Practice Areas
Blog 
Personal Injury
- New York state man recovers $200K for fingers lost to lawn mower
- Eight Powerful Reasons to Hire a Local Attorney
- Court Allows Claims For Emotional Distress After Alleged Breach Of Contract To Continue
- Wal-Mart Limits Subrogation Rights Against Workers
- Pennsylvania Worker recovers for fall from ladder bought at Home Depot
Premises Liability: The Slip and Fall
- NYC to pay $2.75M for softball accident in school gym class
- New case law on slilp and fall on icey sidewalks owned by a City
- Worker who lost leg in construction accident receives $13M
- Boy blinded in ATV rollover gets $6M settlement
- ELMIRA ATTORNEY CONTINUES TO INVESTIGATE OUTBREAK OF LEGIONNAIRES’ DISEASE AT THE FLANNERY TOWERS
Workers' Compensation
- New York Times article on biased "Independant" Medical Examiners
- No Work Jobs
- Prison Guard receives settlement in MRSA case
- New blog post at the Pa Injury Law blog about the effect Bush had on OSHA
- New post on the Pa Work Injury Law Blog about what to do when you're laid off
Vehicle and Automobile Accidents
- Pennsylvania Car Accident Plaintiff's award of $400,000 Upheld On Appeal
- An unsafe intersection in Athens Township?
- Pennsylvania Superior Court Case Quashing Underinsured Motorist Carrier Appeal
- Pa. Superior Court Allows UIM And Bad Faith To Proceed At Same Time
- People injured in Springfield Township, Bradford County automobile crash
General
- Insurance company denials of benefits in Pennsylvania and New York
- CALL YOUR MEMBER OF CONGRESS AND URGE SUPPORT FOR THE ARBITRATION FAIRNESS ACT OF 2009
- Another ATV Death
- Bradford County, Pennsylvania has a new website
- No conflict of interest between Bradford County, Pennsylvania's new Judge and new District Attorney, despite them cousins
Legal News
Judge campaign candidates speak at dinner in Towanda
Judge Beirne unopposed in local race
Attorney General Tom Corbett to visit Bradford County
Beirne will run for full term as judge
Bradford County Employers Laying Off Workers
Death Benefits Not Mandatory for PA Car Insurance
Bradford County: Judge Beirne presiding
Pennsylvania Senate confirms Beirne as Bradford County judge
Legal Library
Personal Injury
- Questions for Your Doctor In Personal Injury Cases
- Traumatic Brain Injury: By The [Staggering] Numbers
- What is an Independent Medical Examination?
- Common Questions About the Legal Process
- The Wrongful Death Of A Child - Part Two
Premises Liability: The Slip and Fall
- Cracked, Broken or Irregular Sidewalks Causing a Fall
- Dog Bites
- If You Have Been Bitten or Attacked by a Dog, Then You Need to Read This Article
- New Pennsylvania Superior Court Case on Dog Attack
- Lead Poisoning Threatens Pregnant Women
Workers' Compensation
- New York Times article on Independent Medical Exams
- Response to Time Magazine Article: "Doctor's View: Can Health Coverage Cause Pain?"
- Specific Loss Benefits
- Reimbursement for Travel Expenes in Pennsylvania Workers' Compensation Cases
- Flow of Pennsylvania Workers' Compensation Claim Documents Prior To Litigation
Vehicle and Automobile Accidents
- Reducing The Impact of A Whiplash Injury
- Car Accident Injuries: Neck Pain
- Multi-Truck Accident in Susquehanna County Results in Hospitalization
- Repeat Offender Facing DUI Charges After Accident Lands Passenger in Hospital
- Driver Strikes Mother and Daughter in School Crossing Zone
Newsletters
General
Vehicle and Automobile Accidents
An unsafe intersection in Athens Township?
Here is a link to an article from the Morning Times in Sayre, Pennsylvania. The article covers the controversy of adding an EMTA "park and ride" parking lot at the intersection of Route 220 and Route 199.I know this intersection very well. It is a dangerous intersection given the fact that cars travel very fast either going onto the four lane portion of 220 or coming off of it.
What is being proposed is basically another intersection where vehicles and pull out onto Route 220, creating another hazard at an already dangerous spot in the road.
Here is just a sampling of the automobile accidents that have occurred in that location recently:
"A couple of years ago, that intersection was the scene of an accident involving a bus carrying students from the Athens Area School District. Just last week, an 83-year-old Athens man was sent to the hospital after his vehicle collided with an international beverage truck near that intersection.
In fact, the most recent accident that occurred at the intersection was reported earlier this week — Monday — when two Milan residents were sent to the hospital after a truck pulled out from Route 199 and collided with their vehicle, which was traveling north on Route 220.
The truck was traveling west on Route 199 and had stopped at the stop sign at the Route 220 intersection before pulling onto Route 220 and into the path of the other vehicle, said Athens Township Police."
People injured in Springfield Township, Bradford County automobile crash
I don't normally post about specific automobile accidents and crashes. However, every once in a while the facts of a specific crash makes think about making a point.In a recent crash that happened in Springfield Township, Bradford County, two vehicles collided on Springfield Road (State Route 4014). You can read the entire article from the Towanda Daily Review here.
