Pennsylvania Personal Injury Blog

The U.S. Chemical Safety Board investigated a 2007 fire that killed five workers at Xcel Energy Inc., a hydroelectric plant near Denver, CO. It found that the contractor Xcel chose did not plan for hazardous work. According to this article on Philly.com, their negligence included taking flammable solvents inside a 4,300-foot tunnel.

OSHA investigated the contractor, RPI, for two previous fatalities. They were fined for OSHA safety violations in those two cases.

At the 2007 fire, the victims were not promptly rescued and there were no rescuers qualified to enter the tunnel.

The families of the workers who died there would have been well advised to contact an experienced worker’s compensation attorney who would have carefully examined the negligence in this tragic fire. A knowledgeable attorney would also look into a “third party claim.” In this case, the contractor was negligent and did not follow proper safety procedures. Therefore, the victims’ families could have filed claims against RPI. If it is determined that they were responsible for the accident and any injuries, then RPI could be held liable.

If you or a loved one has sustained an injury arising out of and in the course of your employment, you may have a potential workers’ compensation claim. The dedicated Pennsylvania injured at work lawyers at Cherry, Fieger, & Marciano LLP will explore every possible avenue to ensure that you’re compensated for your injuries and other damages. Call our office today at 888-684-7192 for a free consultation of your case.

An East Stroudsburg man pleaded guilty to civil charges on August 24 for his part in a fatal accident that occurred in January off of Route 115 in Bear Creek Township. According to an article on CitizensVoice.com, the man was speeding on bald tires when, after trying to pass another vehicle, he struck another car head on, killing the 45-year old female driver. The Pennsylvania courts determined that there was no basis to bring criminal charges against the man, only traffic citations and a charge for reckless driving that caused a death.

The man said he had his vehicle inspected at a local auto repair shop and that his tires passed the inspection when they should not have. The owner of the auto repair shop was criminally charged and pleaded guilty to three counts of completing a faulty inspection.

Unfortunately, some auto repair shops, big corporations and other parties place profit over safety in regards to ensuring that a vehicle is safe to drive on America’s roads. When this type of negligence leads to an injury or wrongful death auto accident, the victim or the family of a motorist who was killed may be entitled to compensation by pursuing a Pennsylvania car defect claim.

If you have been seriously injured or have lost a loved one and you think a defective vehicle component may have contributed to the accident, contact a highly qualified Philadelphia auto product liability attorney like those at Cherry, Fieger & Marciano LLP today. Our lawyers have years of experience in auto product liability litigation and can help you understand your rights. Not only does an injury accident cause emotional and physical stress, it can also substantially affect a victim’s finances with mounting medical bills, loss of wages due to time off of work and other damages. The Pennsylvania personal injury attorneys at Cherry, Fieger & Marciano LLP will hold all negligent parties accountable and fight to ensure that you are compensated justly. Call (888) 684-7192 to schedule a free and confidential evaluation of your case.

According to an article, a grounds crew worker for the Pottsgrove School District was killed on June 16 when a lawn mower fell on him.

The worker suffered a head injury while he was repairing the mower at the Lower Pottsgrove Elementary school and he was taken to Pottstown Memorial Medical Center. Luckily, no young children were in the area when the accident happened.

The family of this grounds crew worker would be well advised to contact an experienced workers’ compensation Pennsylvania 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 death, then they could be held liable.

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A worker from New Jersey filed a $6 million lawsuit against Kleen Energy Systems, as well as three other companies who operated that facility. According to this article on CBS3.com, the man was injured in February in a power plant explosion in Connecticut. Six people were killed when the facility exploded and fifty people were injured.

The Occupational Safety and Health Administration said that safety guidelines weren’t followed and companies disregarded industry procedures. Thousands of U.S. workers are killed or seriously injured in accidents at industrial plants. Many of these workplace accidents occur due to OSHA safety violations. Poor supervision, lack of communication, poor worker training, and use of defective machinery can also contribute to these accidents.

Anyone who was injured in such a tragic incident as this plant explosion would be well advised to contact an experienced workers’ compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing.

Continue reading " Worker Injured in Power Plant Explosion Files Lawsuit " »

A single engine plane crashed into the Susquehanna River in Pennsylvania last week, according to The Times Leader. The two men aboard the plane included the pilot, who had only recently purchased the plane, and his passenger. Both men were not seriously injured.

Reports say the Piper PA22 single engine aircraft took off from Skyhaven Airport and moments later, the plane’s engine failed. This caused the aircraft to crash into some trees before diving nose first into the river and then flipping over. Investigators say the two men were lucky to have remained conscious as the cock pit filled with water and the men were strapped into their seats upside down. The reason the engine failed is still being investigated.

