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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Personal Injury

    5/22/2008
    James R. Carroll, Jr., Esquire
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    Federal Preemption: Working Against Consumers

    The lawsuit filed by actor Dennis Quaid and his wife, Kimberly, after a hospital unintentionally gave their newborn twins the wrong dosage of a blood-thinning drug is being contested by a drug maker on the grounds that it is immune from liability.

    Owing to rules that have been or are being rewritten by the Bush administration, any person filing a similar product liability lawsuit could face the same argument, greatly increasing the chances his suit would be lost or dismissed outright.

    In articles last week, the Associated Press disclosed that federal agencies are quietly rewriting the language used in regulating consumer products. Before the rewrites, the language included this sentence: ‘The final rule is not intended to preempt state tort civil actions,’ meaning a company can be sued if its products are claimed to be flawed. After the agencies’ rewrites, however, the language says federal preemption questions can indeed arise for a number of reasons. The Quaids’ case is an example of how companies can use the new language.

    See the Las Vegas Sun for the entire editorial.
    Labels: defective products government negligence preemption tort reform
5/10/2008
James R. Carroll, Jr., Esquire
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County liable for woman killed after making several 911 calls

The family of a woman who was strangled by her boyfriend despite repeated and desperate 911 calls was awarded $2.7 million. Deborah Kirk's family sued Franklin County, claiming that 911 operators should have sent police officers to the scene after her first hang-up call. After Kirk called and then hung up, 911 called back and she said everything was fine. She called back 15 minutes later, but the call went dead after 90 seconds. Plaintiff's counsel argued that violent sounds could be heard in the background, and that should have alerted 911 to dispatch officers. However, it wasn't until a third call five minutes later, when Kirk said she'd been hit, that police were dispatched. Police officers knocked on the door, but there was no answer so they left. She was found dead the next day. The county argued that police were to blame for her death.

Estate of Kirk v. Franklin County Sheriff's Office
 
Get a full report on this case at Verdict Search here.

Labels: government negligence personal injury wrongful death

Premises Liability: The Slip and Fall

    5/23/2008
    James R. Carroll, Jr., Esquire
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    City hit with $3.8M verdict for woman's pothole fall

    A jury awarded $3.8 million to a woman who sustained a fractured hip after stepping into a pothole at a Bronx intersection. Janie Utsey, 77 at the time of the October 2002 incident, alleged that the pothole developed after city workers failed to properly seal a prior gap in the road. She claimed that the gap reopened during the 17 months that preceded her injury. The city contended that the hole was connected to the cement platform of a bus stop and that, as such, it could not be filled in the conventional manner that Utsey had suggested. It also challenged Utsey's credibility by noting that she had provided differing accounts of the incident, but the jury was not swayed.

    Get the full report on Utsey v. City N.Y. from Verdict Search here.

    Labels: government negligence premise liability slip and fall verdict

Vehicle and Automobile Accidents

    6/20/2008
    James R. Carroll, Jr., Esquire
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    School liable for teen's car crash after going to drinking party

    A man who was rendered a quadriplegic as a teenager in a high-speed crash involving alcohol recovered nearly $13 million. Gabriel Maynoldi was 17 in 2001 when he and another teen crashed into a tree after leaving a high school party where they had been drinking. His family sued Archbishop Coleman F. Carroll High School and the Archdiocese of Miami because the principal and dance coach were at the party and were well aware of the students getting drunk in front of them. The principal and administrative officials also announced the party over the school public address system and allowed students to hand out flyers, with depictions of liquor bottles, that advertised the party. The jury awarded $55.8 million, but it was reduced because of comparative negligence finds against Maynoldi, his parents and non-party defendants. The school and Archdiocese were found 25 percent liable.

    Maynoldi v. Archbishop Coleman F. Carroll High School Inc.
     
    To see the full report of this case, go to VerdictSearch.com

    Labels: alcohol automobile accident drunk driving government negligence paralyzed school liability verdict

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