Pennsylvania Personal Injury Blog

A judge found that a Penn State University fraternity was responsible for giving alcohol to 18-year-old freshman hours before he died from a fall down the stairs in September of 2009. According to the article on Philly.com, he had consumed alcohol at several places that night, including at the fraternity party. The fraternity was sentenced to 70 days of community service as well as pay a fine of $500.

A study sponsored by the National Institutes of Health found that alcohol-related deaths among college students in the United States rose from 1,440 in 1998 to 1,825 in 2005. An average of 35 college-aged people die from alcohol-related causes every week.

According to the Centers for Disease Control and Prevention (CDC), people between the ages of 12 to 20 years drink about 11 percent of the total alcohol consumed in the U.S. Over 90 percent of the drinking is consumed in the form of binge drinks. In 2008, there were about 190,000 emergency rooms visits by people under the age of 21 for injuries and other conditions related to alcohol.

In this specific instance, the victim’s family could pursue a wrongful death claim against the fraternity. When an underage person dies or is seriously injured after consuming alcohol at organization events, such as those held by fraternities, those in charge of the event can be held liable.

If you have recently lost a loved one who was killed at a public event, the Pennsylvania wrongful death attorneys at Cherry Fieger & Marciano, LLP can help you obtain justice and compensation for your loved one’s death. Call us today for a free case evaluation and more information on our exemplary track record, documented legal skill, and unparalleled resources. Your case consultation with one of our Philadelphia, PA wrongful death attorneys is free of charge and completely confidential.

Twenty-year-old Matt Crozier died on January 5 from injuries caused by a 30-foot fall on New Year’s Eve. The Philadelphia Daily News reported that Crozier, who is from Philadelphia, fell in a stairway in a University of Pennsylvania fraternity house and suffered severe head trauma.

Unfortunately, tragic falls like this one are not uncommon. They are especially common among 18- to 21-year-old men and many times alcohol is a factor. It is not clear yet if alcohol contributed to Crozier’s death, but if so, an attorney will investigate who furnished the alcohol. That person can be held legally responsible for the young man’s death. The family would have the right to file a lawsuit against the negligent party or parties for damages.

Mr. Crozier’s family would be well advised to seek the advice of an experienced wrongful death attorney. In addition to looking into the alcohol factor, it would also important to look into the safety of the fraternity house. Property owners can be held liable for premises liability if their negligence contributed to a fall accident.

These cases can be very complex, so it is recommended that families who think their family member’s death was wrongful first contact a wrongful death attorney. If the case is valid, the attorney can help investigate the claim, gather evidence, represent them in court, and collect the compensation they deserve.

The Philadelphia wrongful death lawyers at Cherry Fieger & Marciano, LLP can help you find justice and compensation for your loved one’s death. Call today for a free consultation.

Recently, nineteen-year-old Thomas Andrew Kocon pleaded guilty to homicide by vehicle, recklessly endangering other persons, careless driving, and operating a motor vehicle without insurance. The Delaware County Times reports that he took his hands of the wheel to get a CD, causing a Pennsylvania car collision that killed two girls and injured three others on December 12, 2009.

The National Highway Traffic Safety Administration (NHTSA) reports that almost 20 percent of all car crashes in 2008 involved some form of distraction. Nearly 6,000 people died in crashes involving a distracted driver and more than half a million were injured that year. Distracting activities included cell phone use, eating, changing the radio/CD, reading and others.

Because of his negligent actions, Mr. Kocon could also be held civilly responsible for this fatal Pennsylvania car accident. The victims and their families would be well advised to seek attorneys who handle wrongful death/personal injury cases in PA.

If you have recently lost a loved one in a car accident caused by another driver’s negligence, contact the Pennsylvania wrongful death attorneys at Cherry Fieger & Marciano, LLP for a free evaluation of your case. We can work to hold negligent parties accountable for their actions in a court of law, and seek compensatory damages on behalf of your lost loved one to help pay for medical bills, funeral arrangements, and even lost wages. We are determined to win substantial settlements for injured clients. Call us today for a free consultation of your PA wrongful death case.

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.

Continue reading "Wrongful Death Drowning Accident at Nursing Home" »

A 20-year-old severely autistic man and resident at Woods Services in Langhorne, PA, died of hyperthermia on July 24. He was left in a van for five hours on a day where the outside temperature reached 97 degrees and the temperature in the van could have risen to 29 degrees above that. According to the Philadelphia Daily News, police are investigating the tragic death. A counselor at the facility who was responsible for Nevins has been suspended and may face charges for leaving Nevins in the van.

The Woods facility provides services for people with autism spectrum disorder and other developmental disabilities. On July 24, Woods counselors took Nevins and three other residents to Sesame Place, in Langhorne. Each counselor was responsible for two residents.

After returning to Woods Services from Sesame Place, Nevins’ counselor left work and it wasn’t until a nurse looking to give medications to Nevins realized he was missing.

This is the second recent death at the Woods Services. A 17-year-old resident died in November when he was struck by at least two cars after he fell or jumped from a highway overpass.

The deceased man’s family would be well advised to seek the advice of a Pennsylvania wrongful death attorney who could determine if there was any negligence on the part of the care facility. These types of accidents should never occur.

If you or someone in your family has been a victim of negligence at a personal care facility/nursing home in PA, the Pennsylvania personal injury lawyers at Cherry, Fieger & Marciano will use their knowledge, their aptitude and their ability in pursuit of obtaining considerable damages for the injured party. For more information, contact us today at 1(888) 684-7192.

A 25-year-old man from Ambler has pleaded not guilty to charges that he was speeding and driving under the influence of illegal drugs when he struck and killed a 13-year-old boy on March 17. According to this article in the Delaware County Times, the boy was riding a scooter in Lower Gwynedd when he was struck by the man’s 1999 Ford Ranger pick-up truck traveling southbound at 63 miles per hour.

The motorist will now be scheduled for trial on the charges. He faces a possible maximum sentence of 8 ½- to-17-years in prison

The boy, a seventh-grader at Wissahickon Middle School, was crossing the street on his Razor scooter, not far from his home.

According to the article, the male driver allegedly told detectives he had smoked marijuana earlier on the day of the crash. The man also claimed that bushes prevented him from seeing the young boy and that he attempted to stop but couldn’t avoid striking the child.

The investigation determined that the boy had safely crossed the road and had reached the opposite side of the road at the time he was struck. The driver did not properly perceive the path of travel of the boy. He applied his brakes and steered to the left, directly into the path of the boy.

The blood tests determined that the motorist had the anti-anxiety medication Clonazepam, Methadone and traces of marijuana in his system at the time of the crash.

The family of the boy would be well advised to seek the advice of experienced wrongful death attorney. When needless death occurs due to negligence of another party, wrongful death lawsuits 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. It is recommended that families who think their family member’s death was wrongful first contact a Philly 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.

The attorneys at Cherry Fieger Marciano 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 these Philadelphia wrongful death car accident attorneys is free of charge and completely confidential.

The Pennsylvania personal injury lawyers at Cherry, Fieger, & Marciano use their knowledge, their aptitude and their ability in pursuit of obtaining considerable damages for the injured party.

The bar that served a man involved in a 2007 drunken-driving accident was primarily responsible for the death of Mary Elenbark of Voorhees, according this article in the Philadelphia Inquirer. A jury awarded the victim’s family $15 million this week.

Steven Evans was 25 % responsible and Racks Bar & Grill was 75 % responsible for the hit-and-run accident that killed Mary Elenbark and injured her husband. Mary, 45, was a passenger on the 1999 Harley-Davidson motorcycle that her husband was driving west on the White Horse Pike in NJ.

The couple was headed home from a Hammonton, N.J., diner on April 20, 2007 when Evans pulled in front of the Elenbarks from the strip mall where Racks is located. The Harley struck the rear of Evans’ car. Evans failed to stop and was later pulled over in Winslow Township. He failed a field sobriety test and a breath test. His blood alcohol content was 0.10.

An attorney for Mr. Elenbark said he would seek to have the bar pay the $15 million.

A toxicologist testified that Evans had between six and eight beers in 2 1/2 hours.

Elenbark had four operations on his left leg the week following the accident, Porter said. His wife, who had head injuries, was taken off life support seven days after the crash.

Evans pleaded guilty in 2008 to leaving the scene of a fatal accident and the scene of an accident with serious bodily injury. He was sentenced to four years in state prison and paroled last September.

George Elenbark, 45, now walks with a cane and has no feeling in his left ankle.

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. The latter is the most common cause of motorcycle accidents.

Continue reading "Driver and Bar Responsible in Woman's Death" »

On April 7, an empty SVU rolled down a driveway, crossed the road and struck a woman who was gardening in her upstate New York front yard. She was killed by the SUV. According to this article by the Associated Press, the accident happened on the morning of the 7th at Mountain View Trailer Park in Davenport, NY.

The 83-year-old woman was gardening in her front yard with her back to the road when she was struck by a Ford Expedition that rolled backward from a parked position.

The family of the deceased woman would be well advised to seek the advice of experienced wrongful death attorney. When needless death occurs due to negligence of another party, families are left to cope with significant emotional grief as well as financial strain in some cases.

Continue reading "SUV Rolls Down NY Driveway, Kills Woman Gardening" »

A suburban Philadelphia teenager died after a hit-and-run crash on March 28 outside her high school.

According to this article on delcotimes.com, the girl was crossing a street near Plymouth Whitemarsh High School when she was struck by a driver in Plymouth Meeting.

The article reported that the driver who struck the teen fled the scene, but was quickly located. Any driver who is involved in an auto accident, whether it involves another vehicle, a bicycle, and especially a pedestrian, must always safely stop at the scene of the incident. Fleeing the scene of the accident and therefore making such an incident a hit-and-run does a huge disservice to injured individuals.

The girl in this accident may have been celebrating the school’s state basketball championship before she was struck. Wrongful death accidents caused by car crashes can be prevented if drivers exercise more care and follow the rules of the road.

Continue reading "Girl Killed in Montco Hit-Run Collision" »

A 6-year-old boy died after being hit by a school bus on March 22 in the Pine River, Minnesota. According to this article, the boy was struck after being let off the bus.

Authorities are still investigating how the accident happened.

When needless death occurs due to negligence of another party, wrongful death lawsuits can be filed. However, every family’s situation is different and exploring this avenue may not actually be what is best for a particular family.

In wrongful death 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. 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.

Continue reading "Boy Killed by School Bus in Minnesota" »

A woman says that her 46-year-old husband died because an Erie hospital ran out of blood while treating him after a motorcycle crash. The man was a high school wrestling coach. According to this article by the Associated Press, the woman has sued Hamot Medical Center in Erie, PA saying the hospital had only 16 units of blood available when her husband died of pelvic bleeding after the crash on July 24, 2008.

The article stated that doctors wanted to operate on the man in Erie, but decided to transfer him to a Pittsburgh hospital because a radiologist wasn’t comfortable working on pelvic injuries. The lawsuit claims he died while waiting for a medical helicopter after the hospital ran out of blood.

Continue reading "Erie Hospital Ran Out of Blood, Death Lawsuit Says" »

A 52-year-old contractor from King of Prussia, PA died on March 16, 2010 when he fell through a skylight at a warehouse in the East Frankford section of Philadelphia. According to this article in the Philadelphia Inquirer, the man fell 30 feet through the skylight of a warehouse building on the 4500 block of Worth Street. He died about an hour later at a nearby hospital.

The contractor’s family 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.” A "third party claim" in PA is 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 "Contractor Dies After Fall Through Skylight" »

Two men died at a refinery explosion and fire last week at Navajo Refinery in New Mexico. According to this Associated Press article on Philly.com, authorities located the body of the first worker immediately after the March 2, 2010 fire. A second man was missing and presumed dead. A parent company of the refinery confirmed his death.

Two other workers were injured in the blaze, which was confined to a new asphalt storage tank under construction away from the refinery’s main operations.

All four workers were employed by a refinery contractor, Northwest Insulation.

The families of the workers who died, as well as the injured workers, 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 Philly workers comp 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 Deaths at New Mexico Refinery Confirmed" »

On February 17, 2010, a 38-year-old school bus driver was driving a Perkiomen Valley school bus in Montgomery County when it collided with an oncoming car, killing a passenger in the car and seriously injuring its driver.

According to this article in the Philadelphia Inquirer, the school bus driver had previous citations and was involved in a fatal accident.

When a prospective employer checked the school bus motorist’s driving record, there were only two 1999 citations listed, careless driving and failing to heed a stop sign.

But, in November 1999, the male school bus driver had been on his cell phone when his Ford Explorer went through a stop sign in Bucks County and caused an accident that killed a 2-year-old girl and injured her mother. The fatal car accident in Pennsylvania led to a lawsuit resulting in a six-figure settlement.

The November of 1999 accident resulted in two violations for the 38-year-old man, one of which carried points. Neither the criminal nor motor-vehicle reports showed any record of the man being charged with a crime or any details about the 1999 accident.

The February 17th accident killed a 27-year-old man and seriously injured a 41-year-old man.
The article said that the bus carrying 45 children was turning across traffic into the Perkiomen Valley Middle School West parking lot when it collided with a Honda Civic carrying the two aforementioned men.

The 38-year old school bus driver was not hurt, but five students were treated at the scene for minor injuries.

Continue reading "School Bus Driver in Montgomery County Fatal Crash Has Bad Record" »

On January 26, a New York City sanitation worker died after he was pinned between a tractor trailor and his garbage truck. According to an article on NBC.com, the 41-year-old man worked for the department for 11 years. He was the father of two daughters and very well liked in his district.

This man’s family is eligible for worker’s compensation benefits through his employer. These benefits often are inadequate and may not be enough to cover a worker’s family. It may be in the worker’s family’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.