Luckily, the two men involved in this aviation accident survived with only minor injuries. Unfortunately, more often than not, plane crashes in Pennsylvania of this type don’t yield such results. In many plane accidents, there are multiple casualties and the reasons for a plane crash can vary from defective parts to pilot error to dangerous weather conditions and other causes.

The dedicated Pennsylvania plane accident attorneys at Cherry, Fieger & Marciano LLP have represented numerous cases involving victims of plane crashes or families of plane crash wrongful death victims. If you or a loved one has been injured or if you have lost a loved one in a plane accident that you believe was caused by another person’s negligence, please call the experienced lawyers at Cherry, Fieger & Marciano LLP. You deserve to know your rights and be compensated justly for your injuries. Call 888-684-2374 to schedule a free consultation and learn how we can help you.

On August 10, a SEPTA bus plowed into the side of the Belgian restaurant Monk’s Cafe in Center City, PA. The Philadelphia Inquirer reported that the bus driver and two Delaware River Port Authority officers, who were also involved in the crash, suffered minor injuries. According to the article, after a police car apparently struck a pole across the street from Monk’s, the No. 2 SEPTA bus swerved to avoid the police vehicle and hit the front of the pub.

The accident crushed the entrance to the pub and forced more than a dozen residents in the building to evacuate the apartments above the restaurant.

The restaurant had to close for at least a week due to the property damage and tenants were forced to stay elsewhere temporarily.

The entrance and hallway leading to Monk’s restaurant was partially collapsed.

The victims here who were injured in the bus accident would be well advised to seek the advice of an experienced Philadelphia accident lawyer from Cherry, Fieger, and Marciano, LLP. They will review all relevant facts to assist in determining which party was at fault and who should assume responsibilities. Some factors that may be of importance during this process may include road conditions, weather conditions, the condition of the vehicles involved (i.e., faulty or defective auto parts), and whether or not alcohol or drugs were involved. You can collect compensation for medical treatment, pain and suffering, even punitive damages designed to discourage others from acting negligently.

The displaced residents would also be well advised to contact an attorney who can look out for their rights.

On November 23, a 16-year-old crashed his SUV and killed two teenage friends. The teen 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 teenager recently posted entries on Facebook indicating that he was unremorseful and still getting high. According to the article, the teen described using marijuana and getting drunk on New Year’s Eve.

A 17-year-old male and a16-year-old male, both 11th graders at Pottsgrove, died in the crash.
The teen motorist was charged with two counts of homicide by vehicle while driving under the influence, six counts of reckless endangerment, and driving without proper insurance. He 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 driver and three passengers were injured. The Nissan’s driver also was injured.
The drive in this accident could be held both criminally and civilly responsible for the deaths of the two teenagers. Their families would be well advised to seek the advice of an experienced Pennsylvania wrongful death attorney.

The attorneys at Cherry, Fieger, and Marciano, LLP understand the devastating impact a Pennsylvania wrongful death can have on a family. They have assisted several families in finding justice and compensation for a loved one’s death in relation to Pennsylvania wrongful death car accidents.

The amount that can be claimed and the heirs who are allowed to file a Pennsylvania wrongful death lawsuit can vary widely depending on jurisdiction. In addition, statutes of limitation may come into play that limit the time a family has to file a wrongful death lawsuit. For these reasons and due to the complexity of these cases, it is recommended that families who think their family member’s death was wrongful first contact a wrongful death attorney for a case assessment. If the case is valid, the attorney can help investigate the claim, gather evidence, represent them in court, and collect the compensation they deserve.

Call today for a free case evaluation and more information on Cherry Fieger, and Marciano’s exemplary track record, documented legal skills, and unparalleled resources.

A worker at Asher’s Chocolates lost his finger in an accident, reports The Philadelphia Daily News. That same day, two workers at JBS Packerland, a nearby meat-processing plant, were also injured.

The 41-year-old man injured at Asher’s was cleaning a machine when he accidentally stepped on a power switch on the floor and activated the device. When the device started spinning, it sucked his finger in and tore part of it off.

That same day, a JBS Packerland employee was working on a piece of machinery when he slipped and cut his index finger off on a large blade used to cut beef.

A woman who also worked at JBS Packerland was hit by a piece of machinery. She then slipped and fell, causing her to break her ankle.

All three workers were treated for their injuries.

