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Workers compensation claim filed against Sayre Borough

Athens attorney Maureen T. Beirne nominated by governor for county judgeship

Press Release: Carrie Carroll Awarded Honor

CraftMaster offering buyouts to its salaried employees in Towanda, Pa

Bradford County launches victim notification system

Bradford County Court House In The News

CNN: What To Do After A Car Accident

Windham Township: Department 28 to dissolve

OSRAM Sylvania fined $6,273 by DEP

OSRAM's Towanda plant sold to Austrian company

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Workers compensation claim filed against Sayre Borough
Carroll & Carroll, P.C. is in the news! This article is about one of our clients. She used to be the Sayre Borough secretary.
Athens attorney Maureen T. Beirne nominated by governor for county judgeship
HARRISBURG — Gov. Ed Rendell nominated two attorneys Sunday to fill Common Pleas Court judgeships in Luzerne and Bradford County that have been vacant since January.
Press Release: Carrie Carroll Awarded Honor
Carrie L. Carroll, Esquire, of Carroll & Carroll, P.C., has been chosen for the 2008/2009 Cambridge Who’s Who among Executives, Professionals and Entrepreneurs. Inclusion in the Registry is an honor limited to individuals who have demonstrated leadership and achievement in their industry and occupation. Carrie is the managing partner at C&C Law, a regional law firm focusing on the needs of injured people. Carrie’s profile can be read at www.WeKnowInjuryLaw.com
CraftMaster offering buyouts to its salaried employees in Towanda, Pa
Due to the continued slowness of the housing and building products market, CraftMaster Manufacturing, Inc. has offered a voluntary severance program to its salaried employees, according to a news release from the company.
Bradford County launches victim notification system
Crime victims will now be able to track the status of offenders through an automated notification system. Wednesday Bradford County District Attorney Daniel Barrett and Bradford County Victim Services Coordinator Francine Griffin announced that an automated victim notification system called SAVIN has been implemented in Bradford County. This system will help victims remain aware of the status of any offender housed in the Bradford County Jail. Victims can call 1-866-972-7284, toll free, for live operator assistance or log on to www.pacrimevictims.state.pa.us to access the service.
Bradford County Court House In The News
Stale smell of closed government persists at county courthouse
CNN: What To Do After A Car Accident
This is an article from CNN explaining the many things to do, and not to do, after you are involved in a motor vehicle crash. In the library section we have a few articles giving basically the same advice and also adding to the list.
Windham Township: Department 28 to dissolve
The Windham Community Fire Department, also known as Department 28, announced its intentions to dissolve in a letter sent Tuesday to the township supervisors.
The company will no longer be providing fire protection services as of May 13, according to the letter sent by Athens attorney Maureen Beirne.
Beirne has been retained by the WCFD for the purpose of dissolving the corporation.
There are several reasons behind the dissolution of the department, according to Beirne.
OSRAM Sylvania fined $6,273 by DEP
The Department of Environmental Protection has fined OSRAM Sylvania Products Inc. $6,273 for hazardous waste violations discovered in January at its manufacturing plant in North Towanda Township and Towanda Borough, the agency said in a news release that it issued on Tuesday.

“Our two-day hazardous waste generator inspection conducted in January revealed labeling and storage violations that were immediately corrected by the company,” said DEP Northcentral Regional Director Robert Yowell. “The DEP is always concerned when these types of violations occur because hazardous waste can be a serious threat to human health and the environment if not managed properly.”

DEP inspectors found that OSRAM Sylvania did not label two large containers of hazardous waste sludge and a third container was found to be open with hazardous waste deposited on the floor surrounding it, the release said. Both are violations of federal and state regulations, the agency said.
OSRAM's Towanda plant sold to Austrian company
Food poisoning reported in Sullivan County
Bradford County: Losinger resigns as warden of jail
Inmate from Bradford County jail dies at hospital
An inmate at the Bradford County Correctional Facility, Ralph Starace Sr., was found unconscious in his cell at approximately 2:30 p.m. on Wednesday, according to a news release from the Bradford County Prison Board.
Bradford County to repair courthouse air conditioning equipment
Good. Sometimes it gets hot in those court rooms.
Craftmaster announces permanent layoffs
Citing deteriorating market conditions in the housing and building industry, Craftmaster Manufacturing Inc. in Towanda announced Wednesday it is indefinitely laying off 46 operating employees at it mill at the end of March.
Pain lasts long after traumatic injury: U.S. study
This is a news article about a study of how long people suffer from pain after a traumatic injury caused by a automobile accident or other traumatic event. More than 60 percent of the study participants suffered significant levels of pain a year after the injury.
DEP fines Cargill for brine spill in Wylusing, Pa
The Cargill Meat Solutions Corporation in Wyalusing Township was fined for illegally discharging 1,192 gallons of brine last year into Brewer Creek.
Bradford County Court House In The News
This is an article about how the Bradford County Court is managing with one Judge. Judge Mott was voted out of office last year and now Judge Smith is taking on most of the burden.
We Lost a Judge Yesterday
Judge ousted from the bench -- Mott loses 20-year position by 2-1 margin
Beef Recalled From Cargill's Wylusing, PA Plant
The giant agribusiness company Cargill Inc. said Saturday it is recalling more than 1 million pounds of ground beef that may be contaminated with E. coli bacteria.

The ground beef was produced October 8-11 at Cargill Meat Solutions' plant in Wyalusing, Pennsylvania and distributed to retailers.