A“third party claim” may be considered in which a claim may be 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 "NYC Sanitation Worker Dies on the Job" »

An 18-year-old former female student at Central Bucks High School South who pleaded guilty to charges of vehicular homicide in the death of a schoolmate, was sentenced yesterday to an indefinite term at a disciplinary wilderness camp.

According to an article in the Philadelphia Inquirer, the girl will serve at least six months at the facility and will be evaluated at six-month intervals to determine when she can be released.

In September, the girl was traveling nearly 30 m.p.h. above the speed limit when she lost control of her car in Warrington, PA. The vehicle slammed into a tree, killing a 16-year-old girl who was a passenger in the backseat.

The 18-year-old girl and another student in the car sustained minor injuries.

In December, the girl entered an admission in a nonadversarial hearing, which is the Juvenile Court equivalent of a guilty plea. She is on house arrest and undergoing therapy.

The girl was also sentenced to community service and ordered to continue therapy sessions.

Her driver’s license is suspended indefinitely and she must pay a fine.

Continue reading "Bucks Student Sentenced in Car Death" »

On February 7, 2010, an explosion at the Kleen Energy Systems in Connecticut blew out the walls of an unfinished power plant and set off a fire during a test of natural gas lines. According to an article on Philly.com, the explosion killed at least five workers and injured a dozen or more.

The cause of the gas explosion was unknown and is under investigation. It left huge pieces of metal that once encased the plant peeling off its sides. A large swath of the structure was blackened and surrounded by debris, but the building, its roof and its two smokestacks were still standing.

The article said that 50 to 60 people were in the area at the time of the explosion, and multiple contractors were working on the project.

Workers for the construction company, O&G Industries, were purging the gas line when the explosion occurred.

At least a dozen people had injuries ranging from minor to very serious.

Safety board investigators have done extensive work on the issue of gas line purging since an explosion last year at a Slim Jim factory in North Carolina killed four people. They’ve identified other explosions caused by workers who were unsafely venting gas lines inside buildings.

The workers here who sustained any injuries and the families of the workers who died because of the explosion are 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 "Gas Blast at Connecticut Power Plant Kills at Least 5" »

A worker from Oneida, PA, died on February 1 after falling from a lift at the demolition site of a church.

According to an article on Philly.com, the Schuylkill County Deputy Coroner said the 53-year-old man died after the accident happened at St. George Roman Catholic Church in Shenandoah, PA.

The article reported that the man fell about 60 feet when he and another worker were shoring up a part of the church’s steeple. The other worker was treated at a nearby hospital.

The church was closed in 2006 because of structural problems.

Any worker who has sustained an injury arising out of and in the course of their employment has a potential workers’ compensation claim. The injury can occur while traveling on business, doing a work-related errand, attending a required business-related social function, or even while on a break or using restroom facilities and you are still legally covered by workers compensation.

Continue reading "Demolition Worker Dies after Pa. Church Accident" »

The family of the late Latino musician Joaquin Rivera is preparing to sue Aria Health System. According to an article in the Philadelphia Daily News, the state Department of Health released a report detailing numerous staff policy violations that occurred on Nov. 28, the night Rivera had a fatal heart attack in the waiting room of Aria Health’s Frankford campus.
Rivera, 63, sat dead for more than 40 minutes and was robbed by three vagrants before hospital personnel noticed.

Investigators found an extensive list of hospital errors that took place before, during, and after his death.

Rivera, a father of three who worked for years as a guidance counselor at Olney High School, complained of pain on his left side when he entered the hospital at 10:45 p.m.

Surveillance footage showed that he stopped moving 11 minutes later. According to the state report, a triage nurse called his name at 11:03 p.m. and noticed that he was staring at a wall and not moving.

However, the report shows neither the nurse nor other hospital personnel checked to see if Rivera was in need of help.

The report also shows that staffers responded to Rivera only when another patient said that he had died.

State investigators learned in subsequent interviews with the hospital staff that many were unaware of protocol that requires them to check on patients in the waiting area.

Continue reading "Family to Sue Aria Over Waiting-Room Death" »

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" »

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" »

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" »

According to an article in The Philadelphia Inquirer, a car that was speeding ran off the road on Route 70 in Cherry Hill and slammed into a utility pole recently, killing the motorist and a man who just happened to be there.

The article reported that witnesses saw a red Pontiac GTO “traveling at a high rate of speed” on the westbound lanes of Route 70 on December 14.

The vehicle ran off the road then hit the pole and struck the pedestrian before the wreckage came to a halt in a driveway.

Both men were pronounced dead shortly after the accident.

Continue reading "Motorist and Pedestrian Killed in Cherry Hill Crash " »

According to an article in the Philadelphia Inquirer, the Camden County Prosecutor’s Homicide Unit is investigating the death of a Cherry Hill man who suffered a fatal head injury when he was pushed and fell at a popular tavern in Westmont, NJ.

The 65-year-old man died December 12 three days after he was hurt.

The article reported that a 27-year-old Haddonfield man pushed the man on Wednesday, December 9 at P.J. Whelihan’s on Haddon Avenue. It was not disclosed why the 27-year-old allegedly pushed the other man.

The 65-year-old man’s death was ruled a homicide yesterday and the individual who pushed him faces possible homicide charges.

The decedent was married and had two sons and two grandchildren.

This decedent’s family would be well advised to contact a wrongful death attorney. The 27-year-old man could be held both criminally and civilly responsible for his death.

Continue reading "Cherry Hill Man, Hurt in Westmont Bar Dispute, Dies" »

A 20-year-old Chester County man plead not-guilty on December 8 to charges that include homicide by vehicle, driving under the influence of drugs, and fleeing an accident.

According to an article in the Philadelphia Inquirer, the charges were from a crash on September 6 that killed a couple from Norristown.

The article said that the young man was found running from the scene and had been driving the wrong way on Route 202 (in Exton) when his 2006 Dodge Dakota collided with the victims’ Suzuki Sidekick.

Toxicology tests indicated that the 20-year-old driver had marijuana in his system to a degree that made him “unfit to safely operate a motor vehicle.”

The families of the victims said they would like him to be accountable and expressed concern that he may have received preferential treatment. The young man has been free on $50,000 bail since his arrest last month.

Continue reading "Chesco Man Pleads Not Guilty in Fatal Car Crash" »

A man from Ambler, PA was charged with third-degree murder in connection with a fatal car crash in Delaware County on November 10. According to an article in the Philadelphia Inquirer, the 18-year-old man allegedly was traveling at a high speed northbound in the southbound lanes of Route 352. He then drove his Ford Explorer though a red light at the intersection of Knowlton Road in Middletown Township. He collided with a car and broke the smaller Honda Accord into two pieces. The driver in the other vehicle died at the scene. The charged man was treated for injuries.

Drivers of two other cars caught in the pileup and a passenger also were hurt, but the Inquirer reported that their injuries were not life-threatening.

The 18-year-old also faces charges including aggravated assault, involuntary manslaughter, and recklessly endangering another person.

The 18-year-old should be held both civilly and criminally responsible for the motorist’s death and for injuring the other victims. The families of these victims would be well advised to seek the advice of an experienced wrongful death/personal injury attorney.

Continue reading "Ambler Resident Charged for Fatal Delco Car Crash" »

One worker was killed and another injured on November 10 when a crane tipped over at the construction site of a Kansas City, Missouri performing arts center. According to an article on KansasCity.com, the two men were in the bucket of the 100-foot-tall JLG Lift when it fell away from the Kauffman Center for the Performing Arts. It then landed across a platform of steel beams.

One of the men was pronounced dead at a hospital and the other was listed in serious but stable condition.

The men were installing steel panels on the building for Detroit-based subcontractor Midwest Steel.

According to the article, the center will be the home of the Kansas City Symphony, the Lyric Opera of Kansas City, and the Kansas City Ballet.

Crane accidents kill up to 82 construction workers each year in the United States, according to the U.S. Occupational Health and Safety Administration.

Continue reading "Kansas City Crane Accident Kills Worker" »

According to an article in the Philadelphia Inquirer, a Levittown man whose car allegedly slammed into a parked police car, causing the cruiser to fatally run over an Officer, was “impaired.”

A paramedic and a police traffic investigator testified that the suspect behaved “oddly” right after the accident on January 29.

The 37-year-old officer became wedged under his cruiser and suffered a skull fracture and multiple fractures of the left leg.

He died of multiple injuries.

The driver went on trial November 9.

According to a fellow Officer and accident reconstructionist for the Middletown police force, the driver’s eyes were “red and glassy” and he was incoherent when interviewed by first responders.

The man is charged with homicide by vehicle while driving under the influence of alcohol or a controlled substance. Court records have alleged that the man was high on methadone, marijuana, opiates and benzoylecgonine, a substance related to cocaine use.

Continue reading "Trial Over Officer's Traffic Death Address Impairment" »

A man from central Pennsylvania has been charged with drunken driving and homicide by vehicle in a crash that killed a taxicab driver and one of his passengers in October. According to an article on Philly.com, the 31-year-old man is also charged with aggravated assault by vehicle while driving under the influence and other counts.

The article said that his blood-alcohol level was above the legal limit, he tested positive for marijuana, and he told officers that he was texting at the time of the crash.

Police said the man’s car crossed the center line on Harrisburg’s Market Street Bridge on October 3 and hit the taxi head-on. The crash killed the 34-year-old male driver of Harrisburg and the 28-year-old female passenger of Camp Hill, PA. Her husband, a 31-year-old man, was injured.

Continue reading "PA Man Charged in Collision with Taxi that Killed 2" »

Two Penn State fraternities and two students were charged with misdemeanors in connection with the death of an 18-year-old freshman who fell onto a concrete stairwell after a night of drinking.

According to an article on Philly.com, University and State College police charged the Alpha Tau Omega and Phi Gamma Delta fraternities each with one count of selling or furnishing alcohol to minors and one count each of unlawful acts relative to alcohol. The 18-year-old freshman was found dead in September with a blood-alcohol level of 0.169 percent, more than twice the legal limit for a 21-year-old to drive. He was found about 75 yards from Phi Gamma Delta.

A 21-year-old female student and a 21-year-old male student are facing charges. According to the article, the female student bought vodka for her underage sister and for the teen who died earlier in the weekend. The male student hosted the deceased teen and his friends in his room at the Phi Gamma Delta house.

Continue reading "2 Penn State Students, 2 Fraternities Face Charges for Drinking Death" »

A New Jersey truck driver involved in a Route 9, NJ accident that led to the death of three people, has pleaded guilty to a felony charge of grossly negligent operation resulting in death. According to an article by The Associated Press, attorneys said they will ask a Vermont District Court judge to sentence the Deptford, N.J. man to one to 10 years in prison.

On April 16, 2008, the truck driver was driving a tractor-trailer on Route 9 in Woodford, NJ that overturned on a sharp, downhill curve. The truck hit two cars in the opposite lane, killing two men. A third man died five months later of injuries suffered in the crash.

The families of these victims deserve to be rightfully compensated for their tremendous loss. Every day throughout the country families are devastated when innocent loved ones are injured or even die as the result of traffic accidents.

Continue reading "Deptford Truck Driver Pleads Guilty in 2008 Triple Fatal Accident" »

The family of a Connecticut woman who died after her chenille bathrobe caught on fire has filed a federal lawsuit against a Pennsylvania-based retailer. According to an article by the Associated Press on Philly.com, attorneys for the estate of an 80-year-old woman filed suit last week in U.S. District Court in Hartford, CT against Blair LLC. They are claiming wrongful death and product liability and are seeking $30 million.

The woman was severely burned on Feb. 12, 2005, when her robe ignited as she made tea in her home. She died two weeks later.

The robes were linked to nine deaths. Blair recently expanded its recall of more than 300,000 chenille products it imported from a Pakistani manufacturer.

As a consumer, you have the right to assume that products you purchase or use have been produced in a manner that would ensure that they are safe and free from unreasonable risks. If a company manufactures or sells a product that is hazardous to the user, the company must be held liable for any injuries or fatalities that occurred due to the faulty product.

Continue reading "Bathrobe Fire Death: Connecticut Family Sues" »

A 40-year-old paralegal died after apparently being hit by a bicyclist in Center City, Philadelphia earlier in October. According to an article on Philly.com, the Center City law firm where the man worked has offered a $10,000 reward for information leading to the arrest and conviction of the person who struck the paralegal.

The man was taken to a nearby hospital on October 15, after police picked him up near the intersection of 16th and Locust. He was found on the street, bleeding from severe head injuries. The article said that he was put into a medically induced coma to prevent further brain swelling.
At first, police reported the incident as a transport to the hospital. They later learned that several people in the area heard a loud noise, then saw two men on the ground, one of whom had been riding a bicycle and apparently crashed into the paralegal. Witnesses told police that the cyclist then fled the scene.

The bicyclist should be held both criminally and civilly responsible for the death of this male paralegal. The family of any victim who dies in Pennsylvania due to someone’s negligence would be well advised to seek the advice of an experienced Philadelphia wrongful death attorney.

Continue reading "Paralegal Dies of Injuries from Being Hit by Bicyclist" »

A 75-year-old woman was injured on October 12 when an aerial lift crashed into the roof of a Center City apartment building, causing debris to fall on her. According to an article in the Philadelphia Daily News, the woman tried to protect her head, but the impact of the 125-foot boom broke her left arm and crushed her elbow. She fell face-first to the ground and debris and bricks from the roof hit her, fracturing her spine.

She, along with her attorneys, filed a notice of plans to sue Masonry Preservation Group, Inc., of Merchantville, N.J., and First Presbyterian Church, of 21st near Walnut. The aerial-lift operator was killed in the accident and two others besides the woman were injured.

The operator was repairing loose masonry on the church, when a huge wheel of the lift platform ran over a fiberglass and cement TV-cable box embedded in the sidewalk.

