Pennsylvania Personal Injury Blog

Two brothers from Mooresville, N.C., who were injured in a deadly explosion at an International Paper Co. mill in Mississippi, have agreed to settle their federal lawsuit.

According to an article, the brothers were injured when a 12-story recovery boiler blew when workers tried to restart it after annual maintenance. The explosion happened at the Redwood plant on May 3, 2008. One man was killed and nearly two dozen others were hurt.

The boiler didn’t have adequate steam, according to the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA). OSHA fined International Paper $77,000 for two alleged violations.

The brothers, both in their late 20s, said they were burned on their faces and hands, suffered some hearing loss and were diagnosed with post-traumatic stress disorder, among other things.

They sued in U.S. District Court in Mississippi on Jan. 26, 2009. The lawsuit claimed International Paper recklessly ignited the boiler when it was filled with combustible gas.

The article stated that the settlement will help the brothers recover from financial and emotional hardships they have faced since the explosion.

An International Paper spokeswoman said six cases related to the explosion have been settled. Two are still pending in federal court and two are pending in state court.

The worker here is entitled to workers’ compensation benefits through the employer. These benefits often are inadequate and may not be enough to cover a worker and his family, especially if the incident involves serious injuries that could keep the worker away from his/her job for a long time. It may be in the worker’s best interest, however, to also contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing.

Continue reading "Lawsuit Settled Over Deadly Miss. Paper Mill Blast" »

A bridge worker who fell about 50 feet into the Hackensack River, died from his injuries. According to an article, the 55-year-old man from North Arlington, NJ was working for the CSX rail line when he fell from the Wittpenn Bridge on January 29.

The worker made his way to some pilings but lost consciousness due to hypothermia.

Emergency service workers soon hoisted him to the bridge in a basket and took him to a nearby hospital. He died several hours later.

At the time of the accident, the male worker had been on the CSX bridge near the Wittpenn, which connects Jersey City and Kearny along Route 7 in New Jersey.

The worker here is entitled to workers’ compensation benefits through the employer. These benefits often are inadequate and may not be enough to cover a worker and his family, especially if the incident involves serious injuries that could keep the worker away from his/her job for a long time. It may be in the worker’s best interest, however, to also contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing.

Continue reading "Worker Dies after Fall from NJ Bridge" »

A nursing home in Oakmont has been punished by the state and given a provisional license after an 89-year-old woman committed suicide by jumping out her third-story window, reports the post-gazette website. Her son is left full of anguish as to what exactly happened to his mother who had been admitted to the facility in July with heart problems, glaucoma, dementia, and depression. State officials downgraded the Presbyterian Senior Care nursing home known as the Willows nursing home to a provisional license until March 28th because they failed to do enough to stop the death of the 89-year-old woman.

State Inspectors reported finding notes in the facility’s records that stated the woman had “attempted to exit the facility via the stairs in a wheelchair and had expressed a desire to jump out the window.” Where the nursing home failed is that the staff did not inform a physician responsible for her care and did not “develop measures to protect the resident and to prevent injuries”. A urinary tract infection is all that was reported but not her suicidal urges.

A spokeswoman for the nursing home said, “We believe the report has omitted several key facts ... looks like we went from Sept. 19 to Sept. 24 without any type of intervention and that is not accurate.” In addition, she stated that all the windows are now locked down and the staff has been retrained to inform physicians of any major behavior or mood changes in the patients.

Continue reading "PA Nursing Home Cited for Insufficient Safeguards " »

With healthcare becoming a national topic and the economy on a continuous downward spiral, doctors at Allegheny General Hospital have released a report detailing how motorcyclists are not only endangering themselves but are costing the state money when they are involved in an accident which requires transport, many times on helicopter, and medical treatment. The details outlined on the website pittsburghlive.com report that since the Pennsylvania helmet law was repealed in 2003 there has been an increase of motorcycle riders coming into the emergency room with serious facial and head injuries. A doctor at Allegheny General Hospital stated that treatment from facial and head injuries have doubled within the last five years.

Officials at AGH hospital reported encountering 122 motorcycle-linked facial injuries from September 2003 to August 2008, when they only had 10 from 1998 to September 2003.

Dr. Joseph E. Cillo, an AGH oral and maxillofacial surgeon, said, “Riding a motorcycle without a helmet is just risky behavior. Pennsylvania repealed the universal helmet law in 2003, but mandating helmet use to motorcyclists under 21 and riders having less than 2 years experience.”

Continue reading "PA Study Concludes Motorcyclists without Helmets at Greater Risk" »

The widow of a motorcyclist killed when he collided with a western Pennsylvania housing agency’s truck, has won more than $1.6 million in a wrongful death verdict. According to an article, a jury found the Mercer County Housing Authority and an employee negligent in the death of the woman’s husband who was 52-years-old.

The widow’s husband was killed May 8, 2007 when his motorcycle crashed into a housing authority pickup truck. The truck had started to turn left and stopped a few feet into the man’s lane when the crash occurred.

The driver was cited for a left turn violation and paid a fine. The man’s widow settled separate claims against PennDOT and other defendants.

Continue reading "Widow Wins $1.6M from PA Housing Agency" »

According to a recent article, federal safety officials are investigating a DuPont chemical plant after a series of leaks that resulted in the death of one worker.

The DuPont Belle plant in West Virginia is on safety shutdown after three leaks were reported. One leak, which released about 1,900 pounds of hazardous methyl chloride, went unnoticed for 5 days.

The federal Occupational Safety and Health Administration and the U.S. Chemical Safety Board are investigating.

On January 23, 2010 a worker was taken to a Charleston hospital after being exposed to the chemical phosgene. The article reported that a 58-year-old man who was a 32-year DuPont employee died on January 24, 2010.