Affected retailers include Giant, Shop Rite, Stop & Shop, Wegmans and Weis in Connecticut, Maine, Maryland, Massachusetts, Michigan, New Jersey, New York, Ohio, Pennsylvania and Virginia.
Windham supervisors ordered to pay former fire department
INSURANCE COMPANIES INCREASE PROFITS AT THE EXPENSE OF POLICYHOLDERS
New Case From Pa. Superior Court re. No Felonly Conviction Recovery Rule
Elmira Women Gets New FDA Approved Procedure
Settlement reached against Cargill Meat for $1.1M
Fisher-Price recalls 1M toys
Asbestos and Aging Pipes Remain Buried Hazards
Defective Product: Concerns About Easy-Bake Oven
Defective Product Recall: Crib Bumpers
Jury Awards $1.2 Million in 2002 Amusement Park Death
ERISA Bars Medical Expense Lien Against Child's Trust
Fla. Jury Awards $6 Million to Man Injured in Ford Rollover
Injured Concertgoer's Suit Proceeds Against Coliseum
Source of Jury Pool Has Expanded
Pennsylvania courts will be able to draw from a broader pool of people to serve jury duty under a law Gov. Ed Rendell signed Tuesday. The law will create a list of potential jurors drawn not only from rolls of registered voters and licensed drivers, but from state income tax filers and those receiving welfare payments or food stamps.
Evidence of seatbelt non-use permitted in products liability case involving airbags
Man severely injured in car accident awarded $7.6 million by Delco jury
New York Times Editorial on Judge Bork's Slip and Fall Lawsuit and His Hypocrisy
This is an editorial from the NY Times re. Judge Bork's hypocrasy on his recent lawsuit against the Yale Club for a slip and fall that occurred there. Just like I always say....it's fun to bash lawyers and lawsuits until you've actually been wronged. Then it's not so fun anymore....
Another Contact Lens Solution Recall - Advanced Medical Optics Inc
Study debunks the Medical Malpractice crisis
The majority of medical malpractice claims in a study of seven states were closed without any compensation paid to those claiming a medical injury, the Justice Department’s Bureau of Justice Statistics (BJS) announced today.
A New Baby has joined the firm!!
New Supreme Court case re. pay discrimination

Workers compensation claim filed against Sayre Borough

Workers’ compensation litigation has been filed against Sayre Borough by former secretary Jo Ann Daly, who resigned from her position with the borough July 9 and is now working in a position at Keystone College.

The litigation was filed against the borough on June 9, a month prior to her resignation, according to James Carroll, Esq., who is representing her in the matter.

Daly had worked for the borough in various capacities for nearly 12 years, according to Carroll, and had suffered with a long-standing work related injury prior to her resignation.

“She truly enjoyed her job but felt that continuing to work in the building under the requirements established by her employer would be detrimental to her health,” said Carroll.

The litigation was filed due to the borough’s alleged refusal to change these working conditions, despite several attempts, that caused Daly’s injury.

Sayre Borough Council President Henry Farley noted that the injury referred to is a skin condition, but didn’t have any further comment on the issue since the borough hadn’t officially received her letter of resignation.

She’s currently receiving workers’ compensation, Farley added, and he hopes they can address the issue at the borough’s regular monthly meeting on Thursday at 6 p.m.
Borough solicitor Jonathan Foster, Esq., was unable to comment on the issue due to it being a personnel matter.

Athens attorney Maureen T. Beirne nominated by governor for county judgeship

Joseph J. Musto, a Wilkes Barre attorney, is the governor’s choice for the Luzerne judgeship and Maureen T. Beirne, an Athens attorney, is the governor’s choice for the Bradford judgeship, said Chuck Ardo, Mr. Rendell’s spokesman.

Mr. Musto is the brother of Sen. Raphael Musto, D-Pittston Township. He would fill the the seat vacated when Judge Michael Conahan retired.

Ms. Beirne would fill the seat that became vacant Jan. 8 when Judge John Mott left office. Judge Mott lost a retention election.

The nominations came one week after the governor and Senate Republican leaders reached an agreement on nominees to fill four vacant state appeals court seats.

The Senate confirms nominees for judgeships on a two-thirds vote, or vote of 34 senators. That means support from senators of both parties is needed.

Judicial nominees appear before the Senate Judiciary Commitee for a public hearing.

With the Legislature hoping to wrap up work this week on the state budget and leave for a summer recess, its uncertain whether a Senate confirmation vote on these two nominees could occur before the fall.

Press Release: Carrie Carroll Awarded Honor

CraftMaster offering buyouts to its salaried employees in Towanda, Pa

Due to the continued slowness of the housing and building products market, CraftMaster Manufacturing, Inc. has offered a voluntary severance program to its salaried employees, according to a news release from the company.

Robert Merrill, company president and CEO, states that the program is being offered on a strictly voluntary basis, according to a news release.

The severance program may appeal to employees who are considering retirement, Merrill said.

“Since early last winter, the overall business climate, especially in housing starts and remodeling construction, has continued to erode to a point where CMI must make additional adjustments to its business plan,” Merrill said. “This is one option that the company can offer without too much disruption to employees or the business.”

Employees who wish to take advantage of the program had until May 23, 2008 to communicate their intentions, the news release said.

The announcement of the voluntary severance program comes two months after CraftMaster Manufacturing announced 46 layoffs at its plant in Wysox Township.

CraftMaster spokesperson Jackie Johnson said the company would have no further comment on the voluntary severance program beyond its news release.