The weight of the heavy machinery broke the cover of the cable box and destabilized the lift, causing it to slowly fall, taking down a streetlight, taking out a section of the roof of an apartment building and landing on a Verizon truck.

The woman fell under the lift and tried to push it off of her. She fractured vertebrae in her back when debris and bricks fell on her. Her attorneys are looking into whether proper permits for the work were obtained for the masonry repair, or if there were violations by the city Licenses and Inspections Department or the U.S. Occupational Health and Safety Administration.

Continue reading "Lift Accident's 75-Year-Old Victim Files Suit" »

Metrolink, a commuter rail agency, agreed to pay about $30 million to settle most of the lawsuits from a derailment that killed 11 people and injured another 180 on January 26, 2005. A driver, Juan Alvarez, was trying to commit suicide and parked his gas-drenched SUV on the tracks.

A fast-moving Metrolink train struck the SUV, derailed and struck a parked Union Pacific locomotive before colliding with another Metrolink train traveling in the other direction.

According to an article, an attorney for the plaintiffs said Metrolink agreed to settle nearly 90 % of the cases, including nine wrongful death claims and 15 serious injury cases. Both sides are trying to resolve the remaining cases ahead of trial set for January 4.

Alvarez was convicted last year of murder for causing the crash and sentenced to 11 consecutive life terms.

If the civil trial proceeds, attorneys will argue the wreck could have been prevented if the engineer had hit the emergency brake. The engineer said he applied the emergency brake as soon as he realized the SUV was parked across the tracks. However, data from the train showed the engineer applied the service brake for six seconds, instead of immediately hitting the emergency brake.

It was the deadliest rail disaster in California history until last year, when a Metrolink train collided with a freight train in suburban Chatsworth, killing 25 people. A federal investigation revealed a number of safety violations, including a text message sent by the commuter train’s engineer seconds before the collision.

Continue reading "California Train Derailment Victims Settle for $30M" »

A freshman student at Delaware County’s Williamson Free School of Mechanical Trades died after he was electrocuted during a class on October 9th at the school’s power plant.

According to an article in the Philadelphia Inquirer, an 18-year-old male student from Darby Township apparently was wiring a large lamp when he was hit by a jolt of electricity.

The male student was rushed by ambulance to a nearby hospital and pronounced dead.

The school is still gathering information about the tragic accident. The college also will bring in accident experts to determine the exact cause and make sure the school’s accident prevention policies are adequate.

The Inquirer reported that other students were with the 18-year-old in the power plant. It was not clear how many or how close they were to him when the accident happened. There are about 40 students in this particular student’s electrical program who are typically together in the power plant.

The student’s family would be well advised to obtain a wrongful death attorney who could determine if there was any negligence or wrongdoing. When needless death occurs due to negligence of another party, wrongful death lawsuits 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. 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.

Continue reading "Electrical Accident Kills College Freshman" »

A 27-year-old man from Maple Shade, NJ has been charged with killing his passenger and an oncoming motorist while driving under the influence of marijuana.

According to an article in the Philadelphia Inquirer, the driver was charged with two counts of vehicular homicide and one count of assault by auto in the Aug. 9 deaths of a 63-year-old from Mansfield, and a 22-year old from Maple Shade.

He was driving west on Route 38 in Mount Laurel, NJ on Aug. 9 when he accelerated to prevent a sedan in the lane to his right from merging ahead of him.

According to the article, he lost control, struck the median, and went airborne into oncoming traffic. His Chevrolet pickup truck struck two vehicles, killing the driver of a Toyota Highlander. The man’s passenger died later that day.

Police determined that the man’s vehicle had exceeded 80 miles per hour just before the crash and that he was under the influence of marijuana at the time of the collision.

Continue reading "Fatal Route 38 Collision: Driver Charged with DUI" »

On October 12, a mobile crane working on a church steeple toppled near Rittenhouse Square, Philadelphia, killing the crane operator and injuring a woman standing nearby.

According to an article in the Philadelphia Inquirer, the orange aerial lift, working at the First Presbyterian Church at 21st and Walnut Streets, fell at about 1:15 p.m. that day. It knocked down a streetlight, sheared off a stoplight, and clipped the roof of a building on the north side of the street.

The crane operator was turning the machine when one wheel rolled over a cable access cover, the heavy lid gave way, the machine wobbled then fell. He was taken to a hospital, and was pronounced dead at 1:42 p.m.

The church had hired Masonry Preservation Group, of Merchantville, N.J. to perform a survey of the church’s stone exterior.

MPG does extensive work in Philadelphia on the maintenance and restoration of historic stone and masonry structures. It brought several of the truck-mounted cranes and set them up around the church.

According to article, the operator turned the crane, one of the four enormous wheels at the base rolled over a cable access panel. It started to tilt and it swayed out about 20 feet into the street. Then it swayed back towards the church. The second time it swung out, it toppled over.
The type of equipment involved in the accident, known as an AWP or aerial lift platform, is not technically considered a crane, and is not subject to the strict regulations put in place by Philadelphia last year.

The family of the crane operator would be well advised to contact an experienced Philadelphia 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 "Rittenhouse Square Crane Accident Kills Operator" »

The Obama administration reported on September 30 that nearly 6,000 people were killed and a half-million injured last year in vehicle crashes connected to driver distraction, an indication of the dangers of using mobile devices behind the wheel.

According to an article, the Transportation Department was bringing together experts over two days for what was called a “distracted driving summit” to take a look at the highway hazards caused by drivers talking on cell phones or texting from behind the wheel. Secretary Ray LaHood said the administration would be developing ways of curbing distracted driving.

Transportation officials said in a research report that 5,870 people were killed and 515,000 were injured last year in crashes where at least one form of driver distraction was reported. Driver distraction was involved in 16 percent of all fatal crashes in 2008.

The panel of government officials, safety advocates, researchers and lawmakers hoped to develop a consensus on the roadway hazards and hear warnings from young adults who caused car accidents because they were texting while driving.

The new data underscored the major problem of distractions involving young drivers. The greatest proportion of distracted drivers were those age 20 and under. Sixteen percent of all under-20 drivers involved in fatal crashes were reported to have been distracted while driving, the government said.

Continue reading "Almost 6,000 Deaths Caused by Driver Distraction" »

The widow of the small-plane pilot killed on August 8 in a collision with a helicopter over the Hudson River between New York and New Jersey has filed a wrongful-death lawsuit. According to an article by the Associated Press on Philly.com, she is accusing the helicopter operators of operating an aerial “bumper car.”

The crash killed nine people aboard the two aircraft, including the pilot from Ambler, Pa. The federal lawsuit filed this week in Philadelphia seeks more than $1.3 million in damages.
The woman sued tour company Liberty Helicopters, helicopter owner Meridian Consulting I Corp., manufacturer American Eurocopter and several of their insurers.

Her suit charges that Liberty and Meridian have a history of accidents and that American Eurocopter failed to equip the helicopter with sufficient safety equipment.

The crash also killed the pilot’s brother and nephew, along with the helicopter pilot and five Italian tourists.

The family also plans to sue the Federal Aviation Administration, which employed the controller, and a supervisor who had allegedly left on an unauthorized errand.

When needless death occurs due to negligence of another party, wrongful death lawsuits 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. It is recommended that families who think their family member’s death in Pennsylvania was wrongful first contact a wrongful death attorney in Philadelphia 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.

Continue reading "Wrongful Death Suit Filed Against Chopper Owner, Maker Over Hudson Crash " »

The trial is going to begin in a medical malpractice lawsuit following the death of a University of Pennsylvania sophomore. She died in September 2007 of meningitis. According to an article on Philly.com, her family claims that the Hospital of the University of Pennsylvania was negligent in performing a lumbar puncture on a patient with brain swelling, and that her brain herniated, killing her.

The hospital maintains that the sophomore received outstanding care and that the lumbar puncture, commonly known as a spinal tap, is the standard test for meningitis.

The suit is being heard in Philadelphia Common Pleas Court.

If you or someone you love has been treated with substandard care by a doctor or healthcare provider and has suffered an injury or disability as a result, that patient has been the victim of medical malpractice. Misdiagnosis, failure to diagnose, surgical errors, prescription drug errors, birth injuries, failure to treat diseases, delay in treatment, and negligence are just a few examples of medical malpractice. People of all ages are at risk for medical malpractice, including children, adults, and the elderly.

Continue reading "Trial Begins in Medical Malpractice Suit for Penn Student's Meningitis Death" »

A bankruptcy court judge overseeing certain Chrysler assets approved a $24 million settlement in the death of a California longshoreman run over by a Dodge pickup. According to an article, the settlement comes more than two years after a Los Angeles Superior Court jury awarded damages of more than $55 million to a deceased man’s family. The family argued the automaker had failed to fix and adequately warn consumers about a transmission defect that made it appear trucks were in park position, when they actually were between gears.

An appeal of the jury verdict by the former DaimlerChrysler was delayed by Chrysler’s Chapter 11 bankrupcty filing in April, leading to negotiations that resulted in a settlement.

The 38-year-old suffered fatal head injuries when he was run over by a 1992 Dodge Dakota at the Port of Los Angeles on April 13, 2004. Both sides in the lawsuit said he had left the truck running without setting the parking brake, but they differed on who was to blame for the accident.

Attorneys for the man’s family argued that the truck slipped into reverse after the man got out. Those attorneys said DaimlerChrysler had received more than 1,000 “park-to-reverse” complaints involving 1988 through 2003 model Dakotas. The family’s attorneys argued that the company issued a recall in 2000 but it was for repairs that failed to fix the problem.

Jurors found in March 2007 that DaimlerChrysler was negligent in the truck’s design, and for failing to warn consumers or adequately recall the vehicle.

Continue reading "$24M Chrysler Wrongful Death Settlement Approved by Judge" »

According to an article on Philly.com, a $4.85 billion fund was set up so that Merck & Co. Inc. can compensate kin of those who died of heart attacks or strokes.

The claims are from the families of more than 3,100 users of its Vioxx painkiller who died of heart attacks or strokes because of the drug.

The fund will pay about 3,000 claims for heart-attack deaths and at least 122 for strokes.
Merck launched Vioxx in 1999 and withdrew it in 2004 when a study showed the drug doubled the risk of heart attacks and strokes. Merck set up the fund in 2007 after reserving $1.9 billion to fight 26,600 Vioxx lawsuits.

The facts of each case determine the extent of Merck’s liability, which analysts once estimated to be as much as $20 billion overall.

Families of heart-attack victims who died will get an average payment of about $374,000. The amount will depend on the Vioxx user’s age, how long he or she took the drug, and whether the person had health risks such as obesity or hypertension.

Continue reading "Merck to Pay 3,100 Vioxx Claims" »

Rider University has settled a lawsuit with the family of a California student who died from alcohol poisoning at a fraternity event in 2007.

According to an article by the Associated Press, financial terms were not disclosed.

The university has agreed to ban alcohol in dorms and at on-campus fraternity and sorority social events, strengthen sanctions for alcohol violations, and tell parents about incidents.
Other changes already in practice include imposing stiffer sanctions for hazing, putting live-in directors in Greek houses, and posting information about fraternity misconduct on a Web site.

When needless death due to the negligence of another party occurs, like the death of the student in the above case, wrongful death lawsuits 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. 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.

Continue reading "Student's Wrongful Death Settled in Rider University Suit" »

On September 12, a Lower Township, NJ man was killed, and his wife and teenage daughter critically injured, when a man’s car crossed the center line on a curve and hit their car. According to an article in The Philadelphia Inquirer, the driver of the vehicle responsible for the accident was charged with death by auto and driving while intoxicated. This is his eighth drunken-driving arrest since 1996.

For 13 years, the legal system has tried to stop this particular man from drinking and driving. He was sent to alcohol treatment and to jail and his driver’s license was taken away. Yet the Philadelphia resident continued to get arrested.

On Saturday, September 12, a 50-year-old father of four was pronounced dead at the scene of the accident, minutes from his home on Route 9 in New Jersey.

His wife was taken to Atlantic City Regional Trauma Center, and their 13-year-old daughter was taken to Cape Regional Medical Center. Both remain in critical condition.

According to the article, the man who caused the accident had been through the system many times in Philadelphia and had been given numerous opportunities for rehabilitation. They took the man’s license away, but he was still driving. Many people have been killed by repeat offenders.

Mothers Against Drunk Driving is pushing for tougher legislation to target repeat offenders because the recidivism rate among drunken drivers is so high. After a third conviction in New Jersey, drivers are required to install ignition locks that prevent anyone from starting a car without first passing a breath test.

Continue reading "Man Responsible for Fatal Accident Had Series of Arrests" »

A Philadelphia man was arrested and charged with vehicular homicide in the deaths of a 91-year-old man and his 84-year-old wife in a Sept. 21 crash in Bensalem. According to the an article in the Philadelphia Inquirer, he was also charged with reckless endangerment and other offenses.

The article stated that the charged man “was the direct and substantial cause” of the crash that fatally injured the couple on their way home.

The man responsible for the wrongful death car accident should be held both criminally and civilly responsible for the death of the two individuals. Their family would be well advised to seek the advice of an experienced wrongful death attorney.

Continue reading "Philadelphia Man Charged for Double Fatal Crash in Bucks" »

The operator of a motorcycle whose passenger was ejected from the rear seat and thrown over the railing of a highway bridge into the Schuylkill has been charged with vehicular homicide in her death. According to an article in the Philadelphia Inquirer, the 21-year-old man was speeding on a stolen motorcycle when he struck the rear of a car while trying to pass it. The accident happened on the Dannehower Bridge on Route 202 in Norristown on June 23. The 19-year-old passenger from Norristown was thrown off the bike and over the side of the bridge, suffering fatal injuries.

