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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
Personal Injury
Ten Worst Toys
American Association of Justice members Edward and James Swartz released their “Ten Worst Toys List” (http://www.justice.org/WATCH_-_10_Worst_TOYS_-_NOVEMBER_2008.pdf ) and we added our own quick analysis and found a large majority of products—85 percent— recalled so far this year by the Consumer Product Safety Commission (CPSC) were produced in foreign countries and 57 percent were manufactured in China. Of the 354 products recalled by the CPSC, 302 were produced in foreign countries and 201 were produced in China according to CPSC’s posted recall notices.Recalled products Jan 1, 2008-Nov. 13, 2008
Total Recalled products –354
From the United States—52 or 15%
From China – 201 or 57%
From foreign countries –302 or 85%
This is significant because foreign manufacturers can set their prices lower because they are not subject to the equal prospect of restitution as U.S. manufacturers face if a consumer is injured by their product. Also, foreign manufacturers often face huge discrepancies in product liability insurance rates. Without the prospect of being held accountable through the U.S. civil justice system, a foreign producer has little incentive to maximize product quality and safety. We have more information on this issue with a release we put out on a paper on the topic, see http://www.justice.org/cps/rde/xchg/justice/hs.xsl/4771.htm .
Hedge clipper manufacturer not liable for landscaper's loss of fingers, says jury
A jury in the United Stated District Court for the Eastern District of Pennsylvania found that a hedge clipper was not defectively designed, after a landscaper using the equipment accidentally amputated two of his fingers.Fernando Sanchez, an employee of a landscaping company, was trimming bushes in 2003 when he lost control of an HC-2000 hedge clipper, manufactured by Echo Inc., and was injured when the clipper's blades came in contact with his hand.
Counsel for the plaintiff argued that the clipper should have turned off automatically as soon as Sanchez dropped it. Defense counsel alleged that Sanchez was contributorily negligent, since he was walking backwards directly before the accident.
The jury found no defective design, and ruled that both parties had been negligent, awarding Sanchez zero damages.
To order the full report on Sanchez v. Echo Inc., go to VerdictSearch.com.
Bush Rule Changes Could Block Product-Safety Suits
Bush administration officials, in their last weeks in office, are pushing to rewrite a wide array of federal rules with changes or additions that could block product-safety lawsuits by consumers and states.See the full article here from The Wall Street Journal.
The administration has written language aimed at pre-empting product-liability litigation into 50 rules governing everything from motorcycle brakes to pain medicine. The latest changes cap a multiyear effort that could be one of the administration's lasting legacies, depending in part on how the underlying principle of pre-emption fares in a case the Supreme Court will hear next month.
Can Seller of Defective Used Equipment be Strictly Liable in New York?
Mario Miquel Jaramillo was injured at work when his right hand was caught between two rollers on a 1964 Flexo Folder Gluer (“FFG”) which his employer, Glenwood Universal Packaging, purchased as used equipment from Weyerhaeuser Company in 1986. The evidence demonstrated that Weyerhaeusar sold an average of 3 used FFG’s per year, owned patents related to technology used in FFG’s, and had a working relationship with FFG manufacturers.
Jaramillo filed a complaint in New York state court against Weyerhaeuser alleging strict product liability. The case was removed to federal district court (S.D.N.Y.) and Weyerhaeusar was granted summary judgment as a casual seller of FFG’s under New York law and, therefore, could not be held strictly liable.
Casual sellers and regular sellers are distinguished in New York case law in strict product liability actions. The casual seller is only liable if it fails to warn the consumer of known defects that are not obvious or easily recognizable. The appellate court also noted that whether strict liability applies to sales of used goods, as in the present matter, is an open question under New York law.
After an examination of similar case law, the Second Circuit determined that it was necessary to have a resolution of the question of whether a seller of used industrial equipment can be deemed a “regular” seller in order to consider the propriety of summary judgment. To answer that question, it was certified to the New York Court of Appeals. The Second Circuit retained jurisdiction pending the outcome of the certification.
To see the full article from JudicialView.com, click here.Vehicle and Automobile Accidents
Investigating Yamaha Rhino
In a front-page article, the Wall Street Journal (11/4, A1, Trottman, Conkey) reports that the Consumer Product Safety Commission (CPSC) is investigating the Yamaha Rhino off-road vehicle "following reports of some 30 deaths," and "Yamaha faces more than 200 lawsuits in state and federal courts, many alleging the Rhino's design is unsafe."
While "Yamaha has settled some," it "recently beefed up its defense and says it may start to fight rather than settle." According to Yamaha, "plaintiffs' lawyers 'have seized on safety and product enhancements that Yamaha has made to the Rhino to allege baseless claims about the stability of the vehicles.'" The company added that "many injury claims...stem from improper operation, modifications such as removing the protective 'roll cage,' or failure to use a helmet and seat belt." Meanwhile, "some plaintiffs' lawyers allege that Yamaha failed to report Rhino problems to the CPSC as early as it should have."
Workers' Compensation
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.
Steven Raynor sued New Berlin, Wis.-based HK Systems Inc., alleging that the company negligently failed to shield a 5-inch-wide opening that allowed access to the underside of its conveyor system's belt. While reaching beneath the conveyor, Raynor's left arm entered that opening and became snared by the belt.
Some 10 minutes elapsed before a co-worker arrived and freed Raynor's arm, which was broken in two places. The defense argued that Raynor's employer had removed a designer-installed shield that protected the opening, but it ultimately agreed to a pretrial settlement.
To see the full report on this case, go to VerdictSearch.com.
General
Whole Foods recalling possibly contaminated beef
Two people in Pennsylvania reported illness after eating beef from Whole Foods. It is feared that E. coli contamination occurred.See the entire story from HuffingtonPost.com here.
New Consumer Safety Legislation
Your world is about to become significantly safer. Last week, Congress passed the strongest consumer protection legislation in decades. This is good news for all of us, especially our children.The new law nearly doubles CPSC funding by the year 2014. The agency will be able to build a new testing lab and add more than 100 staff positions. CPSC will soon have full-time inspectors at the major ports of entry looking for dangerous products before they can enter the country.
It will also have the power to impose much larger civil penalties on companies that break the rules. The maximum fine goes from $1.8 to $15 million.
Do you think something like this would have been passed if Republicans controlled Congress? See...your vote really DOES matter.To see the full article, go here.
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
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