CMI is a Chicago-based manufacturer and marketer of CraftMaster interior doors; MiraTEC treated exterior composite trim; and Extira treated exterior panel.

The company’s manufacturing facility in Wysox Township has a 38-year history of producing building products for the commercial, industrial and residential markets.

CMI also operates door-manufacturing facilities in Christiansburg, Va., and Ozark, Ala.

Bradford County launches victim notification system

Bradford County Court House In The News

This is an editorial from The Towanda Daily Review. I'm not sure what to make of this whole issue.

The Bradford County commissioners appear to reluctantly have made minimal compliance with The Review’s formal request for the details of the unexpected resignations of two high county officials.

The commissioners released the brief letters of resignations from both men, with the exception of a roughly two-line portion that was redacted. In addition, they said other documents, such as any settlement agreements, requested by The Review did not exist.

The letters of transmittal were signed by Commissioner Chairman Mark Smith and Commissioner John Sullivan. Commissioner Doug McLinko has been out of the area.

The released letters of resignation do nothing to reveal the circumstances under which Warden Kevin Losinger and Human Services Director William Lavelle suddenly quit their posts.

To give Commissioner Smith the benefit of the doubt, he is being cautious in order to protect the county from any litigation that might arise from the resignations. Given that Mr. Smith is new to elective office and inexperienced in such matters, one could make the argument that his caution is understandable.

But what Mr. Smith also needs to understand are his obligations to conduct the public’s business publicly. For too many years, on significant matters, there has been a conspiracy of silence among some elected officials in the county courthouse. We have run into that stone wall before. We have seen it first-hand and have attempted to counter it.

Now, it is disconcerting that under a fresh commissioner majority, the same stubbornness in letting taxpayers know about important developments continues. Warden Losinger was the head of a controversial, troubled institution. Mr. Lavelle was the head of an operation that consumed about one-third of the county’s nearly $60 million annual budget. These are not minor posts. High-level resignations that come suddenly, without explanation, and without congratulatory fanfare, often mask deeper problems.

Whether that’s the case here no one in the public can know because the appropriate county officials won’t talk. Instead, they remain quick to invoke the tiresome narrow legal interpretation that it’s a personnel matter, with so-called liberty interests at stake, and lawyers do not want them to talk about it for fear of being sued. Such an excuse, in itself, is a vivid red flag that there may be something very wrong. We urge all public officials to quit hiding behind the legal mumbo jumbo, apply some common sense, and be candid with the people who elected you to run government openly.

No matter how one looks at it, the county’s reticence regarding the resignations does not auger well for the future of open administration of county government. There are other issues pending that need airing. This is in inauspicious beginning for the new regime.

In the instant cases, when we pressed for the letters of resignation, we got the runaround. We were told they were not public records. We insisted they were, but it took a formal, legal demand to prove an elementary point that should have been obvious. Why couldn’t the letters have been released immediately? After all, there was nothing of substance in them, with the possible exception of the redacted lines and they could have been blacked out at the outset, if truly exempt under the law – a point not yet fully settled, as far as we are concerned.

So, one is left to conclude that the same stifling lack of candor, perhaps an indifference to public sentiment that has been all too evident in some quarters of county government in the past, has not dissipated with the election last fall of a new commissioner majority.

Alas, after needless legal maneuvering, we now have the letters of resignation and the public is no better informed than before they were released.

With the passage by the state Legislature and signing into law by Gov. Rendell of a new, much tougher public records act that will go into effect next year, it is the dawning of a new era in transparency in government in Pennsylvania. In Bradford County, newly elected Commissioner Smith, Commissioner Sullivan, returned to the commission following a defeat four years ago, and Commissioner McLinko, re-elected to a second term, must do better by their constituents.

CNN: What To Do After A Car Accident

Windham Township: Department 28 to dissolve

OSRAM Sylvania fined $6,273 by DEP

OSRAM's Towanda plant sold to Austrian company

Subject to the approval of the relevant antitrust authorities, OSRAM, one of the
leading lighting manufacturers of the world, today announced the sale of its Global
Tungsten and Powders (GTP) business unit to Plansee Group, of Reutte, Austria.
The sale will include a United States facility in Towanda, PA and Sylvania Tungsten
s. r.o., a subsidiary of OSRAM`s Bruntál operation in the Czech Republic. GTP has
more than 1000 employees, sales accounted for approximately 280 Mio. EUR in
Fiscal Year 2007. The sale price was not disclosed.

Food poisoning reported in Sullivan County

An incident involving 14 people being treated for food poisoning occurred recently in Sullivan County.

According to the Lycoming County Communications Center, several of the people were sent by ambulance to Memorial Hospital in Towanda. The spokesman also said one man was flown to Geisinger Medical Center in Danville due to chest problems.

Memorial Hospital in North Towanda acknowledged Monday that they had treated and released some patients for food poisoning. Further details are pending.