The operator of the motorcycle suffered serious injuries but survived. He was charged with vehicular homicide, driving with a suspended license, receiving stolen property, and other offenses.

The man in this motorcycle wrongful death accident should be held both criminally and civilly responsible for the death of his female passenger. Her family would be well advised to seek the advice of an experienced Pennsylvania wrongful death attorney.

Continue reading "Motorcyclist Charged for Wrongful Death of Passenger" »

The Delaware County driver who lost control of her car while reaching for an iPod, killing one woman and injuring another, was found to have drugs in her system. According to an article in The Philadelphia Inquirer, the 20-year-old female of Havertown tested positive for marijuana and Difluoroethane, an ingredient found in Dust-Off, a can of compressed air used to clean computers.

The Upper Darby superintendent of police said they are recommending the District Attorney’s office charge the young woman with homicide by vehicle involving DUI, manslaughter, and other related charges. On August 15, two females, a 19-year-old and a 20-year-old, were struck from behind by the car the intoxicated driver was operating.

The 19-year-old was killed instantly; and the 20-year-old was hospitalized with multiple injuries. She is now at home recovering. According to police, the driver was heading south on Lansdowne Avenue when she lost control of her car, crossed two lanes of traffic, drove onto the sidewalk for 30 feet before striking the women. There were no skid marks at the accident scene.

The driver in this case should be held both criminally and civilly responsible for the death of the young teenage woman and for the injuries of the other female. Their families would be well advised to seek the advice of an experienced wrongful death attorney.

Continue reading "Driver Who Killed Woman Had Been “Huffing”" »

The family of two workers sued International Paper (IP) after an explosion killed a contract worker and injured 22 others at its Redwood, Mississippi plant on May 3, 2008.
According to this Associated Press article on Philly.com, the blast killed a 28-year-old male employee. The two workers who filed the lawsuit and several other workers were severely burned when the 12-story boiler exploded during an attempt to restart it after annual maintenance.

In the lawsuit filed last year, the IP plant acknowledged that the boiler had been shut down for maintenance, there was an explosion, and the company knew workers would be present that day. The company argued that workers did not exercise reasonable care for their own safety.
One of the employees, who was burned over 60 percent of his body, said that workers should have been cleared from the area before the boiler was restarted.

OSHA fined International Paper $77,000 in the months following the explosion for one alleged willful violation and one alleged serious violation.

OSHA also found that some company officials did not share an internal memo about starting the boiler with workers in the facility’s control room, the report said.

A settlement conference is scheduled for Sept. 15 in U.S. District Court in Gulfport.
Any worker who has sustained an injury arising out of and in the course of their employment has a potential workers’ compensation claim. The injury can occur while traveling on business, doing a work-related errand, attending a required business-related social function, or even while on a break or using restroom facilities and you are still legally covered by workers compensation.

Continue reading "IP Mill Explosion Settlement Proposals Due" »

A 29-year-old male motorcyclist was killed in a crash on September 5 on Route 1. State police are searching for a vehicle that may have caused the accident. According to this article in The Delaware County Times, the motorcyclist from the Drexel Hill section of Upper Darby, lost control of his motorcycle on Route 1 north approximately a quarter-mile north of Route 352.

A witness told police that a black sedan changed into the right lane and cut the motorcyclist off, causing him to brake hard and lose control of the motorcycle. The motorcycle did not make contact with any other vehicles. The Pennsylvania State Police (Media Barracks) are still investigating.

The motorcyclist’s family deserves to be rightfully compensated for their tremendous loss. They would be well advised to contact a skilled Philadelphia motorcycle accident attorney.

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. The latter is the most common cause of motorcycle accidents.

Continue reading "Route 1 Accident Kills Motorcyclist" »

On August 21, attorneys filed a lawsuit against the Chicago Cubs on behalf of the mother of a 21-year-old who died after a wall near the team’s stadium collapsed on him during a storm in 2007. According to a report, the lawsuit says the Cubs owned the structure near Wrigley Field that fell on the young man.

The suit claims the wall was slated for demolition but the Cubs failed to cordon off the area.
The man who was killed took shelter by the wall after a powerful storm struck. Workers found the badly injured man while clearing the rubble and he died a week later of head and neck injuries.

When needless death occurs due to negligence of another party, wrongful death lawsuits 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.

Continue reading "Chicago Cubs Face Lawsuit Wall Collapse that Killed Man" »

Six companies recalled millions of window blinds and shades after the deaths of three children who got caught in cords that help the coverings move up and down.

According to this article by the Associated Press on Philly.com, the recalls were announced on August 26 by the Consumer Product Safety Commission (CPSC). The recalls involve Pottery Barn Kids and IKEA as well as smaller companies that sold their window covers at retailers such as Target.

No deaths were associated with the blinds and shades from Pottery Barn Kids and IKEA, but CPSC says there have been six reports of children becoming entangled in the inner cord of the Pottery Barn Kids shades.

According to the CPSC, the three deaths, which date back to 2006, involved blinds or shades made or imported by Vertical Land Inc., of Panama City Beach, Fla., and Lewis Hyman Inc., in Carson, California.

A one-year-old was killed in 2007 when he became entangled and strangled in the lift cord loop of a roll-up blind from Lewis Hyman that had fallen into his portable crib, The company is recalling about 4.2 million of the blinds.

Continue reading "Wrongful Deaths Cause Blinds and Shades to be Recalled by Six Companies" »

According to court documents obtained by The Associated Press, drugmaker GlaxoSmithKline used a “ghostwriting program” to promote its antidepressant Paxil. This allowed doctors to take credit for medical journal articles mainly written by company consultants.

An internal company memo instructs salespeople to approach physicians and offer to help them write and publish articles about their positive experiences prescribing the drug.

The document was uncovered by a Los Angeles law firm, which is representing hundreds of former Paxil users in personal injury and wrongful death suits against GlaxoSmithKline. The firm alleges the company downplayed several risks connected with its drug, including increased suicidal behavior and birth defects.

Ghostwriting is legal in principal, but that said, it could contribute to illegal activity if the information is misleading and causes harm.

Articles from the company’s program appeared in five journals between 2000 and 2002, including the American Journal of Psychiatry and the Journal of the American Academy of Child and Adolescent Psychiatry.

Continue reading "Ghostwriting Used by Glaxo to Market Paxil" »

A Georgetown couple and their daughter died after a crash in Milton, DE. The couple’s other daughter remains in critical condition. According to an article in the Delaware County Times, a New Castle, DE man crossed into oncoming traffic on Del. Route 30 on August 23 and hit the family’s car.

The 33-year-old man and his wife, 32-year-old, were pronounced dead at the scene. Their 14-year-old daughter was pronounced dead at a nearby hospital. Their other daughter, an 8-year-old, was listed in critical condition at another hospital in Delaware.

The driver of the other car, a 22-year-old man, is charged with three counts of vehicular homicide and one count of vehicular assault. The accused driver should be held both criminally and civilly responsible for the deaths of the parents and their daughter. The victims’ family would be well advised to seek the advice of an experienced wrongful death attorney.

Continue reading "Delaware Couple and Their Daughter Die in Crash" »

On August 14, a 20-year-old driver who was distracted by her iPod struck two young women who had just walked out of Delaware County Memorial Hospital in Upper Darby, PA, killing one. According to an article in The Philadelphia Inquirer, the car struck a 19-year-old from Clifton Heights, and a 20-year- old from Lansdowne, from behind.

The 19-year-old was killed instantly and the other pedestrian was stabilized at the hospital and then transferred to an area Medical Center and was in “extremely critical condition.”

The driver, who is from Havertown, was treated for minor injuries.

According to police, the driver was heading south on Lansdowne Avenue when she lost control of her 2003 Hyundai Accent, crossed two lanes of traffic, traveled up onto the sidewalk for 30 feet, and struck the women. The car became trapped between a large tree and a brick wall.

The driver told police she was reaching down for the iPod, wasn’t paying attention, and lost control of the car.

The female driver could be held criminally and civilly responsible for the accident and for the death of the pedestrian. The families deserve to be rightfully compensated for their tremendous loss. They would be well advised to contact a Philadelphia wrongful death attorney who will file a wrongful death claim on their behalf and fight for their rights.

Continue reading "Driver Distracted by IPOD Hits Pedestrians" »

A Walt Disney World employee died during a stunt show practice on August 17. This is the theme park’s third worker killed on the job this summer. According to an article by the Associated Press on Philly.com, the worker suffered a head injury late August 17 while rehearsing an acrobatic move in the “Indiana Jones Epic Stunt Spectacular” and died shortly after. The move required the worker to jump into the air, dive over another performer and land in a tuck and roll onto a mat. The 30-year-old performer had only been with the show a week.

Earlier this month, 47-year-old died four days after being injured in a Magic Kingdom show. He was sword-fighting in “Captain Jack Sparrow's Pirate Tutorial” when he slipped and hit his head on a wall.

In July, a 21-year-old monorail driver was killed when his train and another monorail train collided.

An Occupational Safety and Health Administration investigator traveled to Disney World this week to begin an investigation that could take up to six months. The probe would be conducted separately from investigations into the two other deaths this summer.

According to the article, some union leaders at the theme park said they were concerned that the resort’s hiring of fewer workers this summer might affect safety. The work force this summer did not increase like it normally does during the busiest time of the year for Orlando’s theme parks. Because of longer park hours and longer lines, they need more staff to cover---this has not been the case this summer.

Continue reading "3rd Worker Killed This Summer at Disney World" »

A top executive at TD Bank died of brain injuries on August 7 after falling out of a moving golf cart at a fund-raiser for a NJ high school.

According to this article in the Philadelphia Inquirer, a 44-year-old man of Moorestown, NJ was a passenger in the cart at Rancocas County Club Golf Course in Willingboro Township, NJ. He fell out of it and was airlifted to a nearby hospital, where he later died.

The man was a senior vice president at TD Bank and was helping to raise money for a local high school’s football team.

Police are investigating the incident. The County Medical Examiner confirmed that the man had died of head trauma and that the death was accidental.

The family of the deceased man would be well advised to contact an experienced personal injury attorney. This attorney would be able to identify any negligence or wrongdoing. The accident may have been the result of an unsafe cart, driver error, or defective equipment.

Continue reading "Golfer Dies of Head Injuries after Fall from Cart" »

The University of Utah has settled a wrongful death lawsuit filed by the families of seven Chinese scholars killed in a 2003 van rollover auto accident in Pennsylvania.

According to an article, State officials agreed to pay nearly $500,000 to the plaintiffs, including three men injured in the crash.

In April 2003, the crash occurred in Pennsylvania during the Chinese delegation’s trip in the U.S., which the university organized. It involved a cross-country road trip from Utah.

The suit sought at least $3.5 million in damages, and claimed the university acted negligently by contracting with an unlicensed travel business in New York, which in turn hired an unqualified van driver.

Continue reading "University of Utah Settles Suit Over Deadly Pennsylvania Crash" »

A man of Kennett Square pleaded guilty to a vehicular homicide that happened on October 2, 2008. He crashed his car into a tree, killing his friend, while allegedly fleeing from police. According to this article on Philly.com, the 22-year-old was charged with homicide by vehicle while driving under the influence, DUI, and causing an accident involving death. He was not properly licensed and he also fled or attempted to elude an officer.

The young man was high on marijuana and driving without a license that day when an officer tried to pull him over in Chester County for an expired registration. When the officer approached the car, he accelerated suddenly and forced the officer to move out of the way to avoid being struck. The car crashed soon afterward.

The man’s front-seat passenger and friend died from the car crash in Pennsylvania.

The driver in this case should be held both criminally and civilly responsible for the death of his passenger. The DUI victim’s family would be well advised to seek the advice of an experienced wrongful death attorney. 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.

Continue reading "West Chester DUI Accident Kills Driver’s Friend" »

The parents of a toddler who died in the backseat of his caretaker’s locked minivan, sued the day care center in July, alleging negligence by those who “were under a legal and moral duty to provide competent and safe care.” According to this article in the Philadelphia Inquirer, the toddler was forgotten and left in the van for hours on July 1 when the temperature outside was more than 80 degrees. The temperature in the closed van could have been at least 40 degrees higher than it was outside.

By the time he was discovered outside the Fairy Tales Day Care Center in Penndel, Bucks County, PA, he was dead.

One of the defendants in the Pennsylvania wrongful death lawsuit is the family’s neighbor, an owner of Fairy Tales who drove the toddler to the day-care center but failed to take him inside. The police are weighing possible charges against the neighbor and driver. State regulators closed the center on July 7, but it reopened on July 10 after it appealed in court.

Many day care centers have policies for checking on an absent child, such as calling the parents. If this day-care center did have a policy like that, it did not follow it in this case because the family did not receive a phone call.

State regulators from the Department of Public Welfare have been trying to close the day-care center, citing safety and record-keeping violations.

Continue reading "Pennsylvania Day Care Center Sued for Negligence" »

A man was killed in a Montgomery County car accident in PA after a driver crossed into opposing lanes of traffic and struck his vehicle. According to a CBS news report, a 23-year-old man was heading west in a 2002 Buick station wagon when for an unknown reason, he crossed over to the eastbound lanes striking a 2006 Suzuki sedan. The driver of the Suzuki was pronounced dead at the scene. The driver of the Buick and a 50-year-old passenger were hospitalized with injuries.

Traffic accidents occur for a variety of reasons. In this particular case, it's not clear what caused the driver of the Buick to cross over to opposing lanes of traffic. These accidents could occur due to driver error – possibly an impaired, speeding, reckless or distracted driver. Or they could occur because the car had a mechanical problem. If such an accident were to be caused as a result of the driver's fault, the injured party or his family could seek compensation from the "negligent" driver.