Some professions, such as those within the industrial field, are usually considered high-risk jobs. Implementing safety practices and measures is one of the most effective ways to prevent industrial accidents. Those include: eliminating unsafe practices and teaching workers about safety measures; observing workers to see if they are following the mandatory safety practices; provide training on a regular basis; supervising workers to determine if the safety practices need further improvements; and prohibiting workers to smoke, eat, drink, rest, enter, use mobile phones, or listen to portable music devices in certain areas.

The workers who were injured in the factory accidents would be well advised to contact an experienced Philadelphia workers compensation attorney who can carefully examine the incidents to identify any negligence or wrongdoing. Sometimes malfunctioning equipment or a defective piece of machinery causes these types of accidents. An experienced attorney would look into a “third party claim.” These are claims that are filed against parties that are not the worker’s employer. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

Any worker who has sustained an injury arising out of and in the course of their employment has a potential workers’ compensation claim. Cherry, Fieger, & Marciano can help you get the monetary compensation that is owed to you to help pay medical bills, physical therapy, loss of work and more.

A 29-year-old motorcyclist was struck in Chester County, PA by a motorist who then left the scene of the accident. According to this The Philadelphia Inquirer, the motorcyclist suffered critical injuries.

The accident happened on Route 322 near Poplar Road in Honey Brook Township, PA. A large SUV or truck collided with the motorcyclist. He was forced off the road and thrown from the vehicle. The driver did not stop or report the accident.

Police are searching for a truck or SUV with damage to its front passenger-side headlight and will be missing a passenger-side rearview mirror. The driver of the SUV could be held both criminally and civilly responsible for the man’s critical injuries. Leaving the scene of an accident is a serious crime.

About 4,000 deaths and around 76,000 injuries take place every year due to motorcycle accidents, according to the National Highway Traffic Administration (NTHSA). The Pennsylvania Department of Transportation reported that in 2008 in Pennsylvania, there were 237 motorcycle riders killed.

Though motorcycle accidents in Pennsylvania have a variety of causes, common causes include unsafe road conditions, inclement weather, defective motorcycle parts, driver fatigue, drunk drivers, and driver error. Some passenger vehicles simply don’t understand the rules of the road and may hit a motorcycle while changing lanes, may disregard their presence on the road, or ignore right-of-way laws. Due to the inherent lack of protection while on a motorcycle, catastrophic injury often occurs, ranging from broken bones and minor lacerations and bruises to disfigurement, brain injury, paralysis and even death.

A motorcyclist who is injured in an accident caused by other motorist’s negligence would be well advised to contact an experienced Philadelphia motorcycle crash injury attorney who understands the severity of Philadelphia motorcycle accidents and their life-changing effects. Contact the injury lawyers at Cherry, Fieger, & Marciano LLP today for a free consultation.

A woman and her two children survived a 60 foot fall when their car was bumped on I-79 near Waynesburg, an article in the Pittsburgh Post-Gazette reports. Another driver had moved into the left lane on the highway and bumped the rear of the woman’s car, which sent it onto a jersey barrier where the car continued to travel for 30 feet. The vehicle then sailed 100 feet over the edge of the bridge before rotating in the air and falling 60 more feet to Route 188 below. The vehicle landed on its roof and all occupants survived with minor injuries.

Police say that summary charges may be filed against the driver who bumped the woman’s car, but that the investigation is still open and they are checking to see whether or not mechanical problems played a role in causing this Pennsylvania auto accident.

Considering the severity of this accident, it’s nothing short of amazing that the three occupants of the fallen vehicle walked away with non-life threatening injuries. Should the investigation determine that a mechanical defect was partially or fully responsible, the woman may want to consider filing an auto product liability lawsuit.

At Cherry, Fieger & Marciano LLP, our Pennsylvania auto product liability attorneys understand the complexities that go into an auto product liability claim. If you have been injured in an auto accident and a defective component or other vehicle defect contributed to your crash, please call us today at (888) 684-2374 to schedule a free and comprehensive consultation. You deserve to know your rights and we can help you hold negligent auto manufacturers accountable for their actions.

A construction worker in western Pennsylvania was killed on August 4 by a wall that fell on him. According to this article by The Associated Press, the 23-year-old was working on the North Fork Creek Water Treatment Plant near Pittsburgh.

A steel-forming wall fell on him, who was working for Jack Gibson Construction. They are doing work at the plant run by the Brookville Municipal Authority.

Construction workers face the risk of serious personal injury every time they step on the job site. Workers in construction incurred the most fatalities of any industry in the private sector in 2008 with 969 cases, according to the Bureau of Labor Statistics.