Bradford County: Losinger resigns as warden of jail

Towanda, Pa. -

    After seven years as the warden of the Bradford County Correctional Facility, Kevin Losinger resigned during a special prison board meeting Monday.
The reason behind Losinger’s resignation was not given.
    “Due to the fact that this is a personnel matter, it will not be commented on any further,” a press release from the prison board stated.
    Bradford County Sheriff Steve Evans, the chairman of the prison board, has been appointed to fill in as warden until a replacement can be found.
    Evans will “take over complete control immediately,” the release stated.
Evans operated the facility prior to the hire of Losinger.
    “Sheriff Evans is both experienced and qualified and has the prison board’s complete confidence to operate the facility while the search for a new Warden is being conducted,” the release stated. “The prison board would like to assure the public and those who may have family members in the facility that it is in good operation.”
    A great deal of controversy has faced the jail throughout Losinger’s tenure as warden, some of it related to him, much of it related to the expansion project at the facility, which was completed earlier this year.
    That project was facilitated by an overcrowding concern at the jail, which led to inmates sleeping on the floors of cells due to a lack of space. Inmates were also being sent out of the county to Tioga County, Pa., to be housed at their jail.
    Last week a suicide was reported at the facility.
    The Bradford County Coroner’s office named the cause of death for 44-year-old Ralph Starace Sr. as being “the result of hanging with no foul play.”
    This is the second such incident at the facility in recent years. However, previously the suicide was only attempted.
    It is not clear if the suicide is related to Losinger’s resignation.

Inmate from Bradford County jail dies at hospital

Starace was transported to Memorial Hospital in Towanda by ambulance, the release aid. At 4:20 p.m. Wednesday Starace was officially pronounced dead by Bradford County Coroner Tom Carman, the news release said.

As required by law, Pennsylvania State Police and Coroner Tom Carman will fully investigate the situation, the release said. An autopsy will be performed to determine the cause and manner of death, the release said.

Mark Smith, chairman of the Bradford County commissioners, said he could not comment on the death, as it is under investigation by the state police.
He referred all questions to the state police in Towanda. The Prison Board's news release was issued at 9:30 p.m. Wednesday.

State police said Wednesday night that they had no additional information to distribute on the death. A state trooper said the state police hoped to issue an additional news release about the death today.

Bradford County to repair courthouse air conditioning equipment

Craftmaster announces permanent layoffs

Pain lasts long after traumatic injury: U.S. study

WASHINGTON (Reuters) - A surprising number of people -- more than 60 percent -- still suffer significant pain a year after a traumatic injury in a car crash or other cause, showing the need for better pain treatment, researchers said.

In a study published on Monday in the journal Archives of Surgery, researchers tracked 3,047 patients ages 18 to 84 from 14 U.S. states who survived an acute traumatic injury.

A year after the injury, 63 percent reported that they still experienced pain related to the injury, with most having pain in more than one region of the body.

On average, the patients assessed their pain at 5.5 on a 10-point scale -- a level at which they would be expected to have moderate to severe interference with daily activities.

"I was surprised that the pain was as common and as severe as they reported it to be," said Dr. Frederick Rivara of the University of Washington in Seattle, who led the study.

"The implications are that we need to do a much better job of identifying pain in these patients, treating it adequately and treating it early," Rivara added in a telephone interview.

The people in the study sustained head injuries, broken limbs, chest or abdominal trauma and other injuries in motor vehicle crashes, falls and other circumstances.

Pain was most commonly seen in joints and limbs (44 percent of patients), the back (26 percent), the head (12 percent) and neck (7 percent).

Rivara noted that people who experience chronic pain are at higher risk for depression and for being unable to work or function normally.

"The focus up until now in a lot of our care is on whether you live or die, which is obviously important. But we can't just stop there. And I think we need to look at what are the things we can do to improve people's lives after serious illness or injury," Rivara added.

The American Pain Foundation, a Baltimore-based advocacy group, said the financial cost exacted by chronic pain in the United States -- including health-care expenses, lost income and lost productivity -- is estimated at $100 billion a year.

The group said back pain is the leading cause of disability in Americans under 45 years old.

"There are hundreds of thousands, if not millions, of people who have had traumatic injury when the focus has been the injury and the destruction of tissue and not the pain. Pain has been a secondary consideration (during treatment)," said Will Rowe, American Pain Foundation chief executive officer.

"In many instances, the injury heals and the pain persists. That's the story that needs to be told," Rowe said.

DEP fines Cargill for brine spill in Wylusing, Pa

According to a news release, The Department of Environmental Protection (DEP) fined the beef processing plant $2,865 for discharging the brine into the creek in December 2007.

The fine was paid to the Clean Water Fund, which according to the news release is used to fund cleanups throughout Pennsylvania.

Mark Klein, spokesman for Cargill, said this was an “unfortunate accident” and they “reacted to it quickly when the problem was detected.” He also said that they have clean up materials on site for incidents like this. Klein also stated that Cargill voluntarily reported the discharge to the DEP.

According to the news release, “The release occurred when a process drain became clogged, allowing industrial waste to back-up to the facility’s loading dock. From there, the waste overflowed into a storm sewer and discharged to Brewer Creek.”

“This illegal discharge could have been avoided if Cargill had a better preventative maintenance program,” said DEP Northcentral Regional Director Robert Yowell said. “The company has taken the appropriate steps to prevent this from occurring again in the near future.”

According to the DEP, “Cargill has since modified its preventative maintenance program and brine inventory. The company has locked an overflow valve to allow only authorized employees to operate it. Every authorized employee is required to be trained on its proper use.”

Klein also mentioned that Cargill is in the process of developing an environmental management system as a way to control and improve their environmental performance.

Bradford County Court House In The News

We Lost a Judge Yesterday

Judge ousted from the bench -- Mott loses 20-year position by 2-1 margin.