Continue reading "Fatal Montgomery County Auto Accident" »

Federal officials are investigating a death from a workplace accident in Pennsylvania of a 19-year-old man who was killed during a July 4 fireworks display at Quakertown's Memorial Park in New Castle. According to this news report, the man had been an employee of the fireworks company for only six weeks and was part of a three-person team that worked on the fireworks display.

He was in the process of setting up the fireworks exhibition when a single shell malfunctioned causing an on-ground explosion. The explosion reportedly destroyed the containment bunker and the wooden debris struck the worker killing him. He died of blunt force trauma. In addition to local police, agents from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives are involved in the investigation of the circumstances of the young man’s death.

In cases where workers are injured on-the-job, the injured workers and/or their families will be entitled to receive worker's compensation benefits to cover medical expenses, lost earnings and other costs related to the injury or death. Worker's compensation in Philadelphia exists both as a way to benefit injured workers and as a way to protect employers. It is a no-fault insurance system which means that the only thing that needs to be proved is that the injury was sustained while on the job.

Continue reading "Investigation into Worker Killed at July 4 Fireworks Display" »

The family of a bicyclist who was killed two years ago after being hit by a drunk driver in a bicycle accident in Pennsylvania, has entered into a settlement with the driver and the restaurant blamed for selling alcohol to her even after she was intoxicated. According to this news report the fatal bicycle accident occurred Feb. 11, 2007 when the woman was driving after celebrating her birthday at a local restaurant with family members. Her blood alcohol content (BAC) was more than three times the legal limit, which is 0.08 percent in Pennsylvania. Last year, the woman pleaded guilty to homicide by vehicle and was sentenced to six years in state prison.

The lawsuit, filed in Lancaster County Court, asked for $100,000 in damages from the defendants. The lawsuit alleged that the restaurant sold liquor to the driver and her husband even after they were visibly intoxicated and failed to make sure that they had an alternative way to get home so neither one of them would have to drive. But attorneys for the restaurant argued that the woman did not appear intoxicated when she was at the restaurant.

Pennsylvania dram shop liability laws usually cover places of business that serve alcohol including liquor stores, bars, restaurants and clubs. These laws impose liability on businesses when they serve alcohol to someone underage or an individual who is already intoxicated who then goes on the break the law or cause an auto accident in Philadelphia that injures themselves or others. These cases are complicated because the indicators of intoxication can be contested as they were in this particular case.

Continue reading "Lawsuit in Fatal DUI Bicycle Accident Settled" »

A report said multiple failings led to a Green Beret's death in Iraq. According to this article by the Associated Press on Philly.com, the Defense Department’s inspector general determined that military leaders and a major military contractor failed to protect a Green Beret who was electrocuted while showering in his barracks in Iraq.

The Staff Sgt.’s wrongful death triggered an investigation, as well as a review of 17 other electrocutions in Iraq. He was a 24-year-old from Pittsburgh, PA. It also led to the ongoing electrical inspections of about 90,000 U.S.-maintained facilities in Iraq.

The inspector general’s found that “multiple systems and organizations” failed and exposed the Sgt. to “unacceptable risk.”

The man was electrocuted while showering when he came in contact with an energized metal shower and hose caused by the failure of an ungrounded water pump located on the roof of the building. The Houston-based military contractor KBR, Inc. installed the pump and adjacent water tanks.

KBR did not ground equipment during installation or report improperly grounded equipment during routine maintenance and KBR did not have standard operating procedures for the technical inspection of facilities.

According to the article, military commanders and key decision-makers failed to ensure that renovations were properly performed and did not address the maintenance situation. The Sgt.’s family has filed a lawsuit against KBR.

Continue reading "Electrocution Death of Pittsburg Sgt, Military and Contractor Faulted" »

A Philadelphia woman has been charged with driving while intoxicated following a Sunday car crash that killed her daughter’s friend.

According to this article in the Philadelphia Inquirer, a 47-year-old woman from Philadelphia was returning from a family reunion in Atlantic City when she lost control and swerved into a guardrail along the Atlantic City Expressway near Pleasantville.

Her maroon Buick sedan flipped over, trapping her and her 18-year-old passenger who sadly died at the crash scene.

The female driver’s 19-year-old daughter and two other young girls were also passengers in the car. One underwent surgery for a ruptured spleen following the accident and the other was evaluated for a lung injury.

The driver responsible for this auto accident should be held both criminally and civilly responsible for the death of the teen. Her family would be well advised to seek the advice of an experienced wrongful death attorney.

Continue reading "Philadelphia Woman Responsible for Fatal Crash" »

Because the number of Simplicity drop-side crib recalls has now reached two million, government safety regulators said that parents should discard drop-side Simplicity cribs sold mostly through Wal-Mart and other mass retailers. According to this article in the Philadelphia Inquirer, ten infant deaths in recent years have been blamed on Simplicity cribs' defective products.

A spokesman for the U.S. Consumer Product Safety Commission warned, “You should not put your baby to bed tonight in a Simplicity drop-side crib.”The agency said its warning did not apply to cribs on which parents had installed special hardware.

The agency recalled an additional 400,000 Simplicity cribs earlier this month, which brought the total number of recalled Simplicity cribs to two million in the last two years. The cribs recalled on July 2 were sold at discount stores between January 2005 and last month.

The Simplicity cribs’ hardware can break or deform, allowing the drop side to detach and create a gap between the mattress and the side of the crib where a small child could be trapped and suffocate.

Continue reading "400,000 More Recalls of Simplicity Cribs" »

The Philadelphia Daily News reported in a story that Synthes, Inc., a medical-device manufacturer in West Chester (as well as one of its subsidiaries and four company executives), was charged by a federal grand jury for allegedly scheming to conduct clinical trials using a bone cement on spinal fractures without the approval of the FDA.

Synthes Inc. specializes in trauma products and devices to treat damaged bone. According to the article, from May 2002 into fall 2004, a subsidiary, Norian Corp. conspired with Synthes and four Synthes executives to conduct unauthorized clinical trials of a bone cement called Norian SRS and Norian XR in surgeries to treat vertebral-compression fractures of the spine.

The article stated that the surgeries were performed despite a warning on the FDA-cleared label for Norian XR against this use. Before the marketing program began, the company knew that the bone cement reacted chemically with human blood in a test tube to cause blood clots. Despite knowing this, the company proceeded to market the defective product Norian XR for vertebral-compression fractures, and didn’t stop until three patients died on the operating table.

The patients were dependents of people serving in the U.S. military and died of hypotension, or a rapid drop in blood pressure.In January 2004, Norian and Synthes did not recall Norian XR from the market after the third patient died. Instead, they tried to cover up the details of the patient deaths by lying to FDA regulators during an official inspection in May and June 2004.

Continue reading "West Chester Company Penalized for Unlawful Clinical Trials" »

Darla Marshall, the second of two Kentucky widows, settled a federal lawsuit over surgical care she said killed her husband at an Illinois Veterans Affairs hospital. Major surgeries at this hospital have been halted for nearly two years after a spike in patient deaths.

According to an Associated Press article that appeared on Philly.com, the terms of the settlement over 61-year-old James Marshall’s July 2007 blood infection death six days after his lymph node biopsy at the VA hospital in Marion were not disclosed. Marshall sought $10 million in her wrongful-death lawsuit.

Another widow, Katrina Shank of Murray, Ky., settled for $975,000 last year for her lawsuit involving Robert Shank III, an Air Force veteran who was 50 when he bled to death in 2007 —one day after undergoing gallbladder surgery at the Marion site.

Both were patients of surgeon Jose Veizaga-Mendez, who resigned in August 2007 three days after Shank died.

Within a month of Shank’s death, surgeries at the Marion site, which serves veterans from southern Illinois, southwestern Indiana and western Kentucky, were halted after the VA found that at least nine deaths between October 2006 and March 2007 were “directly attributable” to substandard care there.

The article said that the VA’s findings of medical malpractice did not put the sole blame on Veizaga-Mendez, but Shank’s lawsuit said many or all of those who died were his patients. According to the article, of an additional 34 cases the VA investigated, 10 patients died after receiving questionable care that complicated their health.

Continue reading "Settlement Reached for 2nd Kentucky Widow Over Husband's VA Death" »

A temp worker at a Camden chocolate processing plant, died on July 8 in a workplace accident after he fell into an eight-foot vat that was mixing and melting chocolate to be used in Hershey’s candy. According to this article in the Philadelphia Inquirer, the worker was standing on a platform and tossing blocks of solid, raw chocolate into the tank.

The tank was heated at 120 degrees Fahrenheit, and paddles inside stirred the chocolate as it was thrown in. When the man fell, one of his three coworkers on the platform immediately rushed to turn the machine off. The two others tried to pull him out.

He was struck by one of the paddles and suffered fatal injuries. He was pronounced dead at the scene. The decedent worked at a plant owned by Lyons & Sons, Inc., which is contracted by Cocoa Services, Inc. to process chocolate.

The mixing process was a daily task performed by the workers.

According to the article, the federal Occupational Safety and Health is investigating the incident.

The family of the 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.

Continue reading "Accident at Hershey Chocolate Plant Kills Worker" »

Officials in Norristown, Pennsylvania, are investigating what caused a motorcycle accident, which killed a 19-year-old woman. According to this news article in the Philadelphia Inquirer, the woman who was a passenger on the motorcycle had been thrown off the vehicle and off the Route 202 Dannehower Bridge. Divers found the woman's body in the river. According to news reports, officials believe that another vehicle was involved in this fatal accident.

The National Highway Traffic Safety Administration (NHTSA) estimates that 4,000 deaths and about 76,000 injuries occur every year in the United States as a result of motorcycle accidents. There are a number of reasons why Pennsylvania motorcycle accidents occur. But the most common causes include dangerous roadway conditions, defective motorcycle parts, alcohol, driver error and driver fatigue. Some passenger vehicles simply don't comprehend the rules of the road and hit a motorcycle while making an unsafe lane change. Motorcycle accidents often result in catastrophic injuries including brain injury, broken bones, spinal cord injuries and even death.

If you have been involved in a motorcycle accident, please do not accept a "quick fix" settlement insurance companies may try to talk you into. If you or a loved one has been seriously injured in a motorcycle accident or any auto accident as a result of someone's negligence or wrongdoing, you may be entitled to compensation to cover your medical expenses, loss of earnings, long-term medical care and other related damages.

Continue reading "Pennsylvania Motorcycle Accident Kills Woman" »

A 19 year old employee of Zambelli Fireworks Internationale of New Castle, Pa., was hit and killed by pieces of a sand-filled wooden launching container that was shattered by a ground explosion. According to this article in the Philadelphia Inquirer, he died of neck trauma at a July Fourth celebration in Quakertown, PA. His death was ruled a workplace accident in Pennsylvania.

The launching device that exploded on the ground is the focus of federal, state, and local investigations into the July 4th death of this fireworks employee.

According to one State police Sgt., there was a malfunction either from the tube itself that shoots the projectile or the charge at the bottom of the tube that propels the device.

Bucks County officials said the teen suffered blunt-force trauma and was pronounced dead at St. Luke’s Hospital-Quakertown, PA.

State police, the federal Bureau of Alcohol, Tobacco and Firearms, the federal Occupational Safety and Health Administration, and state and county fire officials are all investigating the tragic PA workplace accident.

The employee’s death was one of five on the Fourth of July for pyrotechnics workers. Four others were killed in a single blast while unloading fireworks on Ocracoke Island in North Carolina’s Outer Banks.

Continue reading "Pennsylvania Fireworks Employee Killed " »

Two monorail trains crashed early morning on July 5 in the Magic Kingdom section of Walt Disney World, killing one train’s operator. According to this article by the Associated Press that appeared on Philly.com, it was the first fatal crash in the monorail’s 38-year history in the park.

The transit system, which shuttles thousands of visitors around the Disney resort each day, was shut down while authorities investigated the wrongful death accident.

The monorail operator died at the scene of the crash. The other train operator was uninjured, but was taken to a hospital because he was emotionally shaken. Five park guests were treated at the scene.

It is unclear what caused this tragic crash and officials are still sifting through the evidence.
According to the article, the crash happened at the park’s ticket and transportation center.

The family of the deceased operator would be well advised to contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing.

Continue reading "Operator Killed in Walt Disney World Monorail Collision" »

A safety foundation has asked General Motors Corp. to recall its 2000-01 sedans and refit their trunks with emergency-release latches. According to this article by the Associated Press on Philly.com, this comes after two Arkansas children were found dead in the trunk of a 2000 Chevrolet Malibu.

Kansas-based Kids and Cars said that although Ford has installed glow-in-the-dark handles inside all trunks since 2000, General Motors offered the latches only as an option on models made before 2002.

GM did not say what action the company might take in the wake of deaths regarding their trunk's auto product liability.

A Washington County Coroner said it appears a 5-year-old and a 4-year-old of Springdale died accidentally in the car’s trunk last week.

Police said it is likely that the children were playing in the trunk when it closed and they likely died of asphyxiation. Temperatures were nearly 90 degrees the day they died. Further investigation of the wrongful deaths is needed.

The National Highway Traffic Safety Administration released data for “non-traffic” deaths in January that showed three people died in 2003-04 after being closed inside a trunk. In a one-month period of 1998, 11 children were found dead in car trunks, prompting calls for trunk-release latches.

Continue reading "Safety Group Asks GM for Trunk-Latch Recall" »

An ammonia leak on June 20 at a poultry processing plant in North Carolina killed one worker and injured four others.

According to this article on Philly.com by the Associated Press, the leak occurred about 10 a.m. Saturday, June 20 at the Mountaire Farms plant in Robeson County, NC (about 16 miles south of Fayetteville).

The worker who died was identified as Clifton Swain, 47, of Fayetteville. Four other workers were taken to hospitals with injuries.

The County Emergency Management Director told The Fayetteville Observer that the leak has been contained.

