Pennsylvania Personal Injury Blog

Sebastian Hizey, a 6-year-old boy, was killed at a Monster Truck show in Tacoma, Washington after debris flew into the stands, hitting him in the head in this wrongful death case.

According to an article from the Los Angeles Examiner, a red truck came apart while doing doughnuts during the freestyle competition of a Monster Jam show last week. The debris flew 30 to 50 feet over a safety barrier into the stands and also injured another spectator. The boy’s father issued a statement saying his son was hit in the head by a Frisbee-sized piece of metal, weighing between 7 and 12 pounds.

Spectators reported that it took a long time for medics to arrive and the show continued even after the two were hurt.

Officers serving as security at the event investigated the incident and did not find anything criminal.

Continue reading " Debris Kills Boy In Stands At Monster Truck Show " »

Robin J. Yeager, a 49-year-old Voorhees woman was struck by a car and killed in a pedestrian accident in Voorhees on January 12 as she crossed White Horse Road.

According to this article in the Philadelphia Inquirer, she was crossing the street shortly after 6 a.m. She was hit by a Pontiac Grand Prix driven by a 21-year-old man whose name has not been released by police.

The driver stopped his car, called authorities, and waited at the scene until they arrived. Yeager was pronounced dead at Underwood-Memorial Hospital.

The driver, who was not injured, had a suspended license. The man may face criminal charges depending on the investigation following this fatal Voorhees auto accident.

When needless death occurs due to negligence of another party, a wrongful death can be filed. In these lawsuits, the decedent's heirs sue the negligent party or parties for damages related to the loss of life and their own pain and suffering.

With the help of a wrongful death attorney, the family can sue the negligent person in court and receive monetary compensation for the wages the decedent would have earned had he or she lived, the loss of support to the family, even money related to pain and suffering and loss of consort.

The Cherry, Fieger, Marciano attorneys understand the devastating impact a Pennsylvania wrongful death can have on a family. They can help you find justice and compensation for your loved one’s death. Your case consultation with one of the Philadelphia, PA wrongful death attorneys is free of charge and completely confidential.

Cribs, baby garments, blinds, and stools recalled

According to this article in the Philadelphia Inquirer, a Stork Craft baby crib recall was initiated, recalling some 535,000 cribs in the U.S. The cribs, made in Canada, China, and Indonesia by Stork Craft Manufacturing Inc. were recalled because the metal mattress-support brackets can crack and break. A child could get trapped or suffocate if the mattress were to collapse.

The Consumer Product Safety Commission (CPSC) is aware of 10 incidents of support brackets that broke. In one incident a child was trapped between the mattress and the side rail with no injuries.

Also, recalled Taggies Sleep’n Play baby garments, made in China and imported by Rashti & Rashti were potentially dangerous as the snaps on the garments can detach, posing a choking hazard to young children. No incidents or injuries have been reported. In July 2008, the company recalled two Taggies Sleep’n Play style baby garments, including the Butterfly Applique and the Fun Dog Print. The recall has been expanded to include the Dinosaur Applique and the Pink Toss Print styles. The garments are one-piece coveralls with snaps down the front.

Continue reading " Defective Product Recalls Include Children's Products, Blinds and Stools " »

Ohio distributor recalls two brands of peanut butter

An Ohio distributor, King Nut Companies, has recalled two brands of its peanut butter after an open container tested positive for salmonella bacteria.

According to the article in the Philadelphia Inquirer, federal health officials said the company's peanut butter had not been conclusively linked to a national salmonella outbreak. The peanut butter recall involves approximately 1,000 cases of peanut butter.

King Nut asked customers (food service providers in Ohio, Michigan, North Dakota, Minnesota, Arizona, Idaho, New Hampshire, Massachusetts and Florida) to stop distributing all peanut butter under its King Nut and Parnell's Pride brands with a lot code that begins with the numeral "8."

The Minnesota Department of Health found salmonella bacteria in a 5-pound container of King Nut brand creamy peanut butter.

The Minnesota tests had not linked it to the type of salmonella in the outbreak that has sickened almost 400 people in 42 states, but additional results are expected early next week.

Continue reading " Salmonella in Recalled Peanut Butter From Ohio's King Nut " »

Motorist expects charges in state senator's death

The driver of a vehicle that killed state senator James Rhoades three months ago expects to face both criminal charges and a Pennsylvania wrongful death claim by the lawmaker’s widow and estate.

The senator represented a northeastern Pennsylvania district and was the longtime chairman of the Senate Education Committee. According to this article in the Philadelphia Inquirer.

The senator and his wife, Mary, were headed to an event in the Poconos in October when the Cadillac he was driving collided with a pickup truck driven by Thomas Senavitis, 45. Rhoades died the following day.

An attorney for the late senator’s son-in-law informed Senavitis that a claim for personal injury and wrongful death is being made against him by Mary Edith Rhoades and the estate of James J. Rhoades.