It is not clear from the article as to who caused the accident; however, it is clear that it was a significant accident. Just see the picture of one of the vehicles on its roof. The article indicates that both drivers were seriously injured and taken to the hospital. What struck me, though, is that Miss Brown had a four (4) year old in the car who was not injured.
I am sure the reason this child had no injuries, even though everyone else involved in the accident had serious injuries, was because of the child safety seat. The reason that I am blogging about this accident is because you can thank trial lawyers and consumer advocates for the child safety seat laws. Miss Brown’s child was not injured because of what we do every day.
District Court Holds That Estate Underinsured Motorist Claim Barred Due To State Of Maine Law
On March 4, 2009 Judge O'Neill in the Eastern District of Pennsylvania granted Allstate Insurance Company's Motion for Summary Judgment in Willett v. Allstate Insurance Company where the Estate of an insured was arguing that a claim for underinsured motorist (UIM) benefits was allowed even though the law in the state of Maine, where the decedent's accident occurred, has a statutory cap on the amount of monies that can be recovered for non-economic damages in a wrongful death action.
David Willett (Willett) was killed in a car accident which occurred in Maine. At the time of the accident he resided in Pennsylvania with his mother and was insured under her Allstate policy which provided for $100,000 in UIM benefits unstacked. The third party had a total amount of coverage (liability and umbrella) of $1,250,000. Pursuant to the laws in Maine the Estate received only the statutory cap of $400,000 for non-economic damages and the total award, with the additional expenses, was $454,249.
The Estate pursued the UIM claim in Pennsylvania against Allstate and was providing a full credit for the full $1,250,000. The District Court decision by Judge O'Neill holds that Allstate is not required to make any UIM payment because the application of the statutory cap in Maine precluded the UIM claim. He finds that the Pennsylvania Supreme Court decision in Cipolla v. Shaposka, 267 A.2d 854 (Pa. 1970) is controlling and on point. He distinguishes the Willett situation from the Pennsylvania Supreme Court decision in Kmonk-Sullivan v. State Farm Mutual Auto. Ins. Co., 788 A.2d 955 (Pa. 2001) because he writes that the Kmonk case (1) involved Pennsylvania accidents and not one from another state, (2) no party argued another state law was applicable, (3) there was no choice of law issue in Kmonk and (4) the Court in Kmonk did not cite, discuss or overrule Cipolla.
The Estate pursued the UIM claim in Pennsylvania against Allstate and was providing a full credit for the full $1,250,000. The District Court decision by Judge O'Neill holds that Allstate is not required to make any UIM payment because the application of the statutory cap in Maine precluded the UIM claim. He finds that the Pennsylvania Supreme Court decision in Cipolla v. Shaposka, 267 A.2d 854 (Pa. 1970) is controlling and on point. He distinguishes the Willett situation from the Pennsylvania Supreme Court decision in Kmonk-Sullivan v. State Farm Mutual Auto. Ins. Co., 788 A.2d 955 (Pa. 2001) because he writes that the Kmonk case (1) involved Pennsylvania accidents and not one from another state, (2) no party argued another state law was applicable, (3) there was no choice of law issue in Kmonk and (4) the Court in Kmonk did not cite, discuss or overrule Cipolla.
He holds that the statutory cap under the laws in Maine make the estate NOT "legally entitled" to recover UIM benefits and thus, no UIM monies are to be paid.
Thanks again to Attorney Scott Cooper for providing this information.
Thanks again to Attorney Scott Cooper for providing this information.
General
Another ATV Death
From the Towanda Daily Review:"TERRY TOWNSHIP – Rescue crews discovered the body of an unidentified man Monday night near the intersection of Vial Hill Road and Johnson Hill Road in Terry Township, the apparent victim of an all-terrain vehicle accident."
Quick Contact
FAQs
Personal Injury
- How long is all this going to take?
- The insurance company offered me a settlement almost immediately after my serious accident. Should I accept it?
- The insurance company says that I don’t need a lawyer to settle this. What do you think?
- What is my case worth?
- What factors determine who is at fault in a car accident?
Workers' Compensation
- What happens if I return to a modified duty job and then I am laid off?
- If I am unable to return to the type of work I did before I was injured, what happens?
- If I am injured on the job can I choose the doctor who treats me?
- Should an injured worker apply for unemployment benefits?
- What medical benefits does the Act provide to a worker after they have sustained an on-the-job injury?
General
©2009 Carroll & Carroll, P.C., All Rights Reserved, Reproduced with Permission
The Best in Website Design for Attorneys, Attorney Web Blogs That Work, Attorney Search Engine Optimization, Optimized Video Services for Lawyers and Update Your Website Yourself
by Foster Web Marketing - The Best Attorney Website Design & Hosting Firm
Get SEO Tips from The Attorney Internet Marketing Blog
The Best in Website Design for Attorneys, Attorney Web Blogs That Work, Attorney Search Engine Optimization, Optimized Video Services for Lawyers and Update Your Website Yourself
by Foster Web Marketing - The Best Attorney Website Design & Hosting Firm
Get SEO Tips from The Attorney Internet Marketing Blog