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
Personal Injury
Superior Court Holds that Restitution Is Not Covered By Insurance
The Pennsylvania Superior Court, on November 18, 2008, issued a decision in Brethren Mutual Insurance Company v. McKernan where the court holds that an insured may not seek reimbursement from his insurer for a criminal restitution award resulting from criminal prosecution.
The court notes that to allow this would run counter to the public policy of restitution which is to help the convict rehabilitate by impressing upon him in some degree the scope of the damages inflicted by his criminal conduct. The court makes sure to note that the decision should "not in any way be interpreted as affecting the law regarding insurance coverage available in civil actions based upon conduct which creates civil as well as criminal responsibility."
The court also writes in footnote 12 that, as a corollary, as part of the sentencing scheme the defendant can be directed to make a payment for restitution even though the victim has already been paid through a civil settlement or when the victim receives compensation from the victim's insurer for the loss sustained.
Vehicle and Automobile Accidents
Pennsylvania Car Accident Plaintiff's award of $400,000 Upheld On Appeal
Below is the link to the Pennsylvania Superior Court decision from May 1, 2009 in Dolan v. Fissell which deals with an appeal by the Defendant from an arbitration award in favor of the plaintiff for $28,220.This is a case arising from a car accident and, after the appeal by the Defendant, the Plaintiff filed a stipulation under Rule 1311.1 to proceed by medical reports and limit the award of the jury trial to $25,000. Prior to trial the Defense exam was favorable to the Plaintiff. The Plaintiff withdrew the 1311.1 filing and also presented the defense expert as a Plaintiff expert at the trial.
The jury awarded $434,757.25. The Defendant appealed and the published decision by Judge Klein (joined by Judges Shogun and McEwen P.J.E.) holds that the trial court in Chester County did not commit error in allowing the Plaintiff
to withdraw the stipulation to proceed on medical reports and limit her recovery to $25,000 nor in allowing the expert initially retained by the Defense to testify for the Plaintiff.
http://www.pacourts.us/OpPosting/Superior/out/a04011_09.pdf
Thanks to Attorney Scott Cooper for this information.
Pennsylvania Superior Court Case Quashing Underinsured Motorist Carrier Appeal
Here is the now published opinion in Gunn v. The Automobile insurance Company of Hartford where a 3 judge panel of the Pennsylvania Superior Court, in a 2-1 decision, quashed the appeal of an underinsured motorist carrier in a case where the trial court decision by Judge Wettick in Allegheny County allowed an underinsured motorist claim (UIM) and bad faith claim under Section 8371 to proceed simultaneously.The decision of the majority, written by Judge Allen and joined by P.J. Ford-Elliott, finds that the trial court decision was not an appealable order under Pennsylvania Rule of Appellate Procedure 313. Judge Lally-Green dissents and would find that the decision of the trial court was appealable and would reverse the trial court decision as abusing its discretion.
Of note, the case was originally a memorandum decision and no motion to publish was filed. The court docket indicates that the decision to withdraw the opinion and publish was made "after recommendation" and was thus published sua sponte.
Thanks again to Attorney Scott Cooper for this information.
Pa. Superior Court Allows UIM And Bad Faith To Proceed At Same Time
The decision of the majority (Judges Ford-Elliott and Allen) determines that under the facts and circumstances of the case the trial court decision was not an appealable order under Pennsylvania Rule of Appellate Procedure 313. Judge Lally-Green dissents and would find that the decision of the trial court was appealable and would reverse the trial court decision as abusing its discrtetion. Frank Murphy wrote the Amicus for PaAJ and Gunn is represented by PaAJ members Cindy Danel and Ken Nolan.
Thanks to Attorney Scott Cooper for this information.
Pa. Super. Rules Insured Bears Burden To Show Rejection Form Is Forgery
Attached is a copy of the Pennsylvania Superior Court decision today in Toth v. Donegal Companies. This case deals with a rejection of underinsured motorist coverage where the rejection form was signed by the spouse of the first named insured. The trial court held that the form must be signed by the first named insured and, since it was not, the form was void. The Superior Court relies upon Jackson v. Allstate Insurance Co., 441 F.Supp.2d 728 (E.D. Pa. 2006) where the District Court found that the insured failed to prove her signature on a rejection form was a forgery.
The trial court is reversed and the Superior Court holds "where a signature appears on the UIM rejection form purporting to be that of the first named insured, the insurer has complied with the statute resulting in a facially valid rejection form.
The burden would then shift to the insured to prove that his or her signature was affixed to the rejection form without knowledge or authorization." Toth now needs to show that her signature was a forgery, placed there without her knowledge or consent, and that she did not willingly waive UIM coverage or the rejection form remains valid.
Superior Court upholds case of girl's fire hose death
From PennLive.com:A Pennsylvania appeals court upheld a $4.5 million jury verdict Tuesday against a truck manufacturer over an accident near Pittsburgh four years ago in which a six-pound fire hose nozzle became a fatal projectile.
The lawsuit was filed by two families over an August 2004 incident in Coraopolis in which a hose dangling from a moving fire truck became stuck under a parked car, then whipped around and struck two 10-year-old girls standing on a nearby lawn.
Erin Schmidt died of head injuries and her close friend and classmate, Joeylynne Jeffress, suffered extensive injuries but survived.
Erin Schmidt died of head injuries and her close friend and classmate, Joeylynne Jeffress, suffered extensive injuries but survived.
The plaintiffs also include three witnesses to the accident: Erin's mother, Joyce A. Schmidt; Erin's 13-year-old sister, Lindsay; and Joeylynne's 14-year-old sister, Lauren.
A divided three-judge Superior Court panel said state law allows bystanders who witness injury to a close relative to collect damages for emotional distress under certain circumstances.
"The courts have generally concluded that the definition of 'physical harm' encompasses injury that solely manifests itself in the form of emotional shock and disturbance," wrote Judge Cheryl Lynn Allen for the majority.
The court also ruled that Sinor Manufacturing Inc. of Clinton, Okla., which purchased at least parts of the company that manufactured the fire truck, inherited liability for the accident. Sinor is now known as Freightliner Specialty Vehicles Inc.
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
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