Continue reading " PA Car Accident That Killed Senator James Rhoades Brings Wrongful Deah Suit " »

OSHA finds hazardous conditions at Trainer refinery

ConocoPhillips’s PA refinery in Trainer has been cited by the U.S. Department of Labor’s Occupational Safety and Health Administration for 27 violations. According to the article in the Delaware County Daily Times, many of these violations could result in fatalities.

A ConocoPhillips spokesman said the company plans to work with the federal government on these issues.

OSHA’s Philadelphia office began its investigation in June. The company was then issued 26 serious violations with penalties totaling $91,500 and one repeat violation, carrying a $25,000 penalty.

The company failed to update operating procedures as required, according to OSHA.

An OSHA spokeswoman explained that they changed their practice, but they didn’t modify the procedures.

Continue reading " Hazardous Conditions in PA Refinery " »

State closes Willow Grove personal-care home after 2 deaths

The state closed Willow Crest Manor, a personal-care home in Willow Grove PA, after two residents died there. According to this article in the Philadelphia Inquirer, it was understaffed, and medication was dispensed by unlicensed employees. The owner is now fighting to get his license back.

The state agency found that medicines given to residents weren't recorded, so there was no way to know whether they were receiving the right amount. Some patients received recalled prescription medications, while others got pills without doctor’s orders, according to the Department of Public Welfare.

The owner, Anand P. Mittal, was also accused of choking a Parkinson's patient. He was charged with assault, harassment and disorderly conduct and the case is pending trial. Mitall also has other facilities that the DPW is cracking down on.

Forty-eight residents were moved out of Willow Crest Manor after the deaths. Many of them had mental-health problems.

Continue reading " Neglect and Abuse at Assisted Living/Personal Care Facility " »

The PriCara division of Johnson & Johnson recalled two lots of the pain patch Duragesic, or fentanyl. According to this article in the Philadelphia Inquirer the patch was recalled because of tears in the products that could expose users directly to the product's effective gel, causing an overdose.

The company issued a similar defective pharmaceutical product recall in February, but it was on a larger scale for a less potent dosage of the drug. In a statement, the company said the latest manufacturing problems have been corrected.

Duragesic, or fentanyl, is a potent opioid pain reliever and skin exposure directly to the gel within the patch can lead to respiratory problems and a fatal overdose.

The company said Duragesic 50 mcg/hr patches under the lot number 0817239 are being recalled. Anyone who comes in contact with fentanyl gel should thoroughly wash exposed skin with water only as anything else may only increase the medicine’s ability to go through the skin. Patches with cut edges should be carefully disposed of by flushing them down the toilet, without directly handling them.

The recall is being conducted in conjunction with the Food and Drug Administration. Other strengths including 12.5, 25, 75 and 100 mcg/hr are not affected, the company added.

Continue reading " Duragesic Pain Patches Recalled " »

A foreman died last week at a Consol Energy Inc. coal preparation plant in West Virginia. According to this article in the Philadelphia Inquirer, company employees found the body of 58-year-old Mark McIntyre about 1,000 yards from Consol’s McElroy Mine prep plant.

Officials said that it’s unclear what happened to McIntyre, who was wearing a life jacket and other safety gear.

McIntyre is the second McElroy employee to die at the mine this year. In October, a miner was killed when he was pinned between an underground locomotive and a rail car. McIntyre is the ninth West Virginia miner and 30th nationally to die on the job in 2008.

The U.S. Mine Safety and Health Administration (MSHA), Coast Guard and United Mine Workers labor union are investigating the death.

There were also fatal workplace accidents at McElroy in 2003 and 2004. A miner was killed when the side of a coal pillar collapsed and pinned him against a piece of heavy equipment in August 2004. And, three contract workers were killed and three co-workers were injured in a methane explosion during construction of a ventilation shaft on Januray 22, 2003. MSHA cited a contractor for high negligence and reckless disregard for safety for the blast.

Consol operates 17 mining complexes in Pennsylvania, West Virginia, Virginia, Kentucky, Ohio, and Utah. McElroy has more than 740 underground employees.

Continue reading " Foreman dies at West Virginia mine " »

Lasko, a West Chester manufacturer of fans and space heaters, has agreed to pay $500,000 to settle allegations that it did not promptly tell regulators about defective products (fans) that overheated. According to the article in the Philadelphia Inquirer, the U.S. Consumer Product Safety Commission (CPSC) criticized Lasko for waiting several years before reporting problems consumers experienced with fans overheating, smoking, melting, catching fire, and, in some cases, burning users or their homes.

In 2002 Lasko began receiving complaints about portable box and floor fans but did not fully report them to the CPSC until September 2005. Those models were discontinued because of a faulty motor.

According to the CPSC, such incidents, once reported to a company’s upper management, must be reported within 10 days. Lasko agreed to the settlement, but denied that it knowingly violated the law.

In February 2006, the company recalled 5.6 million fans—19 models in all — that had been sold between 2000 and 2004.

Continue reading " Company fined over defective fans " »