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According to the unofficial tally, 10,655 people cast "no" votes, representing 64.75 percent of the voters, while only 5,801 people, or 35.25 percent of the voters, said "yes" to retention.
"No, I don't have any comment," Mott said as he walked out of the courtroom where people sat watching election numbers being marked up on a large, tall board propped in front of the bench.
Jack Fox, a Mott campaign official, sat in the audience. He also didn't have comment.
Susan May, another Mott supporter, who also watched in the hot courtroom with her husband, Jerry May, however, said she was disappointed. She had some hard words aimed at the Committee to Oppose Mott, which formed to defeat the judge's retention.
"I'm saddened the county has succumbed to this hate group," she said. "Canton had a gang at the high school, and now it has an adult gang. The hate gang has permeated the whole county."
Before Mott left, he hugged his supporters who sat with him and his family. His wife, Brenda K. Mott, was also there.
Bill McNett, co-chairman of the Committee to Oppose Mott, was happy with the vote. He provided a statement on a white, typed piece of paper:
"The Committee to Oppose Mott has worked very hard to achieve this result and we are certainly pleased. However, we find it hard to view this as a win. No one in Bradford County, and particularly in the village of Canton, ought to feel that they have won after the ordeal that has been imposed upon us. Still, it is the better of two unsatisfactory choices."

Beef Recalled From Cargill's Wylusing, PA Plant

The giant agribusiness company Cargill Inc. said Saturday it is recalling more than 1 million pounds of ground beef that may be contaminated with E. coli bacteria.

The ground beef was produced October 8-11 at Cargill Meat Solutions' plant in Wyalusing, Pennsylvania and distributed to retailers.

Affected retailers include Giant, Shop Rite, Stop & Shop, Wegmans and Weis in Connecticut, Maine, Maryland, Massachusetts, Michigan, New Jersey, New York, Ohio, Pennsylvania and Virginia.

Cargill learned the meat may be contaminated after the Agriculture Department found a problem with a sample of the beef produced on October 8, the company said. The bacterium is E. coli O157:H7.

"No illnesses have been associated with this product," John Keating, president of Cargill Regional Beef, said in a statement. "We are working closely with the USDA to remove this product from the marketplace."

E. coli is harbored in the intestines of cattle. Improper butchering and processing can cause the E. coli to get onto meat. Thorough cooking, to at least 160 degrees internal temperature, can destroy the bacteria.

E. coli O157:H7 is a potentially deadly bacterium that can cause bloody diarrhea and dehydration. The very young, seniors and people with compromised immune systems are the most susceptible to E. coli.

Cargill Meat Solutions, based in Wichita, Kansas, is the umbrella organization of Cargill's beef, pork and turkey businesses.

The Wyalusing plant produces 200 million pounds of ground beef annually.

Cargill Inc., based in Wayzata, Minnesota, is one of the nation's largest privately held companies. It makes food ingredients, moves commodities around the world and runs financial commodities trading businesses.

Windham supervisors ordered to pay former fire department

WINDHAM - A legal battle between the Windham Township Supervisors and the former Windham Township Fire Department, known as Windham Township Volunteer Fire Company Department 19, is officially over - at least for now.

On Friday, the attorney for the fire department announced that a judge has made a decision in their favor in a lawsuit the department launched against the township.

According to the law firm Carroll & Carroll, P.C. of Athens, Judge Thomas C. Raup found that the township and the board of supervisors breached the lease it had with Department 19 for the use and maintenance of the Windham Fire Hall and Community Center. Raup rendered the decision after a full-day hearing, during which attorney Jim Carroll argued on behalf of Department 19.

According to the judge, the supervisors breached the lease when they declared the lease null and void on June 3, 2002. Raup ordered that the township pay the department $15,000, plus interest, from the date of the breech. He did not, however, order that the township reinstate the fire company.

Department 19, left the township in 2003, taking its fire equipment with them. The township now has a contract with the Windham Community Fire Department, Department 28.

Department 19's departure was based on a disagreement between its members and township officials over a variety of issues, including the operation of the township community hall and money the township said it was owed.

The departure came after the supervisors eliminated their lease, a 99-year lease, with Department 19.

INSURANCE COMPANIES INCREASE PROFITS AT THE EXPENSE OF POLICYHOLDERS

Use the link below to watch the news story that aired on PBS' NOW. It focused on tactics being used by the insurance industry to increase profits at the expense of their policyholders. The show includes an interview with David Berardinelli, author of the book “Allstate: From Good Hands to Boxing Gloves” and some of the information he was able to obtain from the “McKinsey documents.” McKinsey was a consulting firm Allstate hired several years ago to improve its bottom line. As one of the documents said to Allstate: ”Allstate Gains….Others must lose.”

New Case From Pa. Superior Court re. No Felonly Conviction Recovery Rule

Attached is a link to Holt v. Navarro from August 16, 2007 where the Superior Court reverses a trial court jury verdict of over 350K based upon the "no felony conviction recovery" rule. In the case, the Plaintiff was being transported between psychiatric facilities and escaped. Ultimately (the facts are interesting), he was arrested after assaulting a police officer and convicted of a felony. He then filed suit for negligence and prevailed at trial. The Superior Court reverses the verdict because it holds, as a matter of law, that under the "no felony conviction recovery" rule, the law precludes an individual from benefiting in a civil suit flowing from his criminal convictions. Also, the Superior Court finds that the trial court never made a determination as to proximate cause before sending the case to the jury and instead denied a motion for a nonsuit and sent the case to the jury with a factual cause instruction.

Elmira Women Gets New FDA Approved Procedure

An Elmira woman is the first person in our area to get a newly developed neck surgery just approved by the food and drug administration. The procedure using an artificial disc is designed to help patients with severe neck problems.