The construction worker’s family may want to get in touch with an experienced Pennsylvania workers’ compensation attorney who can carefully examine the construction fall to identify any negligence or wrongdoing. A skilled lawyer with experience handling workers’ compensation cases would also look into a “third party claim.”

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Several families of victims killed at a Washington County, PA intersection during the past two years are suing the Pennsylvania Department of Transportation. The lawsuits claim that the agency knew since 1994 that the intersection was dangerous and were negligent regarding its design, construction, and maintenance.

According to this article, there were 90 accidents reported to the police at the intersection of state Route 136 and Church Road in Somerset over the past 10 years. The families claim that PennDOT is liable for allowing this intersection to exist.

The intersection is on a highly traveled road and the grading and curvature of Route 136, makes it difficult for drivers approaching in both directions to see opposing traffic.

The wrongful death lawsuits also said that PennDOT failed to use adequate traffic control devices.

Cherry, Fieger, and Marciano have years of experience representing Pennsylvania vehicle accident cases. If you or a loved one has been injured in an auto accident due to a dangerous road, the Philadelphia traffic accident lawyers at Cherry, Fieger, and Marciano will review all relevant facts to assist in determining which party was at fault and who should assume responsibilities. Some factors that may be of importance during this process may include road conditions, weather conditions, the condition of the vehicles involved (i.e., faulty or defective auto parts), and whether or not alcohol or drugs were involved.

If your vehicle sustained any damaged in the accident, repairs can be assessed by a body shop. Of course, your physical and emotional injuries associated with the PA auto accident are extremely important, and may result in compensation for pain and suffering, loss of future income, and loss of current income due to inability to perform job duties. For more information about how our skilled attorneys can help, please call us today for a free consultation.

A construction worker in Pittsburgh, PA seriously injured himself when he fell about 50 feet and landed on a concrete pier. According to the article on pittsburghlive.com, he broke several ribs, dislocated his shoulder, punctured his lung and fractured his scapula.

He was sandblasting steel girders to prepare the Donora-Monesson bridge for painting, a $19.9 million bridge rehabilitation project. He landed on a pier about 20 feet away from the Monongahela River shore.

Emergency personnel used a rescue basket and lowered it 50 feet to the shore. He was then taken to an area hospital.

The man in this accident, who was employed by J. F. Shea Construction Inc., may want to get in touch with a skilled Pennsylvania workers’ compensation attorney who can thoroughly investigate the work accident and develop a strong case. An experienced lawyer would also examine whether a “third party claim” applies. Third party claims in Pennsylvania 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 contributing to the workplace accident and any injuries, then they could be held legally accountable.

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According to the Philadelphia Inquirer, attorneys for the victims who died on July 7 in the Delaware River duck-boat accident are asking that the city and Coast Guard stop the duck boats from operating again. The victims, who were Hungarian tourists, died when Duck 34 was struck by a 250-foot-long barge being pushed by the tug Caribbean Sea.

The company, Ride the Ducks, wants to operate the amphibious boats this season and was working with the Coast Guard and the city by undergoing testing and mechanical inspections.

The lawyers representing the family members of the victims analyzed a 1999 duck boat accident in Arkansas and they found that the ducks’ design as well as its canvas canopies makes the vessels hazardous as a tourist craft.

The Coast Guard is continuing to directly collaborate with Ride the Ducks and the City of Philadelphia to make sure that safety issues are addressed.

The National Transportation Safety Board (NTSB) recommended that the Coast Guard require the Duck boats to install reserve buoyancy. These would keep even a vessel swamped with water afloat.

The Arkansas boating accident killed 13 people and the NTSB found that as the duck sank, the passengers’ bodies were forced into the overhead canopy, which acted like a net to entrap them.

CNN reported that rrecreational boating accident deaths are on the rise. The article said that the U.S. Coast Guard’s Office of Auxiliary and Boating Safety announced that deaths caused by recreational boating accidents have increased by 3.8 percent, with related injuries increasing by 0.8 percent.

Continue reading " Philadelphia Duck Boat Victims' Lawyer Wants the Vessels Grounded " »

After 31 years of motorcycle riding with no accidents, Auntie Anne’s pretzel shop founder, Anne Beiler, went down for the first time last month, according to an article in the Intelligencer Journal. Luckily, Beiler was wearing her helmet and only suffered a couple broken bones.

The Auntie Anne’s founder and her husband were on their way home from a tri-state vacation when the Pennsylvania motorcycle accident occurred. About a mile from her home in Gap, PA, Beiler hit an oil slick and went down, losing consciousness for a short period of time. She attributes her survival to the fact that she was wearing a helmet and encourages all riders to do so.

