Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases

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Premises Liability: The Slip and Fall

    6/20/2008
    James R. Carroll, Jr., Esquire
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    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.

    Adams v. Sunrise Senior Living Services Inc.
     
    To see the full report on this case, go to VerdictSearch.com

Vehicle and Automobile Accidents

    7/8/2008
    James R. Carroll, Jr., Esquire
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    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.  

    Garland Reynolds and his wife, Bonnie, were awarded $3.5 million in connection with the 2002 rollover accident that claimed the life of their son, Matthew. The Reynolds sued GM in 2006, alleging that the design of the 1995 Chevrolet Blazer created stability issues that contributed to the fatal wreck. The jury awarded no punitive damages.

    A jury of five men and three women deliberated for nearly three days in U.S. District Court in Gainesville, GA before finding GM at fault.

    The jury said to General Motors that the Blazer is unsafe and it should not have been designed without proper stability, attorney for the plaintiff said.

    On June 3, 2002, Bonnie Reynolds was driving a 1995 Chevy Blazer on the Interstate with her son in the front seat when the Blazer was struck by a drunk driver who lost control of his Pontiac Sunbird.

    The Blazer flipped several times and Matthew Reynolds was ejected. He died the following day in an area hospital.

    The driver who struck the Reynolds' car was later convicted of first-degree vehicular homicide and is serving a lengthy prison sentence.

    Plaintiffs presented evidence at trial of other rollover accidents involving the Blazer. The plaintiffs contended that the make and model was built with too high a center of gravity for the wheel base, and that the "track," or distance between the wheels, should have been widened to prevent stability problems.

    Blazers manufactured from 1995 through 2002 have similar design flaws. The Blazer was subsequently phased out in favor of the TrailBlazer, which has a wider wheelbase. 

    Evidence presented at trial called for a recall.

    General Motors maintains that the vehicle is safe.

    Company spokeswoman Geri Lama said GM was disappointed in the jury's verdict. They contend that the rollover accident is the sole fault of the drunk driver who struck the Blazer. GM is considering its options of an appeal.There was never an offer to settle, according to Plaintiffs attorneys.

    GM was represented by a team of King & Spalding attorneys led by partner W. Ray Persons,

    The case, in the Northern District of Georgia, is Garland Reynolds Jr. et al., v. General Motors Corp., No. 2:04-CV-106.


6/18/2008
James R. Carroll, Jr., Esquire
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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, LLC

To see the full report on this case go to VerdictSearch.com