On Tuesday Jennifer Canali of Elmira was the first to receive the surgery at Wilson Regional Medical Center in Johnson City. The surgery was performed by Doctor Saeed Bajwa.

Settlement reached against Cargill Meat for $1.1M

A $1.1 million settlement has been reached in a federal class action suit against Cargill Meat Solutions Corp., with former and current employees each getting up to $900 after claiming they were not paid for all the hours they worked.

Fisher-Price recalls 1M toys

We've posted other recent toy recalls due to lead paint used in the China manufacturing process. However, it's a surprise that Mattel didn't catch this problem sooner or even prevent it from happening. The company has the reputation of being the safest.

Here is a link to pictures of the specific toys that should be pulled.

And remember why this is a hazard....if your child has too much lead in the his or her system it could cause serious, long lasting health problems. With childrens' toys there is a particular concern due to the tendancy to put the toys in their mouths.

Asbestos and Aging Pipes Remain Buried Hazards

From the NY Times:

"Exploding steam pipes and manhole covers popping loose and flying skyward, a constant in New York for decades, had all but disappeared in recent years. But the city got a reminder of the vulnerability of its aging infrastructure yesterday when a 24-inch steam pipe that was laid in 1924 exploded in Midtown near Grand Central Terminal, leaving one person dead and more than 30 injured. Mayor Michael R. Bloomberg said cold water apparently got into the pipe, producing a change in pressure and the blast. Because the pipe was near a water main, the explosion sent water, steam and debris skyward. Kevin Burke, chief executive of Consolidated Edison, which operates the city’s steam network, said that during rainstorms yesterday pipes could have been surrounded by cold water, causing dangerous condensation…The event yesterday stoked fears not just because of the power of the blast, but because many of the city’s oldest steam pipes are covered with asbestos for insulation, and those around the accident could be at risk if they inhale significant amounts of tainted air.”

Asbestos exposure will be a major problem, I believe, for the next 100 years. This is just another example of that fact.

Defective Product: Concerns About Easy-Bake Oven

From the New York Times:

"Hasbro Inc., the world’s second-largest toymaker, recalled about one million Easy-Bake Ovens after receiving reports of serious burns and 278 incidents of children getting hands or fingers caught in openings. The company, based in Pawtucket, R.I., had offered repair kits for the ovens in February after receiving 29 reports. It decided to recall the toys after learning that part of a 5-year-old girl’s finger had to be amputated because of a severe burn, a spokesman, Wayne Charness, said. People should stop using the ovens and contact Hasbro for instructions to exchange the toy for a voucher, the company said. Ovens sold before 2006 are not part of the recall."

Defective Product Recall: Crib Bumpers

“In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Pottery Barn Kids, of San Francisco, Calif., is voluntarily recalling about 31,000 Matelassé Crib Bumpers. The decorative stitching on the bumper’s edge can come loose, posing an entanglement hazard to young children.”

Jury Awards $1.2 Million in 2002 Amusement Park Death

“A jury awarded $1.2 million to a couple whose daughter was killed five years ago when an amusement park roof broke loose during a storm. The Allegheny County Common Pleas Court jury issued its verdict Friday in the case over the death of Stephanie Wilkerson, 29, of Monroeville, who was killed May 31, 2002, during the storm at Kennywood Park. Strong winds toppled a pavilion housing The Whip ride, and Wilkerson was struck by the collapsing roof and pinned against a metal fence. Judge R. Stanton Wettick Jr. divided the case into two parts, asking jurors to determine damages suffered by the Wilkersons. A later proceeding on punitive damages will determine liability on the part of Kennywood or the Landeau Building Co., which built the pavilion in 1994, and what percentage of the $1.2 million is owed by each.”

ERISA Bars Medical Expense Lien Against Child's Trust

From Law.com: In a huge win for lawyers representing children injured in auto accidents, a federal judge has ruled that an ERISA insurer has no right to enforcement of a lien for medical expenses when the minor's settlement funds are placed in a "special-needs trust."

According to court papers, Elizabeth Mills was seven months pregnant with Grace Mills in October 2004 when the car she was driving was struck at an intersection where the stop sign was allegedly obscured by foliage.

The driver's-side impact caused serious injuries to Elizabeth Mills and her husband, Stephen Mills, and required the emergency premature delivery of Grace Mills, who now suffers from cerebral palsy due to a stroke at the time of her birth.

Under the terms of the proposed settlement, Grace Mills would be paid $500,000, her father's share would be $125,000, and her mother's share would be $275,000. After deducting attorney fees of 25 percent, the net settlement payable to the special-needs trust for Grace Mills would be about $357,000.

ACS moved to block court approval of the settlement until its lien was satisfied, arguing that it was entitled to be reimbursed for more than $123,000 in medical expenses for Grace Mills.

But Fullam found that the ERISA plan specifically states that a beneficiary "must sign a reimbursement agreement before benefits will be paid."

Stephen Mills, he noted, testified "without contradiction" that he was never asked to sign any such reimbursement agreement.

"Thus, it may be that ACS should be deemed to have waived its right to assert a lien," Fullam wrote. "Stated otherwise, it may be that, by paying the medical benefits without first obtaining plaintiffs' agreement to recognize the lien now claimed, ACS may have impaired its right to assert such a lien."

