairs of eyes scrutinizing 6,200 slaughterhouses and food processors across the nation. But in the end, it took an undercover operation by an animal rights group to reveal that beef from ill and abused cattle had entered the human food supply.FDA Ignores Congress and Lets Drug Companies Off the Hook
Read More about "FDA Ignores Congress and Lets Drug Companies Off the Hook"
Tort Reform Zombies....They Eat Brains....
Read More about "Tort Reform Zombies....They Eat Brains...."
I'm in the news....
Look!! I"m famous!!The Real Issue is Jurors' Rights
From The National Law Journal:Consumer Product Safety Commission
Public Citizen, an advocacy group, criticized the Consumer Product Safety Commission yesterday for sometimes taking six months or more to notify the public about dangerous products, and complained that it took some companies nearly three years to report hazards to the agency.Critique of the President's State of the Union
Here's a good analysis of the President's jab at trial lawyers duing the SOTU by fellow trial lawyer and friend Jim Reed. Another example of why President Bush is the head of the tort reform zombies. He eats the most brains....Read More about "Critique of the President's State of the Union"
Allstate Gives Up McKinsey documents
As blogged about previously, Allstate had been withholding these documents from the Florida Insurance Commission who pulled their ability to write certain insurance policies in the state. Also, in other litigation, Allstate is being fined $25,000.00 per day for witholding the documents. It must have become financially painful for Allstate to finally cough up the documents, which consist of 12,500 slides.Eli Lilly Getting Smacked!
The news media are reporting that Eli Lilly and federal prosecutors are discussing a one billion dollar (yes, $1,000,000,000.00) settlement of a civil and criminal investigation into the improper marketing of Zyprexa, Lilly's most profitable product. I guess Lilly's liability insurance premiums will go up now, but will they be able to blame plaintiffs' lawyers for it?THE BODY-PARTS SCAM
I just couldn't pass up blogging about this one.New case law on subrogration by employers on employee's settlements
On January 25, in City of Wilkes-Barre v. Sheils, Judge Munley in the Middle District of Pennsylvania held that Wilkes-Barre has no right of subrogation for the funds from a tort settlement arising out of the injuries sustained by an employee in a motor vehicle accident. The Court relies mainly upon the decision in Fulmer v. Pa. State Police where the Commonwealth Court held that the State Police did not have a right to subrogation after a state trooper received a tort settlement. The Court notes that under Section 1722 of the Motor Vehicle Financial Responsibility Law, the employee would not be able to plead these benefits so there will not be a double recovery.Read More about "New case law on subrogration by employers on employee's settlements"
LEAD IN TOYS CLASS ACTION SETTLEMENT
The maker of "Thomas & Friends Wooden Railway" toys has agreed to pay $30 million to settle a nationwide class-action lawsuit by thousands of families who purchased lead-tainted products.CORPORATE RESPONSIBILITY 101
The Hershey Co. is halting production of Ice Breakers Pacs in response to criticism that the mints look too much like illegal street drugs, the company's president and chief executive officer said Thursday. This is what responsible corporations are supposed to do. This is how it's done, people.ALTERING MEDICAL RECORDS
A doctor accused of failing to tell a patient she had cancer is now being accused of altering medical records in the case to try to cover up his error. Court papers say Dr. Feroz A. Sheikh altered the records of Margaret Radginski after she filed suit against him late last year. PaAJ member Michael J. Foley of Scranton is representing Ms. Radginski in the case.Wrongful Death article in the Library section
I just posted an article about filing a Wrongful Death lawsuit in Pennsylvania. You can find it here.Read More about "Wrongful Death article in the Library section"
Workers' Compensation Rates Should Decline in Pennsylvania
From an article from the Pittsburgh Business Times on the anticipated decrease in workers’ comp rates starting April 1. This is just the most recent argument against any need for additional workers’ comp reform. Sorry, no linky.Read More about "Workers' Compensation Rates Should Decline in Pennsylvania"
Why are mandatory arbitration clauses so prevalent in consumer credit card agreements?
An interesting blog post and questions from CorpReform.com.ALLSTATE’S McKINSEY DOCUMENTS
I wrote about the McKinsey Documents before.Food poisoning can be long-term problem
From YahooNews.com:Allstate Sits on Documents Allegedly Tied to Profit Scheme
Florida insurance regulators have ordered Allstate to stop selling new auto insurance policies in that state because the insurer has refused to turn over documents detailing how the company sets rates and pays claims. The documents in question allegedly show a plan, developed by consulting company McKinsey & Co., for insurers to increase profitability by decreasing and delaying claims payments. Allstate is also paying a $25,000-a-day fine in Missouri for violating a court order to turn over the same documents. Beatrice E. Garcia, Miami Herald 01/17/2008ouch!Read More about "Allstate Sits on Documents Allegedly Tied to Profit Scheme"
Now how are we going to deal with all those runny noses....
<img src="http://www.blawg.com/claimscript.aspx?userid=jrcjr99&LinksID=1907">Read More about "Now how are we going to deal with all those runny noses...."
5 Things NOT to do in the Emergency Room
From CNN.com:Funny....sort of...
From Philly.com:Profits put ahead of insurance claims
From PennLive.com, an editorial from Pennsylvania Association of Justice President, Tim Riley. He hits it right out of the park with this one.The Relation Between Traumatic Brain Injury and Schizophrenia
I just posted an article in the Library section re. the relationship between a traumatic brain injury schizophrenia. It's interesting stuff. I did not know there could ever be a link between the two. I've represented several people with brain injuries caused by accidents. I know that even mild brain injuries can have significant effects on some one's mental capacity, personality and emotions. I've seen people who have completely changed due to brain injuries...to the point where their spouse doesn't recognize them anymore...physically and mentally.Read More about "The Relation Between Traumatic Brain Injury and Schizophrenia"
Chemical in formula packaging may harm baby
From MSNBC.com:Read More about "Chemical in formula packaging may harm baby"