Phosgene is used to make plastics and pesticides, and can damage the respiratory system.
The company reported the methyl chloride leak to emergency officials on January 22. On the 23rd, the worker was taken to the hospital after being exposed to phosgene residue in a transfer line.

Continue reading "W. Va. DuPont Worker Dies after Phosgene Exposure" »

A devastated father and mother have filed a lawsuit against a 24-year-old New Florence driver who killed their 15-year-old son after visiting two bars, reports dailyamerican.com. The parents will be utilizing Pennsylvania’s “Dram Shop” law that permits victims to sue a liquor serving establishment. Under this law, any business or private host can be held responsible if they served to a minor, or to an individual who is already clearly intoxicated, who, later proceeds to cause an accident, as is the case in this story. The driver is being charged with a myriad of charges including homicide by vehicle while driving under the influence, aggravated assault while driving drunk, homicide by vehicle, drunken driving, multiple counts of recklessly endangering another person and motor vehicle offenses.

The 15-year-old boy was travelling home after attending a Brittney Spears concert at approximately 1:40 a.m. when the car he was in was struck by a pickup. It turned out the driver had been at one bar from about 8 p.m. to 11 p.m. At midnight, he went to another bar and left only to return again, staying there until 1 a.m. The lawsuit alleges that both bars served the man drinks even though he was already drunk, and they should have prevented him from leaving their businesses.

Continue reading "Parents of Teenager File Suit Citing "Dram Shop" Law" »

On November 23, a 16-year-old crashed his SUV and killed two teenage friends. According to an article in the Philadelphia Inquirer, he is accused of being under the influence of marijuana at the time of the crash.

The Chester County Court Juvenile Master decided that the teen should remain at the Chester County Youth Center until an adjudication hearing.

The Assistant District Attorney argued that the male teenager recently posted entries on Facebook indicating that he was unremorseful and still getting high. According to the article, the young man described using marijuana and getting drunk on New Year’s Eve.

A 17-year-old male and a 16-year-old male, both 11th graders at Pottsgrove, died in the crash.
The teen driver was charged with two counts of homicide by vehicle while driving under the influence, six counts of reckless endangerment, and driving without proper insurance.

The young man was traveling westbound on Route 724 with five friends on November 23. He veered into the eastbound lane and traveled up an embankment. The SUV rolled over and landed in the eastbound lane, colliding with a Nissan sedan.

The teen motorist and three passengers were injured. The Nissan’s driver also was injured.

Continue reading "Teen Driver in Deadly Crash to Remain in Custody" »

A 33-year-old construction worker died in Southhampton Village, New York on January 4, 2010 when a foundation wall at a worksite collapsed and pinned him underneath. According to a report, the accident may have been the result of poor workmanship and attempts to cut corners.

The worker was trapped beneath the fallen concrete wall.

According the article, the victim was digging under the wall before the collapse to install footings, structural supports that should have been in place before the concrete wall was poured and the forms were removed.

An inspector for the Southampton Village commented that the concrete wall should have been reinforced with steel, but was not reinforced at all.

The construction site is being investigated by the Village Building department and the Occupational Safety and Health Administration.

The family of this deceased worker would be well advised to contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing. An experienced attorney would also look into a “third party claim.” These are claims that are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

Continue reading "Worker Killed in Job Site Accident" »

Former NFL linebacker Ted Johnson suffered more than 100 concussions. According to an article on CNN.com, he got back-to-back concussions in 2002 and that is when his problems began. He began suffering from depression, sleep disorders, and mental fatigue.

The Center for the Study of Traumatic Encephalopathy at Boston University is studying concussions in the brain. They have found that concussions confer tremendous brain damage, called Chronic traumatic encephalopathy (CTE). So far CTE has been found in the brains of six out of six former NFL players.

The damage affects the parts of the brain that control emotion, rage, hypersexuality, and even breathing. It is also a progressive disease that kills brain cells.

100 athletes have consented to have their brains studied after they die.

The NFL is planning its own independent medical study of retired NFL players on the long-term effects of concussion.

Continue reading "Dead Athletes' Brains Show Damage from Concussions" »

A man fell 25 feet and landed on concrete at a Waste Treatment plant in Oregon. According to an article, the man fell from what fire crews estimated to be at least 25 feet from a ladder into a concrete wall that was built on site.

The article reported that the worker was conscious when crews arrived, but suffered serious injuries.

The construction workers used a crane to lift their coworker out of the vault and were able to transfer him to an ambulance.

The worker here is entitled to workers’ compensation benefits through the employer. These benefits often are inadequate and may not be enough to cover a worker and his family, especially if the incident involves serious injuries that could keep the worker away from his/her job for a long time. It may be in the worker’s best interest, however, to also contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing. An experienced attorney would also look into a “third party claim.” These are claims that are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

Continue reading "Crane Used to Rescue Injured Worker" »

The Pennsylvania Department of Transportation has announced on its website that a record number of drivers are utilizing their seatbelts while on Pennsylvania roads, a whopping 88% of them. The previous high was reported in 2007 when 87% of drivers reported buckling up.

Secretary of Pennsylvania DOT, Allen D. Biehler, P.E., said, “The simple act of putting on a seat belt or properly restraining your child is the one step you can take to increase your chances of surviving a crash. PennDOT will continue to encourage every driver to buckle up and make sure everyone else in their vehicle does, too.”

Another factor for the record seatbelt use is that law enforcement has been boosted with 450 municipal and Pennsylvania State Police taking part in the statewide “Click It or Ticket” campaigns. Officials reported that more than 10,000 seatbelt citations were given this past year. Federal Funding provided the $2.5 million for the program that also included education in K-12 schools. Approximately 47,000 students are believed to have been reached.

Continue reading "Pennsylvania Buckles Up" »