"In the final analysis," Fullam wrote, "the real dispute generated by ACS' opposition [to the settlement] is between ACS and the taxpayers who, in the future, will be called upon to bear the minor's medical expenses. ACS was paid premiums for its coverage; the taxpayers have not been."

Fla. Jury Awards $6 Million to Man Injured in Ford Rollover

After a six-week product liability trial, a Broward Circuit Court jury in Florida Wednesday awarded $6 million to a 22-year-old man for injuries he suffered five years ago in the rollover of a 1993 Ford Aerostar van.

It was a victory for plaintiff Julian Felipe, who was temporarily paralyzed after the accident, and his attorney, Ervin A. Gonzalez of Colson Hicks Eidson in Coral Gables, Fla. The jury found that Ford Motor Co., the sole defendant in the case, was negligent in putting the vehicle on the market with a defect in the design and manufacture of its roof structure that led to a roof collapse. Circuit Judge Thomas M. Lynch IV presided over the case.

Ford had eight lawyers in the courtroom, including outside counsel from Carlton Fields. None could be reached for comment.

Kristen Kinley, a Ford spokeswoman, said, "This was a tragic and severe accident. However, there was no credible evidence introduced at trial to support a jury finding that a vehicle defect caused Mr. Felipe's injury. The 1993 Aerostar performed as designed and exceeded federal standards and it is unfair to blame Ford for Mr. Felipe's injury."

Felipe was a passenger in the right front seat, with his mother Mirtha Felipe driving, when the vehicle's right rear tire blew out while car was on State Road 93 in Lee County. In the rollover, the roof of the van caved in on the side where Felipe was seated, and he suffered a broken neck.

After a period in which he was confined to a wheelchair, Felipe regained the ability to walk, although he still has a brace on his right leg and must use a cane. He also suffered damage to the nerves controlling his right arm and hand so that he can no longer use his fingers.

Ford's attorneys argued unsuccessfully that the automaker should not be held responsible because the vehicle was 9 years old at the time of the accident and had been purchased as a used vehicle by Felipe's mother in 1999. The company also asserted that the van met all the minimum federal motor vehicle safety standards and that the rollover was a freak occurrence.

Gonzalez countered that Ford knew or should have known that the Aerostar was unstable, had handling problems, and had a high center of gravity that would make it difficult to control during emergency maneuvers. He argued that those defects came into play when the car suffered a tire failure, causing Felipe's mother to lose control of the vehicle and the vehicle to roll.

Experts for the plaintiff testified that the roofs in Ford's trucks and vans deformed at speeds as low as 5 miles per hour, crushing the passenger closest to the initial impact. "This is unacceptable and immoral in my opinion," Gonzalez said in a news release after the verdict.

"The cost of fixing this problem is $25 per vehicle," he said. "But Ford figures that it is cheaper to litigate than to mitigate, because the percentage of injury isn't large enough in their opinion, so they gamble with people's lives and put them at risk. That's just wrong."

The six-person jury decided that Felipe was entitled to about $3 million in compensatory damages for his past and future medical expenses, almost $1 million for lost earnings and $2 million for pain and suffering and the limitations his injuries put on his activities.

The jury rejected the plaintiff's request for punitive damages. Jurors also found that Ford was not guilty of negligence in the design of the seat belts on the car, although that had also been alleged in the complaint.

Gonzalez predicted that Ford would appeal, noting that at least one of the automaker's attorneys in the courtroom was an appellate specialist. "Ford always appeals verdicts like this," he said.

Injured Concertgoer's Suit Proceeds Against Coliseum

From the New York Law Journal:

woman who alleges that she was injured when rowdy patrons fell on her during a country music concert may proceed with her suit against the Nassau Veterans Memorial Coliseum in New York, a judge has ruled.

In Ferrara v. Nassau Veterans Memorial Coliseum, 5301/05, New York Supreme Court Justice John M. Galasso denied the coliseum's motion for summary judgment noting that questions of fact have been raised about the adequacy of the coliseum's security. The judge said that a jury trial is required to determine what actually happened at a Feb. 28, 2004, concert by Alan Jackson and Martina McBride.

At the concert, Albert Snolis and Diragon Isliarih, named as co-defendants in the suit, were seated in the third tier above Judith Ferrara. The two got into an altercation and at some point during the ruckus, fell on top of Ferrara.

In her complaint, Ferrara argued that the coliseum failed to supply, deploy and or situate a sufficient number of security personnel at the concert. She claimed that no security attendants were posted at the third tier and that her friend was informed of this fact when she went to find a security guard during the fracas. She said the security's delay in responding to the scene caused the altercation to continue until the two concertgoers fell on her.

The coliseum argued that there was sufficient security at the concert. It said its security staff responded expeditiously and that it should not be held responsible for the unforeseen actions of the two concert-goers. Snolis testified during discovery that he was in a scuffle with another man when they both fell over a seat into the aisle in front of them. No other patron was struck.

Snolis said that portion of the incident lasted under 30 seconds and then both men returned to their seats. He estimated that security arrived between 30 seconds and one minute after they fell in the aisle.

But Snolis said he got into a second altercation with a security officer that spilled over into the seating area. It was during this scuffle that Ferrara was allegedly injured.

In making his decision, Justice Galasso pointed to Makeshvari v. City of New York, 2 NY3d 288, in which the Court of Appeals held in a case of an unprovoked random criminal attack occurring in a parking field at a stadium music festival, the city and the security provided did not breach their duty to patrons. The court explained that although there is a common law duty to exercise reasonable care in maintaining a premise, the owners and their agents are not the insurers of a visitor's safety from random acts of violence.