The ammonia leak happened while workers were doing maintenance work on a piece of machinery at the plant and it has been ruled simply as a workplace accident.

The plant employs 2,500 people. About 30 to 40 people were at the plant when the leak occurred.

The workers from the Mountaire Farms plant who sustained any injuries and the family of the worker who died because of the leak are 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 "Ammonia Leak at NC Plant Kills 1 Worker, Injures 4" »

The parents of a Chester County teen who fell to his death two years ago in an abandoned mine shaft while working with underprivileged children in Mexico, are suing the companies that organized the trip.

According to this article that appeared on Philly.com, the parents of the teen filed a wrongful death suit in Philadelphia court last week against Travel for Teens L.L.C. of Wayne and Casa de los Angeles, an Illinois corporation.

On July 20, 2007, the parents’ sixteen year old son was participating in a summer volunteer program and went on a field trip with 30 U.S. teens and 80 Mexican children. While playing tag with a group of children in the Cinco Senores mine in Guanajuato, Mexico, the boy fell into a 500-foot shaft that had no warning signs or railings.

The suit says that the failure of the program organizers to warn participants about the dangerous conditions constituted gross negligence. The teen’s parents are seeking more than $50,000 in damages.

Continue reading "Philadelphia Wrongful Death Lawsuit against Volunteer Programs" »

The government is investigating if heart attack survivors enrolled in a controversial federal study of an alternative treatment were told about possible health risks.

According to this article, the $30 million study with 1,500 participants, is one of the largest alternative medicine experiments. It tests high doses of vitamin and mineral supplements and chelation, a treatment used for lead poisoning. It has not been proven safe or effective for heart disease and has the potential to cause drug injury.

Last August, the federal Office of Human Research Protections began a probe into whether the people in the study were being fully informed of risks and adequately protected. Researchers then suspended enrollment.

Chelation involves intravenous doses of a drug, in this case disodium EDTA. Proponents claim it can flush out calcium that has built up in artery walls.

According to the article, the study’s consent form does not tell participants that others have suffered wrongful death from chelation. More than half of the doctors running the study make money by selling chelation treatments, which is a conflict of interest.

Continue reading "Chelation Heart Disease Study Investigated by Government" »

On June 10 in Austin, Texas, scaffolding on the 11th floor of a building collapsed and two workers who were on it fell to their deaths. A third worker was critically injured. According to this article, four men were on the scaffolding last week when it collapsed. The fourth worker suffered minor injuries.

Authorities do not know what caused the scaffolding to collapse, resulting in the wrongful death of two workers.

The workers here who sustained any injuries and the families of the workers who died because of the collapse are 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 "2 Workers Killed in 11th Floor Scaffolding Collapse" »

A 23-year-old Indiana County man died and a teenage girl suffered major injuries after the all-terrain vehicle they were in crashed into a utility pole, according to this news report. Ryan Dixson Henry was driving around the borough with a 15-year-old passenger when he drove off the road near 3rd and Main streets. Pennsylvania State police officials said Henry first struck a newspaper box and then a utility pole, causing both him and the girl to get thrown from the vehicle in this PA wrongful death accident. Neither person was wearing a helmet. Henry was taken to an area hospital where he was pronounced dead shortly after the ATV crash. He apparently died of head and chest injuries. The girl, who has not yet been identified, suffered serous injuries, the report stated.

ATV auto accidents in Philadelphia can cause serious injuries and even deaths. In this case, it is unfortunate that both the rider and the passenger were not wearing helmets. Safety gear is a must while riding an ATV. According to the U.S. Consumer Product Safety Commission (CPSC), there were 750 deaths and 146,600 injuries reported in 2006 as a result of ATV accidents in the United States. Officials say that at least one-third of ATV accident victims are children under 16 years of age.

ATV accidents can happen because of driver error, inattention or simply inexperience. However, often times, ATV crashes also occur because of a manufacturing or design defect. If you believe you have been seriously injured in an ATV accident because of a product defect, you would be well-advised to consult with an experienced Pennsylvania product liability attorney. You may be eligible to receive compensation from the manufacturer of the defective product to cover medical expenses, loss of earnings and other related damages. If you have been seriously injured as a result of a product defect, please call Cherry, Fieger & Marciano LLP. for a free and comprehensive consultation.

Michael Tangora of Hookstown died after a two-vehicle collision in Chester, Pennsylvania on U.S. Route 30, the Herald Star reports. Hancock County Sheriff's officials said the head-on collision occurred when an eastbound truck on the highway traveling at a high rate of speed crossed the center line and struck a car. Two others – Anita Benz and Glenn Robert Krugle III, were airlifted to Pittsburgh area hospitals for treatment of injuries they sustained in the car crash. This fatal auto accident is still under investigation.

The consequences of an auto accident in Philadelphia can be devastating. As it occurred in this case, major injuries or death could occur as a result of an auto accident. According to the National Highway Traffic Safety Administration (NHTSA) approximately 40,000 people die in the United States as a result of traffic accidents.

Also as in this case, auto accidents can occur as a result of someone's negligence or error. In this case, one of the drivers crossed over the center line and collided head on with the other vehicle. Distracted driving, reckless driving or driving under the influence is also considered "negligence" in Pennsylvania. If you have been seriously injured in a Philadelphia car accident by a negligent driver, you need to get in touch with an experienced Pennsylvania car accident attorney, who can analyze the case thoroughly, determine the facts, identify the negligent parties and hold them accountable.

At Cherry, Fieger & Marciano LLP., our skilled PA personal injury lawyers have obtained fair compensation for auto accident victims who have suffered major injuries or families that have lost loved ones as a result of another motorist's negligence. Call us today for a free consultation and evaluation of your Philadelphia personal injury claim.

A Pennsylvania motorcyclist was killed after crashing head-on into a minivan on Route 352 in Delaware County, according to this CBS News report. According to Pennsylvania State Police, the motorcycle was traveling southbound on Route 352 when it veered into the northbound lanes and struck a Dodge Caravan. The motorcyclist, 53-year-old Jeffrey Hoyle, was thrown from the motorcycle and was pronounced dead at the scene of the PA auto accident. Five people inside the van, including a 2-year-old child and a 91-year-old man, were taken to an area hospital with unknown injuries.

Motorcycles are increasingly becoming a popular means of transportation in the United States and here in Pennsylvania especially given the current economic pressures and rising gas prices. But unfortunately, riding motorcycles is risky. Very often, when it comes to motorcycle accidents in Pennsylvania, it is the motorcyclist who suffers major injuries or death. The National Highway Traffic Safety Administration (NHTSA) estimates that 4,000 deaths and 76,000 injuries each year in the United States can be attributed to motorcycle accidents.

Motorcycle accidents can occur due to many reasons including the motorcycle's error, use of alcohol or drugs, a product defect in the motorcycle, a dangerous condition on the roadway or because of the other motorist's negligence. Motorcyclists can lose control of their vehicles also because of a mechanical malfunction or a product defect, which can trigger a mechanical malfunction. If your motorcycle accident is caused as a result of a product defect or another person's negligence, you are entitled to compensation for your injuries, damages and loss. If you have been injured in a Pennsylvania motorcycle accident, please call the experienced Philadelphia motorcycle accident lawyers at Cherry, Fieger & Marciano LLP. to find out more about your legal rights and options.

Rubiel Sanchez-Ramirez caused a fatal car accident in Clayton, NJ on June 2. According to this article in the Philadelphia Inquirer, he was charged with causing a death while driving without a license and cited for several lesser violations. His bail was set that same day at $100,000 in Gloucester County, NJ.

Sanchez-Ramirez was driving an SUV in Deschler Blvd. in NJ when he struck and killed Mary P. Rogers, 52, of Williamstown, NJ.

According to the article, Sanchez-Ramirez, 25, received only minor injuries.

He was detained in Gloucester County Jail by the U.S. Immigration and Customs Enforcement Agency because of his alleged status as an illegal alien from Mexico.

Sanchez-Ramirez should be held both criminally and civilly responsible for the accident and the death of Mary P. Rogers. Her family deserves to be rightfully compensated for their tremendous loss. They would be well advised to contact a Philadelphia wrongful death attorney who will file a wrongful death claim on their behalf and fight for their rights.

When needless death occurs due to negligence of another party, Philly wrongful death lawsuits 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.

Cherry, Fieger, and Marciano understand the devastating impact a Pennsylvania wrongful death can have on a family. Call 888-845-2706 today for a free case evaluation and more information.

Ray Kot, a shift manager at the Trump Taj Mahal Casino Resort, was fatally shot May 27 in a storage room just off the casino floor. According to this article in the Philadelphia Inquirer, a suspect identified by state police as a 57-year-old man from Norristown, PA was arrested inside the casino’s parking garage. Police also recovered a handgun that may have been used in the wrongful death incident.

Kot was pronounced dead about 2 1/2 hours after the shooting.

The shooting apparently happened in a nonpublic area of the casino where gaming supplies are stored. This area is not visible from the casino floor.

Kot was shot in the abdomen and rushed to the trauma unit at AtlantiCare Regional Medical Center.

The New Jersey Division of Gaming Enforcement, which is handling the investigation, declined to provide further details about what happened or what may have prompted the shooting. No casino patrons or any other employees were injured and no one was evacuated from the casino.
According to the article, the gunman was not a casino employee, and there did not appear to have been a dispute between Kot and the gunman before the incident. State police said the suspect apparently knew Kot from past instances as a patron at the casino.

Kot was an employee at the casino since it opened in 1990.

The shooting was the second incident involving gunshots at the Taj Mahal this year. In January, a suspect in a New York embezzlement case pulled a gun and threatened to kill himself in an office there.

The family of Ray Kot is entitled to worker’s compensation benefits through his employer, Trump Taj Mahal Casino Resort. These benefits often are inadequate and may not be enough to cover expenses of a deceased worker’s family. It may be in the family’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 "Shift Manager Killed On-the-Job at A.C. Casino" »

On May 25, a 53-year-old Glen Riddle, PA resident died and six people were injured when a motorcycle collided with a van on Route 352 and Gradyville Road in Delaware County, PA.

According to the article in The Philadelphia Inquirer, the crash occurred at about 8 p.m. when Jeffrey Hoyle, operating a Harley-Davidson motorcycle, headed southbound on Route 352, crossed into oncoming traffic.

The motorcycle hit a Dodge Caravan driven head on. The van was driven by Evelyn Hill of Philadelphia. Hoyle was thrown from the motorcycle and pronounced dead at the scene. Hill and five passengers were taken to a nearby hospital for treatment of minor injuries.

The family of Jeffrey Hoyle would be well advised to obtain Philadelphia's skilled motorcycle accident attorneys so they may be compensated for their loss.

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. The latter is the most common cause of motorcycle accidents. 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. Unfortunately, the toll is usually on the side of the motorcyclist in these cases. 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.

The National Highway Traffic Administration (NTHSA) estimates that 4,000 deaths and around 76,000 injuries take place every year due to motorcycle accidents.

The attorneys of Cherry, Fieger, Marciano understand the severity of Philadelphia motorcycle accidents and their life-changing effects. They have what it takes as personal injury attorneys to conduct discovery, gather appropriate testimony, stand up for you in court, and get the compensation you deserve —and they are offering a free case consultation today.

On May 27, authorities identified a motorist killed in an Evesham, NJ auto accident over Memorial Day weekend as a resident of that township, 19-year-old Shawn English.

According to the article on Philly.com, Thomas Thorn Jr., 22, of Tabernacle, NJ was driving a pickup truck when he struck English’s vehicle as it was crossing Route 70 on Maple Avenue around 1:15 a.m. on Sunday, May 24.

The article said that a preliminary investigation showed that Thorn, who is in stable condition, disregarded the traffic signal before his truck hit English’s vehicle. No charges had been filed yet as the investigation continued.

Every day throughout the country families are devastated when innocent loved ones are injured or even die as the result of traffic accidents.

The aggressive and skilled Philadelphia car accident attorneys at Cherry, Fieger and Marciano, LLP, represent clients who have been seriously injured in motor vehicle accidents throughout the state of Pennsylvania. They have the experience and knowledge that are necessary to represent clients involved in even the most complex car accident cases. When preparing your case, their skilled team of attorneys 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 you or a loved one has suffered severe physical injuries in an automobile accident in Pennsylvania, please call Cherry, Fieger and Marciano, LLP for a free case evaluation.

Marquetta Grate, a 28-year-old Pittsburgh woman, died after being hit by a utility pole that was knocked down by a truck on May 15.

According to an article, Grate was waiting for a bus in Pittsburgh’s East Liberty neighborhood when a tractor-trailer making a right turn hit the pole and made it fall.

Grate tried to get out of the way, but was hit. She was taken to a hospital and later died.

The family of Marquetta Grate will need the services of a knowledgeable, experienced and skilled Pennsylvania personal injury attorney who will do a thorough investigation. Their attorney should be looking at other causes for this accident like a dangerous intersection, bad brakes, and so on.

If you suspect a loved one shouldn’t have died at all and that their death was due to the action or lack of responsible action of another person, Philly wrongful death lawsuits 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.

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 an experienced Philadelphia 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.

If you or someone you know has been injured or died due to negligence in Pennsylvania, we can assist you in evaluating your case. Contact a skilled Philadelphia personal injury lawyer at Cherry, Fieger, & Marciano today by calling 888-845-2706.

On May 13, a jury awarded Rosalyn James $2.185 million in a Philadelphia medical malpractice suit against St. Joseph’s Hospital and two emergency-room physicians. Her husband, Zachary James, died at the North Philadelphia hospital when his heart stopped beating on April 20, 2006.

According to this article in the Philadelphia Daily News, Mrs. James filed a lawsuit claiming her husband’s death may have been preventable if someone had just looked at his X-rays before he died.

