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.

See Verdict Search here for full report on this case.

Pedestrian in Wyalusing struck by vehicle

Pedestrian knock-down cases are often the most difficult motor vehicle personal injury cases to handle, particularly when the pedestrian is a child.  One of the major issues in these types of cases is who was at fault, the driver for driving too fast and not paying attention or the pedestrian who was did not "look both ways" before they crossed the street.  In many instances, it is a combination of both.

Take, for example, the following story from the The Towanda Daily Review newspaper:

Brook Reese, 22, of Wyalusing was listed in fair condition at a local hospital Wednesday night after being struck by a vehicle on Monday.  Raymond White, 47, of Towanda was driving west on U.S. Route 6 in Wyalusing when, according to witnesses, Reese ran out in the path of White’s vehicle, police said.  White’s 2004 Chevrolet 3500 truck struck Reese, state police said.  Reese was taken by ambulance to Robert Packer Hospital, where he was listed in fair condition Wednesday night, authorities said.  The accident occurred at 5:09 p.m. Monday at the intersection of Route 6 and John Street, according to the state police from Towanda.

As indicated in the article, the pedestrian ran out in the path of the vehicle.  But, it was dark at that time of day and the question that i had was how fast was the driver travelling.  On that section of Route 6, many cars travel way too fast.  But, these are the types of facts and issues that an experienced trial lawyer and investigate.  The best thing to do is to contact an experienced personal injury lawyer to have him/her review the case details.

Woman serious after Wysox accident

SUV's Not Safer for Kids

Researchers writing in the current issue of  Pediatrics--(click for link to this research) say they have found little difference in injuries looking at crashes involving passenger cars and S.U.V.'s. The lead author of the study was Dr. Lauren Daly of the Alfred I. duPont Hospital for Children in Wilmington, Del.

Court Denies Unopposed Motion to Dismiss in Lawsuit Arising out of Uninsured Motorist Claim

Sayre Borough: Improving pedestrian safety

From The Morning Times:

A couple more incidents involving pedestrians being hit by motorists in the area around the Guthrie campus is resulting in forthcoming changes to some speed limits in that portion of the borough as well as the elimination of some parking spaces.
At Monday’s meeting of the borough’s administration committee, the committee agreed to recommend that the municipality amend its traffic ordinance to reflect these changes.

Specifically these changes focus on lowering the speed limit on South Wilbur Avenue from Hospital Place to Hayden Street and Hayden Street from South Wilbur Avenue to 100 feet west of Brock Street from 25 miles per hour to 15 miles per hour.  In addition, the borough would also eliminate the parking spaces on the west end of Howard Elmer Park on South Wilbur Avenue from West Packer Avenue to Park Place.

Council President Henry Farley noted that another Guthrie employee got struck by a motorist while crossing Wilbur Avenue, and a child riding a bicycle was struck by a motorist on Hayden Street.  “They (Guthrie officials) are asking to ‘please, slow the traffic down,’” said Farley. “Guthrie has the flashing lights (on Wilbur Avenue). They just need a speed limit sign to go with them.”  “The way it works with our speed control is the speed limit is 25, but the officer has to give the vehicle until they get to 35 before he can write the ticket,” said Borough Manager David Jarrett.

The committee will recommend that the council implement these speed limit reductions on a 90-day trial basis at the board’s Thursday meeting.  “It is critical,” said Farley. “It is not safe there, and we need to do as much as we can to calm the traffic down.”  The other proposed amendment to the traffic ordinance is aimed at improving student safety on West Lockhart Street in front of Sayre High School.

That amendment would eliminate the north side of West Lockhart Street from North Hopkins Street to South Brock Street from the residential parking permit area.  That area was originally zoned as “no parking during school hours” before it was included within the residential parking permit initiative.  “Concerns were raised earlier in the school year where you had people dropping (students) going east and you had people dropping off going west, and you’ve got kids running in between cars,” said Jarrett. “I met with the school superintendent and high school principal, and we talked over a couple of ideas.”

One of the ideas was to eliminate that portion of West Lockhart Street from the residential permit parking area, said Jarrett.  The other ideas were having an administrator from the high school out in front of the school and working to “keep things moving,” and having the police department increase its presence in that area, he explained.

The borough has already increased its police presence in that area as there is a police patrol dedicated to that school zone every morning, he said.  With two of these criteria having been met, borough officials will be pursuing the additional option of having a school administrator out in front of the school during those morning hours, Jarrett added.

Other amendments being proposed to the borough’s traffic ordinance include:

• setting 10-miles-per-hour speed limits for the entire lengths of Chacona Lane, LaBarr Lane, Oliver Lane and Repasky Lane.
• “no right turn on red signal” for motorists turning east from Lincoln Street into the northbound lane of Keystone Avenue and motorists turning west from Lincoln Street into the southbound lane of Keystone Avenue.

The committee will recommend that the council vote to advertise these proposed amendments to the traffic ordinance at its meeting this Thursday night. That session will be held at 6 p.m. at the borough on West Packer Avenue.
The council will then vote on whether to formally adopt these ordinance amendments at its Nov. 20 session.

Carroll & Carroll, P.C. handles pedestrian accidents.  You can find more information on these types of accidents here and here.

Superior Court Holds Cab Driver Not Entitled To Underinsured Motorist Coverage

Defendants agree to pay $2.9M for driver struck in intersection

Pennsylvania - Motor Vehicle Collision

A van driver who sustained multiple fractures in an intersection crash with a Mack truck received $2.9 million in court-appointed mediation. Joel Aponte, then 22, was struck by Francis Hacker who ran a red light. Aponte fractured his pelvis, femurs and C6 vertebra. He also suffered significant internal injuries that required stomach and bowel reconstruction. The settlement consisted of $1.9 million of Hacker's $2 million insurance policy and the $1 million limits of an underinsured motorist policy applicable to the van Aponte was driving.
 
