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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Vehicle and Automobile Accidents

    9/3/2008
    James R. Carroll, Jr., Esquire
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    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.


    Labels: appeal, automobile accident, brain injury, bystanders, emotional injury, fire truck, head injury, negligence, pedestrian accident, pennsylvania superior court truck accident, wrongful death,


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