James, 51, began experiencing chest, back, and leg pains on April 20. He called 9-1-1 and was transported to St. Joseph’s in Philadelphia. James was seen by the attending emergency-room physician, Dr. Thomas Powell, within a half hour, who ordered several lab tests, including X-rays and echocardiograms, but it took almost two hours for some of the tests to be performed.

Powell left the hospital to attend a corporate meeting, leaving a physician who was serving his first day on the job at St. Joseph’s. The emergency-room physician did not review the X-rays before they were sent to radiology, as per hospital procedure.

Zachary James died at 7:05 on April 20 from a dissecting aortic aneurysm, a condition in which blood gets between the layers of the aorta wall and fills up the sac surrounding the heart, constricting it until it's unable to pump. The X-rays and other tests would have revealed this condition before James had to suffer a wrongful death in Pennsylvania.

According to the article, the hospital and doctors pursued two defenses at trial. One was that Zachary James had a history of hypertension and “chronic noncompliance” in taking his blood-pressure medication.

The other was that quickly identifying James’ condition still may not have allowed enough time to properly transfer him to another hospital where the necessary surgery could have been performed. The defense argued that he was never given the opportunity to survive and the jury found both doctors and the hospital liable.

When a patient like Zachary James has been treated with substandard care by a doctor or healthcare provider and has suffered an injury or disability as a result, the patient has been the victim of medical malpractice. Misdiagnosis, failure to diagnose, surgical errors, prescription drug errors, birth injuries, failure to treat diseases, delay in treatment, and negligence are just a few examples of medical malpractice. People of all ages are at risk for medical malpractice, including children, adults, and the elderly.

Medical malpractice is a distressing situation, and the Philadelphia medical malpractice lawyers at Cherry, Fieger, and Marciano, LLP, will make the process as simple as possible for you. If you or a loved one has been the victim of medical malpractice in Pennsylvania, please contact Cherry, Fieger, and Marciano, LLP today for a free consultation with a skilled Pennsylvania medical malpractice attorney.

For the second time in one week, a pedestrian was fatally struck by a hit-and-run driver while crossing a busy Philadelphia intersection.

According to this article in The Philadelphia Inquirer, the unidentified man was on Ninth Street and Roosevelt Boulevard in Hunting Park.

The victim was pronounced dead at 2:22 a.m. on May 8 at Temple University Hospital.

The man was crossing Ninth Street and stepped into an outer lane of the Boulevard when a northbound vehicle hit him.

The intersection has a traffic light with a camera, so authorities may be able to determine who had the signal and whether that camera or any others in the area captured helpful images.

According to the article, the vehicle was believed to be a minivan, possibly a dark-gray Chrysler Town and Country, with tinted windows. There was heavy damage to the front passenger side, where a headlight and the windshield were broken, the hood damaged, and the antenna ripped off.

An investigation continued into another pedestrian accident in Philadelphia that week that killed another person 1.3 miles away at Erie Avenue and 19th Street in Tioga.

Luciano Rios, 30, was charged with leaving an accident, involuntary manslaughter, homicide by vehicle, homicide by vehicle while driving under the influence, and related offenses.

Rios should be held criminally and civilly responsible for the accidents, injuries and the deaths of these victims. There families would be well advised to contact a skilled Pennsylvania wrongful death attorney. 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 attorneys at Cherry, Fieger, Marciano 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.

A medical malpractice tribunal will decide whether a lawsuit can move forward against a psychiatrist who prescribed powerful drugs for a 4-year-old girl who later died of an overdose.

According to this article in USA Today, Michael and Carolyn Riley are awaiting trial on murder charges for their daughter, Rebecca’s 2006 death. The psychiatrist is accused of intentionally overdosing the girl to keep her out of the way.

A lawyer for Rebecca’s estate argued in March that Dr. Kayoko Kifuji should be held responsible in her death, claiming that Kifuji diagnosed her with bipolar disorder too quickly and did not monitor her condition closely.

When a patient, such as Rebecca Riley, has been treated with substandard care by a doctor or healthcare provider and has suffered an injury or disability as a result, the patient has been the victim of medical malpractice. Misdiagnosis, failure to diagnose, surgical errors, prescription drug errors, birth injuries, failure to treat diseases, delay in treatment, and negligence are just a few examples of medical malpractice. If you or a loved one has been the victim of medical malpractice in Pennsylvania, please contact Cherry Fieger and Marciano, LLP today for a free consultation with a Philadelphia medical malpractice attorney.

In severe cases of medical malpractice when a patient dies as a result of the negligence by the healthcare provider, the patient has been the victim of medical malpractice and wrongful death. In most cases, a Pennsylvania wrongful death claim may be handled along with a medical malpractice claim.

Paul Frankel, an Oklahoma City surgeon has been accused of medical malpractice in a lawsuit. According to this article, a father is suing over the death of his son, a Russian teenager who died after a risky brain stem operation.

This lawsuit is one of seven suits filed in Oklahoma County District Court against Frankel so far this year. He stopped practicing in December while he is under investigation by state medical officials.

Frankel performed a free surgery on Russian David Kurbanov in October 2006 to remove a tumor on his brain stem. Kurbanov slipped into a coma and never recovered. He died at the age of 16 in June of 2007.

Sabit Kurbanov, the boy’s father, said that the surgeon used his boy as a “guinea pig” for publicity. The lawsuit alleges that the care and treatment of David was below acceptable medical standards.

In another lawsuit against Frankel, a patient accuses the doctor of using the wrong size rods in 2007 during surgery for a herniated disc. The patient complained he had to have two more surgeries but ended up with permanent injuries.

If a patient, such as David Kurbanov, has been treated with substandard care by a doctor or healthcare provider and has suffered an injury or disability as a result, the patient has been the victim of medical malpractice. Misdiagnosis, failure to diagnose, surgical errors, prescription drug errors, birth injuries, failure to treat diseases, delay in treatment, and negligence are just a few examples of medical malpractice. If you or a loved one has been the victim of medical malpractice in Pennsylvania, please contact Cherry Fieger and Marciano, LLP today for a free consultation with a Philadelphia PA medical malpractice attorney.

In severe cases of medical malpractice, when a patient dies as a result of the negligence by the healthcare provider, the patient has been the victim of medical malpractice and wrongful death. In most cases, a Pennsylvania wrongful death claim may be handled along with a medical malpractice claim.

The parents of an 18-year-old boy who suffered a brain injury in a 2007 snowboarding accident say his doctors “intentionally killed” him to harvest his organs. According to an article that appeared on www.abcnews.com, Michael and Teresa Jacobs of Ohio filed a lawsuit in March in the U.S. District Court of Western Pennsylvania, claiming that doctors “hastened” their son Gregory’s death by delaying treatment and ultimately pulling his breathing tube.

Mr. and Mrs. Jacobs said their son had not been formally declared brain dead when surgeons began the transplant procedure and are seeking $5 million in damages.

The medical malpractice lawsuit in Pennsylvania said that he would have lived, or, at the very least, his life would have been prolonged. The family claims that if their son had been properly treated, he would have had a chance of substantial recovery.

They have charged doctors at Hamot Medical Center in Erie, Pa., and a representative of the Center for Organ Recovery and Education (CORE) in Pittsburgh.

The Hamot Medical Center and the organ center maintained that the treatment administered was “timely, appropriate and well-documented.”

The suit also alleges that the Center for Organ Recovery and Education benefited by obtaining Gregory Jacobs’ organs “for transfer and sale to other individuals, who then paid money, a portion of which went to CORE, for the wrongful procurement of the organs.”

It also alleges that Mr. Jacobs was pressured into signing a do-not-resuscitate order and authorizing the organ transplant. The teen's heart, liver, and kidney were donated.

Continue reading "Parents' Hospital Lawsuit Says Teen was "Killed" for Organs" »

Caraco Pharmaceutical Laboratories Ltd. is recalling all lots of Digoxin tablets because the defective product in Pennsylvania and throughout the nation might vary in size and deliver different doses of the drug.

According to an article that appeared on FoxBusiness.com on March 31, there have been “several adverse events” linked to the recalled heart medication. The adverse events include complaints reported by patients about side effects and may or may not be attributable to the product. So far there have been no reported deaths.

Digoxin is a prescription drug used to treat heart failure and abnormal heart rhythms. A higher than labeled dose might pose a risk of toxicity in patients with renal failure. According to the company, this can cause nausea, vomiting, dizziness, low blood pressure, and cardiac instability. Excessive digoxin intake can result in Philly wrongful death. A lower than labeled dose could cause decreased drug effectiveness, possibly resulting in cardiac instability.

The recalled items include Caraco Digoxin, USP, 0.125 milligrams and Caraco Digoxin, USP, 0.25 milligrams.

People of all ages take prescription drugs, non-prescription drugs, and supplements on a daily basis in the United States to prevent and treat various illnesses. Although these medications are supposed to help people, many people have suffered serious side effects, and even death.

If you or a loved one has been injured as the result of a dangerous drug reaction in Pennsylvania, the skilled Pennsylvania pharmaceutical drug litigation attorneys at Cherry Fieger and Marciano, LLP may be able to help you recover the monetary compensation that you deserve.

Continue reading "Digoxin Heart Drug Recalled" »

An Irish Pub bar employee in Atlantic City was fatally stabbed and a colleague suffered serious work injury when they tried to break up a fight at the establishment.

According to the article on Philly.com, authorities do not know what started the brawl at the pub, which broke out at about 4:30 a.m. on Saturday March 21. Investigators remained at the scene for several hours collecting evidence, and the bar remained closed as of early Saturday afternoon.

The Atlantic County Prosecutors Office did not identify either employee, but they did say the injured worker had been hospitalized.

The injured worker, as well as the worker who died at the Irish Pub, are entitled to worker’s compensation. The family of the decedent may even seek a skilled wrongful death attorney. By law, it is required that every company in Pennsylvania carry Worker’s Compensation Insurance in the case an employee is injured on the job, becomes ill due to circumstances surrounding their job or even if death results from their job. Benefits can include medical expenses, lost wages, and death benefits. Workers’ compensation exists both as a way to benefit injured workers and as a way to protect employers. Workers' compensation in Philadelphia is a no-fault insurance system, which means that no guilt needs to be proved in a case; only that the injury sustained occurred while on the job.

Continue reading "Worker Killed, Another Hurt in NJ Bar Brawl" »

The parents of 18-year-old Gregory Jacobs have filed a Pittsburgh wrongful death lawsuit against a hospital alleging that doctors at the hospital intentionally killed him to harvest his organs. According to this Associated Press news report, Jacobs was taken to Hamot Medical Center because he suffered a brain injury while snowboarding. His parents – Michael and Teresa Jacobs – allege that the doctors caused his death by administering medication and removing his breathing tube, which caused Jacobs to suffocate and die.

Gregory Jacobs was alive before the doctors began surgery, but the hospital's doctors suffocated him in order to harvest his organs including his heart, liver and kidneys. Although his parents, who were at the hospital, wanted Jacobs to live, the hospital's Center for Organ Recovery and Education (CORE) directed that Jacobs' organs be removed without a valid consent. The suit also alleges that Jacob’s heart and brain were functioning when surgeons began the procedures for removing his vital organs.

If you believe that you lost a loved one because of negligence on the part of someone else, then you are entitled to file a wrongful death claim in Pennsylvania. When unnecessary death occurs due to the negligence of another party, wrongful death lawsuits can be filed. In such a claim, the decedent's heirs or immediate family members sue the negligent party or entity for damages related to the loss of life, medical/funeral expenses incurred, pain and suffering.

If you have lost a loved one as a result of someone else's negligence please call an experienced Pennsylvania wrongful death attorney at Cherry Fieger & Marciano for a free consultation. We will help you secure the justice and compensation you rightfully deserve.

Natasha Richardson, the Tony Award-winning actress, died at the age of 45 Wednesday from head injuries caused by a fall during a skiing lesson in the Laurentian hills. According to one story, a spokeswoman for the ski resort, Lyne Lortie, said that Ms. Richardson was not wearing a helmet.

“It was a normal fall; she didn’t hit anyone or anything,” Lortie said. “She didn’t show any signs of injury; she was talking and she seemed all right.”

Ms. Richardson was flown from Montreal Tuesday night to the Upper East Side hospital in Manhattan. Her death was announced Wednesday night by Alan Nierob, a spokesman for the actress’s husband, Liam Neeson.

“Liam Neeson, his sons, and the entire family are shocked and devastated by the tragic death of their beloved Natasha,” a statement said.

Another report stated that Ms. Richardson’s death has been ruled accidental and was caused by an epidural hematoma due to blunt force trauma to the head.

We are greatly saddened by Ms. Richardson’s death and our deepest regards go out to her family during this difficult time.

Brain injury is most commonly caused by accidents, assaults, and sports injuries. The brain is the most complex area of our bodies and brain injury accidents in Pennsylvania have effects that can impact a person’s quality of life indefinitely.

The skilled Pennsylvania personal injury attorneys at Cherry Fieger Marciano, LLP understand how stressful it can be to face the affects of brain injuries, whether you are an injured victim or a supporting family member. When others act negligently, compensation for medical treatment, pain and suffering, and even punitive damages can be collected in a Philadelphia wrongful death lawsuit against the responsible parties for their part in the brain injury. Call Cherry Fieger Marciano, LLP today for a free consultation.

A Bucks County high school teacher faces vehicular-homicide charges in an October accident that killed a motorcyclist in Lehigh County. According to this article in the Philadelphia Inquirer, Larry Angney II, 37, of Center Valley, PA is accused of killing Lori Smeltzer, 45, near her home in Upper Saucon Township. The article said that his vehicle struck Smeltzer’s motorcycle from the rear and ran over her before speeding from the scene. She died the next day.

Angney turned himself in the day after the car accident in Pennsylvania, saying he thought he had hit an animal or a street sign.

He was charged Friday with vehicular homicide.