But in this case, Galasso said, the situation that escalated was not a random act of violence directed at Ferrara, it was an argument between concert-goers resulting in harm to a third patron.

"The forseeability of such an event determines the scope of the duty the coliseum defendants must assume," he said.

He added: "Even if the defendants could not have prevented the altercation, a timely and adequate response under the circumstances may have stopped it before plaintiff was allegedly injured."

Stephan Persoff, a solo practitioner in Carle Place, N.Y., represented Ferrara. New York-based Hoey, King, Perez, Toker & Eps, represented the coliseum.

Source of Jury Pool Has Expanded

Evidence of seatbelt non-use permitted in products liability case involving airbags

(7/16/2007) - Evidence pertaining to a decedent’s failure to wear a seatbelt was deemed admissible by the Pike County Court of Common Pleas because such evidence was used to support defendant’s theory about the role decedent’s physical position in the vehicle had in his death. The Court requested the Superior Court affirm the order.

According to court documents in Gaudio v. Ford Motor Co., Andrew Gaudio was driving his Ford F-150 when he slammed on the brakes and veered into a ditch on the side of an intersection, hitting a rocky embankment. He was dead when rescue personal arrived, not wearing a seatbelt, and his airbag had deployed.

Decedent’s wife sued Ford, alleging the design of the airbag system was defective in the placement and quantity of timing systems and had the airbag not deployed, decedent would have suffered only minor injuries.

The jury returned a verdict in Ford’s favor. Plaintiff appealed, arguing the court erred in allowing evidence of decedent’s seatbelt non-use because it spoke to driver negligence, which, per the Pennsylvania Seat Belt Statute, is barred in a strict liability case. The court rejected this argument, referencing the Superior Court decision in Kreiensieck v. Lowery to hold that where a violation of the seat belt law is not used to prove contributory negligence, as was the case in Gaudio, but instead for the purposes of proving causation in a products liability claim, the Seat Belt Statute does not preclude evidence of non-use.

Man severely injured in car accident awarded $7.6 million by Delco jury

(6/28/2007) On June 21, an eight-member jury of the Delaware County Common Pleas Court awarded a man severely injured in a car accident $7.6 million, one of the highest awards out of the county in recent years. However, due to a settlement in 2003 for the other driver’s policy limits under a joint tortfeasor release, the injured man will only receive $100,000 of the award.

According to court documents, Bernard Redecki broke both his legs and arms and sustained internal injuries in October 1999 when Vincent J. Mow’s vehicle hydroplaned on Baltimore Pike in Chadds Ford and ran into Redecki’s car. Redecki had at least six surgeries to be able to walk again.

After Redecki settled with Mow for the latter’s policy limits in 2003, he brought a case against PennDOT arguing that the design and maintenance of the roadway allowed drains to clog and water to accumulate on the road. PennDOT never offered to settle prior to trial as, if found liable, any damages against it would have been limited to a statutory cap of $250,000.

After over two hours of deliberation, a jury found Mow 100% liable and assigned no negligence on PennDOT. It awarded $6.6 million in compensable damages and $1 million for loss of consortium.

Redecki’s lawyer and PaTLA member Thomas F. Sacchetta wasn’t surprised by the amount of the award but was encouraged to see such a high amount in Delaware County, given the county is often viewed as “fairly conservative.”

New York Times Editorial on Judge Bork's Slip and Fall Lawsuit and His Hypocrisy

Another Contact Lens Solution Recall - Advanced Medical Optics Inc

Last week, on May 29, 2007, Advanced Medical Optics Inc, of Santa Ana, California voluntarily recalled it contact lens solution .

Government officials Friday warned people to throw away AMO Complete Moisture Plus Multi-Purpose Solution, using for cleaning and storing soft contact lenses, after an investigation linked it to a rare eye infection.
The solution seems to be a factor in cases of Acanthamoeba keratitis, a painful eye infection caused by a waterborne organism that, untreated, can lead to permanent vision loss or blindness, the Centers for Disease Control and Prevention said.

CDC officials said they drew a link between the Advanced Medical Optics (AMO) product and the infection because 58 percent of confirmed cases who wore soft contact lenses had used the solution in the month before onset of symptoms, and 39 percent had used only that solution.

They calculated that wearers of soft contact lenses who had the infection were at least seven times more likely to have used AMO Complete Moisture Plus than healthy people who wear soft contact lenses.

It’s generally difficult to draw a strong statistical conclusion from a small number of cases, but in this case an association between the product and the infection was clear-cut, CDC officials said.

An estimated 85 percent of U.S. cases of Acanthamoeba keratitis occur in contact lens users, but it’s extremely rare. The estimated prevalence is one to two cases per 1 million contact lens wearers. Contact lens wearers who practice proper lens care and people who don’t wear contact lenses can still develop the infection.

Study debunks the Medical Malpractice crisis

A New Baby has joined the firm!!

Jim and Carrie are proud to announce the birth of their fourth daughter, Catherine, who was born on May 9, 2007. Mom and Catie (and Dad!!) are all healthy.

New Supreme Court case re. pay discrimination

The New York Times
According to workplace experts, yesterday’s Supreme Court ruling limiting the ability of workers to sue companies for pay discrimination will reorder the legal landscape for employees and employers. But of perhaps greater significance is that the ruling further confirms the Court's stringent approach to very short statutes of limitations, a methodology also found in recent federal laws such as the People with Disabilities Act.

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