According to the NHTSA’s Fatality Analysis Reporting System, 5,290 motorcycle-related fatalities occurred in 2008, with 239 of them occurring in Pennsylvania.

The Pennsylvania helmet law states that all motorcycle riders must wear helmets unless they have reached the age of 21 and have no less than 2 years of licensed riding experience or have successfully completed a DOT approved motorcycle safety course. It is, however, highly recommended that helmets be used each and every time a motorcyclist steps on a bike, regardless of age or number of years riding.

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An elderly man was struck and killed by an Amtrak train headed from Harrisburg to New York City, according to a report in the Philadelphia Inquirer. The train was scheduled to stop in Philadelphia at 11 a.m. on Friday, July 30 and struck the man at around 11:20 a.m. near the Ardmore Station. According to witness statements, the train was going so fast that it traveled about half a mile before coming to a complete stop.

There were about 100 passengers on board the Keystone Corridor train headed eastbound. Riders of the train were kept on board for 45 minutes before being directed to a trolley station nearby.

At the time this article was written, the deceased man’s identity had not been released, nor was there any further information as to why he would be walking near the train tracks or if there was any error on the part of the train operator. Rail service was suspended from the time of the accident until 1 p.m., a SEPTA spokesman said.

Continue reading " Amtrak Train Strikes, Kills Elderly Pedestrian near Station in Ardmore " »

A 70-year-old man died after he jumped out of a window at Lancaster General Hospital. According to this article, his family is suing the hospital and two doctors who cared for him.

Last summer, the man threw himself through a closed, eighth-story window at the Duke Street hospital and died. He had been hospitalized there for mental health problems. He had a history of seizures and anxiety. He threatened to leave the hospital and jump out a window.

The lawsuit claimed that the man was agitated and paranoid, and had threatened to jump out of the window five days before he did. According to the family’s attorney, the proper steps to safeguard him on the unit he was on were not taken.

The man’s medical doctor signed an order to “transfer to psych unit if OK [with] psychiatry” three days before his death. But in a later progress note the psychiatrist said he did not see indication for psychiatric admission. He likely had an underlying dementia and was recommended for neuropsychological testing as soon as possible.

Police officers found the man outside the hospital. He then was returned to his room and, according to the article, he pushed a patient care assistant across the room and threw himself out of the window. He died a short time later.

The lawsuit alleges his death was the result of negligence, carelessness, recklessness, and gross negligence.

Continue reading " Lancaster Wrongful Death Leads to Hospital Malpractice Lawsuit " »

A resident of the Warren Park Nursing Pavilion, died from drowning. It was undetermined if it was a suicide, homicide, or accidental. According to the Chicago Sun Times, staff of the nursing home found the resident unresponsive in a bathtub with the water still running.

The resident was taken out of the tub and attempts were made to revive her. Those attempts were unsuccessful and paramedics were called to the scene.

The family of the deceased woman would be well advised to seek the advice of a wrongful death attorney who could determine if there was any negligence on the part of the nursing home. These types of fatal accidents should never occur at a nursing home. Although the cause of this accident is unknown, there are many circumstances that could have contributed to the drowning, including defective products or even an adverse reaction to medication. The staff of the nursing home can also be held accountable for negligence if they were responsible for checking on their residents frequently, or if they were aware of their residents instability.

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Philly.com reported that Cincinnati Bengals receiver Chris Henry suffered from a chronic brain injury that might have influenced his mental state and behavior before he died in December 2009.

Doctors performed a microscopic tissue analysis of Henry’s brain that showed he suffered from chronic traumatic encephalopathy (CTE).

Co-directors of the Brain Injury Research Institute at West Virginia University announced their findings alongside Henry’s mother, Carolyn Henry Glaspy. Ms Glaspy was not aware of her 26-year-old son’s underlying condition or the disease.

Henry died in December 2009, a day after he came out of the back of a pickup truck his fiancé was driving. An autopsy concluded he died of numerous head injuries, including a fractured skull and brain hemorrhaging.

A team doctor for the Mountaineers and a former Pittsburgh Steelers physician and fellow researchers believe chronic traumatic encephalopathy, or CTE, is caused by multiple head impacts, regardless of whether those blows result in a concussion diagnosis. A number of studies, including one commissioned by the NFL, have found that retired professional football players may have a higher rate than normal of Alzheimer’s disease and other memory problems.

Although neither NFL nor WVU records show he was diagnosed with a concussion during his playing career, it doesn’t take a collision with another player for brain trauma to occur.

Continue reading " Chronic Brain Injury Endured by Bengals Receiver Chris Henry " »