To purchase the full report on this case, go to VerdictSearch.com.

District Court Holds that "Listed driver" Is Entitled to UIM Coverage

Sayre Borough: Mayor urges caution for motorists, pedestrians

Words of wisdom from Sayre, Pennsylvania Mayor Denny Thomas.

A serious car-versus-pedestrian accident that occurred on South Wilbur Avenue near the Guthrie campus last Thursday has resulted in Borough Mayor Denny Thomas urging motorists and pedestrians to use more caution when traveling down or crossing the street.

The individual who was struck last week, Kathleen Burnett of Waverly, is currently listed in critical condition in the intensive care unit at Robert Packer Hospital.  Borough Police Chief Kevin Guinane labeled the incident as an “accident” during Monday’s meeting of the municipality’s police committee. No additional information regarding last week’s accident has been released by the Sayre Borough Police Department.

There are approximately 10,000 vehicles that travel through the Borough of Sayre every day, said Thomas.  While Wilbur Avenue near the Guthrie campus has been a safety issue in the past, Guthrie officials have installed flashing yellow lights in an effort to help make that stretch of roadway safer, said Thomas.

In addition, the borough purchased “pedestrian crossing” signs that are placed in the crosswalks in the area in an effort to increase safety in that area, he noted.
Both motorists and pedestrians still need to exercise caution when traveling down or crossing any street, said Thomas.

“I’ve seen people drive their cars (while) on their cell phones,” he said. “Then you also see people coming across the ... crosswalks with headsets on, listening to music or whatever. People have to be more vigilant all the way around.”

The road in front of the old Robert Packer Hospital is dangerous.  There is so much traffic coming from/to the Guthrie campus, as well as pedestrians coming/going from the hospital to their parked cars and to downtown Sayre, that it creates a situation where walkers are likely to get hit.  Even though the article stated that no one was at fault, all it takes is a driver being inattentive for a split second to cause an accident like this.

To see the full article from The Morning Times, click here.

Driver awarded for neck injuries in low speed rear-end accident

Superior Court upholds case of girl's fire hose death

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.

Court Holds No Underinsured Motorist Coverage Under Antique/Classic Car Policy Unless Actually Occupying It

PennDOT construction workers authorized to write police arrest reports

This should be interesting....

To combat these unsafe drivers, Pennsylvania Department of Transportation highway crews are writing more and more police arrest reports targeting dangerous driving through construction zones.

The road crews only have the ability to make the initial report. The reports are then sent to the proper policing agency for further investigation. If the police find the driver was in violation of the law, then a citation is issued.

“Someone who drives in and puts another’s life in jeopardy, we follow that up,” Mike Cotter, press safety officer for District 4-0, said Wednesday as a PennDOT crew prepared for pothole work on Middle Road.

“Workers are so vulnerable, because they are so close to vehicles. Any kind of erratic driving puts them at risk,” Cotter added.

Since 1970, 10 workers in District 4-0 have been killed at construction sites as a result of drivers. The district encompasses Luzerne, Lackawanna, Wyoming, Wayne, Susquehanna and Pike counties.

Court Holds Police Officer Injured Outside His Cruiser Is A Protected Person

On July 28, 2008, Judge Joyner in the United States District Court for the Eastern District of Pennsylvania Granted the Insured's Motion for Summary Judgment in St. Paul Fire & Marine Insurance Co. v. Rhein.  Judge Joyner holds that Rhein was occupying his police vehicle at the time he was injured while conducting a routine traffic stop. 

In Rhein, the officer was injured in the course and scope of his employment.  He pulled over a speeding vehicle, stopped behind the car with his emergency lights on and exited his cruiser to conduct the stop.  At some point during the exchange of information the other driver's car began to roll backward and Rhein's hand became wedged inside the car door causing his injuries.  He settled the third party case with the other drivers insurance company and then sought underinsured motorist coverage form the Township insurer which denied coverage arguing that Rhein was not a "protected person" under the policy because he was not "occupying" the cruiser at the time of the accident.  

Applying the four (4) part "occupancy" test from the Pennsylvania Supreme Court decision in Utica Mutual Insurance Co. v. Contrisciane, 473 A.3d 1005 (Pa. 1984) the Court holds that Rhein was "occupying" the cruiser at the time of the accident.  One of the main issue to the four part test was whether Rhein was "vehicle oriented".  The court relies upon Property and Casualty Insurance Co. of Hartford v. Caperilla, 2004 WL 1551739 (E.D. Pa. July 9, 2004) where another officer was injure din a similar manner.    Thus, he is a covered and protected person and entitled to the underinsured motorist coverage.

Thanks to Attorney Scott Cooper for this information.

Unhealthy neglect of CDL standards in Pennsylvania

This is an editorial in the Towanda Daily Review on an item that we already wrote about in our library section.  You can see our article here on unfit and unhealthy truck and bus drivers.

From the Editorial....

In 2006, according to the U.S. Department of Transportation, 5,300 people died and another 126,000 were injured in accidents involving large commercial vehicles. In 12 percent of those crashes, the professional driver was found to have a physical impairment that contributed to the accident, from heart disease to sleep apnea.

Insured Not Allowed UM/UIM Benefits for Accidents Caused By Co-employee

New Case Law on stacking of uninsurance and underinsurance by Pennsylvania employees

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.

The case was Malinoski v. Fairbanks.

Contact Verdict Search here for a full report on the case.