Angney should be held criminally and civilly responsible for the accident, injuries, and the death of Smeltzer. Smeltzer’s family deserves to be rightfully compensated for their tremendous loss. They would be well advised to contact an experienced Philadelphia wrongful death attorney.

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. The latter is the most common cause of motorcycle accidents. 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.

Continue reading "Lehigh County Motorcycle Accident Kills Woman" »

A 15-year-old boy admitted in Family Court this week that he was high on marijuana on Christmas Eve when he hit and killed William Wrigley, 73, with his mother’s SUV in this tragic pedestrian accident in Pennsylvania.

According to the article in the Philadelphia Daily News, Wrigley was crossing M Street near Erie Avenue in Kensington, PA on Dec. 24 when he was struck by the teen.

The teen pleaded guilty to homicide by vehicle while DUI, involuntary manslaughter, committing an accident with serious bodily injury while not properly licensed, and leaving the scene of an accident.

He will be sent to a secure state juvenile-placement facility for two years. In exchange for his plea, prosecutors agreed to not seek to have his case tried in adult court.

Continue reading "Pennsylvania Fatal Pedestrian Accident Taken To Court Finds Teen Guilty" »

The engineer of a Metrolink commuter train that crashed and killed 25 and injured at least 130 people in California last year, was planning to let a railroad fan operate the locomotive on the day of the accident. According to this article by the Associated Press that appeared on Philly.com, a transcript of the text messages by engineer Robert Sanchez was released this week. The National Transportation Safety Board (NTSB) opened a two-day hearing into the collision that outlined the days and minutes that led up to the deadly crash.

The text messages showed that Sanchez allowed a fan to ride in the cab several days before the crash. He was also planning to let him run the train between four stations on the evening of the crash.

Federal investigators said Sanchez sent and received 57 text messages while on duty that day. One was sent 22 seconds before his train slammed head-on into the freight train. The large number of text messages was not uncommon for the engineer in the days leading up to the crash. Sanchez died on-the-job in the crash.

According to the article, there was no sign of mechanical error involving the Metrolink train that was carrying 220 passengers. The evidence is consistent with the Metrolink engineer failing to stop. The Metrolink Train and the Union Pacific Train were traveling at about 40 miles per hour when they crashed into each other. The NTSB panel conducting the hearing focused on cell phone use by train crew members; the operation of trackside signals designed to prevent collisions; and oversight and compliance with safety procedures during the crash.

Continue reading "Metrolink Engineer Text Messaged Before Fatal Crash" »

An employee of an Edison recycling company was killed on-the-job after being caught in a wood chipper. According to the Associated Press that appeared on Philly.com, the fatality occurred on Tuesday, February 24 at Generated Materials.

The Occupational Safety and Health Administration is investigating the accident and the police are withholding the man’s identity pending notification of his family.

According to the article, the man became entangled in a conveyor belt attached to the wood chipper in this on-the-job accident.

The family of the victim is entitled to receive workers’ compensation benefits through the workers’ employer. The family may also want to file a “third-party” claim. A claim may be filed against negligent parties other than the worker’s employer. It could, for example, be the manufacturer of a defective product that caused an injury or death or it could be another contractor or sub contractor.

Continue reading "On-the-Job Death of Man Caught in Wood Chipper" »

Daniel Blake, of West Virginia, lost three children in a southwestern Pennsylvania house fire in 2007. He filed a wrongful death lawsuit that claims the owner of the house failed to repair the furnace. According to the Associated Press on Philly.com, Blake claims space heaters and a log-burning fireplace were used to heat the house in Franklin Township, Greene County.

The owner of the house, James Roberts, said the furnace worked and that the tenants, Steven and Rebecca Eddy, had apparently discontinued gas service, even after he helped pay the bill.

The article stated that a fire marshal blamed an electric space heater for the Feb. 17, 2007 fire.

Blake’s three children, their mother, 26-year-old Rebecca Eddy, and her niece and two nephews all died.

Continue reading "Pennsylvania Fire Wrongful Death Suit Filed By Virginia Man" »

Juan Rivera, a 58-year-old Passaic man, was killed when he was run over by an excavating machine on a construction job in Holmdel, NJ. According to the Associated Press on Philly.com, the construction accident occurred shortly before 3 p.m. Monday. It happened in the back yard of a house that was being rebuilt after a fire.

Rivera was pronounced dead at the scene.

The article stated that the victim was working with another employee of a Franklin Lakes landscaping company that was installing a septic system and grading the yard. Rivera may have walked behind the 11-ton machine as the other man was backing it up.

The family of the victim is entitled to receive workers’ compensation benefits through the workers’ employer, Franklin Lakes. The family may also want to file a “third-party” claim for this tragic construction accident. A claim may be filed against negligent parties other than the worker’s employer. It could, for example, be the manufacturer of a defective product that caused an injury or death or it could be another contractor or sub contractor.

Continue reading "Worker On-the-Job Killed By Excavating Machine " »

Two former University of Rhode Island students have settled a lawsuit that accused them of causing the death of a college student from Richboro, Bucks County, Pa., who was crushed by a bus in Newport, R. I. in 2004 in a bus accident.

According to this article by the Associated Press that appeared on Philly.com, the two students, Jarrad Rocheleau and Loren Welsh, reached the agreement with the parents of Francis J. Marx V, who accused them of scuffling with their son early on May 20, 2004. The accident caused the Fairfield University senior to fall into the path of a bus being used for a pub-crawl.

The wrongful death lawsuit began two weeks ago in Superior Court and was resolved before closing arguments on February 10.

Rocheleau and Welsh admitted no wrongdoing as part of the settlement. The article stated that the settlement was for less than the $5 million sought by Marx’s parents.

After a formal dance at one of Newport’s mansions with his girlfriend, Marx got into a heated argument with a group of URI students celebrating their impending graduation with a pub-crawl.

Continue reading "Pennsylvania Suit Settled In Student Bus Death" »

A 3-year-old female pedestrian was struck and killed on Route 129 when a fire truck crashed into a pickup truck, causing the pickup truck to careen into the crosswalk center median and create the pedestrian accident. The pickup truck then struck the child, dragging her several feet down the southbound lanes of the highway.

According to this article that appeared in the Delaware County Times, the accident happened on January 30 around 7:20 p.m.

Several pedestrians were also injured when the fire truck careened into a light pole that then toppled over and landed on top of them.

The article stated that two adults, the 3-year-old girl, and a male juvenile were standing on the intersection’s median pedestrian crosswalk when the trucks collided and caused the Pennsylvania pedestrian accident.

Continue reading "Trenton 3-year-old Killed In Pedestrian Accident" »

Federal investigators are looking into what caused a tour bus accident on February 1 on a rural Arizona highway. The crash killed seven Chinese tourists and injured 10 others.

According to this article on Philly.com, tourists left Las Vegas for the Grand Canyon the Friday before the accident. They were returning from their trip when the bus went across a median and rested along the southbound lanes of the highway.

The National Transportation Safety Board spokesman said the investigative team would be measuring and photographing the site, evaluating the condition of the highway, and looking for skid marks.

After inspecting the bus accident site, the investigators will evaluate the bus, including checking whether the wheels and brakes were in good working order and if any mechanical malfunctions may have caused the accident.

Continue reading "Investigators Comb Tour Bus Crash Site For Clues" »

The first of about 8,000 lawsuits blaming the health problems and wrongful deaths of Florida smokers on tobacco companies went to trial this week.

According to an article that appeared in the Philadelphia Daily News, the first of those plaintiffs to go to trial is Elaine Hess. The key to her case is proving whether her deceased husband, Stuart Hess, was addicted to cigarettes made by Richmond, Va.-based Philip Morris.

In 2006, the Supreme Court rejected a $145 billion class-action suit, saying the punitive damages awarded by a jury were excessive. They did agree that tobacco companies knowingly sold dangerous products and concealed the health risks of smoking for years. They also ruled that smokers or their survivors must prove their wrongful death cases individually.

Elaine Hess’s husband, Stuart Hess, 55, died in 1997 of lung cancer. Hess’s attorney told a jury that Hess smoked about two packs of cigarettes a day and tried numerous times to quit. He also said that medical and other evidence shows that Hess became addicted to nicotine in the mid-1950s, long before the hazards of smoking were widely known outside the tobacco industry.

Continue reading "Trial Opens In Fla. Widow's Tobacco Lawsuit" »

Christopher Donaghy, the 27-year-old host of a Super Bowl party on Sunday, was killed when a guest at his party shot him accidentally.

According to this article that ran in the Philadelphia Daily News, Donaghy hosted a party of about 8 people. One of those guests, an off-duty Plymouth Township Police officer, left a gun he owned on a table during the game.

The article said that another guest, Ronald Parcutt, was playing with the weapon when it discharged in his hands and struck Donaghy in the back. He died less than 2 hours later.
Donaghy, 27 was the son of a Philadelphia police officer.

According to police, the 9mm semiautomatic Glock lacked an external safety. Parnett was arrested and charged with murder.

Continue reading "Philadelphia Super Bowl Party Ends In Wrongful Death" »

New Jersey has paid $2 million to settle a lawsuit filed by Maria Caiafa, a Cape May County woman, whose daughters died in a car crash with a state trooper. According to this article in the Philadelphia Inquirer, the state made no admission of culpability.

The settlement was signed in May, but the family didn’t announce it because publicity over the wrongful death case makes it hard for them to manage their daily lives.

Christina, 19, and her sister, Jacqueline, 17, were returning home after picking up milk when authorities say trooper Robert Higbee ran a stop sign and hit their minivan.

Continue reading "N.J. Pays $2M In Trooper Crash That Killed 2 Daughters" »

The family of Andrew Polakowski, a student killed by a dormitory elevator more than two years ago, is suing Ohio State University for more than $50,000.

According to this article in the Philadelphia Inquirer, the suit claims that the school was negligent with regard to the elevator that crushed the 18-year-old boy from Erie, Pa. The freshman died in October 2006 when he got pinned trying to leave an overcrowded elevator that was stuck between floors.

Polakowski’s parents filed their wrongful death lawsuit this month in the Ohio Court of Claims. Their attorney says they want to be compensated for the loss of their son.

In a statement, an Ohio State spokesman said the university is in contact with the Polakowskis’ attorneys and is reviewing the family’s filings.

Continue reading "Parents Sue Ohio State Over Elevator Death" »

The Pennsylvania auto accident that killed two Drexel University students and seriously injured four others Sunday is still under investigation.

According to the article in the Philadelphia Inquirer, the students were on a fraternity trip in Lycoming County, PA when the driver’s SUV struck a “rock cut” along the mountainside around 3:30 a.m. that morning.
Ian Alexander, 22, of Royersford, president of Drexel’s Alpha Chi Rho fraternity, and John Patrick “Johnny” Williamson Jr., 21, of Havertown, died in the accident.

Police would not say whether alcohol was a factor in the crash, or whether the two who died had been wearing seat belts. Police are still investigating the accident.

Williamson’s mother was told by police that alcohol was not a factor in the car accident. Police also said that the four survivors, including the driver, Andrew Cardamone, 19, of Philadelphia, were all wearing seat belts. Cardamone and passengers Eric Rayburn, 18, of Quakertown, and Kevin MacDonald, 18, of Philadelphia, were taken to Geisinger Medical Center in Danville, where they remained in serious condition last night.

Continue reading "Pennsylvania Car Crash That Killed 2 Drexel Students Poses Questions" »

Eli Lilly & Co. of Indianapolis, settled a $1.42 billion pharmaceutical drug lawsuit after selling and marketing the drug Zyprexa for dementia, which it was not approved for.

According to a report from MSNBC, the company salespeople used a slogan “5 at 5”, meaning 5 miligrams at 5 p.m. to help dementia patients sleep.

Regulators never approved selling the drug for dementia and federal prosecutors say this type of marketing led to the lawsuit.

Lilly agreed to plead guilty to a misdemeanor charge of introducing misbranded drugs into interstate commerce and pay $615 million to resolve the criminal case.

Although Eli Lilly said it admits no wrongdoing, they also agreed to pay roughly $800 million to resolve a civil case.

Zyprexa is approved by the U.S. Food and Drug Administration to treat schizophrenia and bipolar disorder. However, court documents showed Lilly sales representatives also pushed it to treat generalized sleep disorder, aggression, Alzheimer’s-related dementia and depression, among other unapproved uses, from 1999 through 2003. Although doctors can prescribe drugs for unapproved uses, companies aren’t allowed to market drugs for those uses.

Continue reading "Lilly Settles Zyprexa Suit For $1.42 Billion" »

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.

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 " »

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" »

After Ben Breskman’s oldest son, Brian, was fatally electrocuted on the third rail of SEPTA’s Route 100 trolley line in a tragic accident, he is “on a mission” to keep it from happening to anyone again.

According to this article in the Delaware County Times, Brian, a 19-year-old Penn State student, attended the party of a high school friend on May 25, 2007. Ben Breskman later found out that a parent supplied the alcoholic beverages to minors at the party.

After Brian left the party he walked to 7-eleven, which proved to be disastrous for him. When a police cruiser stopped to question him, he panicked and fled into a wooded area. He tried to find a shortcut back to his friend’s house and came down an embankment in the dark near the Rosemont R-100 trolley stop. There were no fences, lights, or visible warnings near the trolley tracks and he stumbled, grazing his foot on the line’s electrified third rail. He was killed instantly by a lethal jolt and hit later by an oncoming train.

“It was a parent’s worst nightmare,” said Ben Breskman, a horrible accident that has forever affected me and my family.”

The family of the victim deserves to be rightfully compensated for their tremendous. In Pennsylvania, anyone over age of 21 can be responsible if they provide or made alcohol available to minors.

They would be well advised to contact a Pennsylvania Personal Injury attorney who will file a wrongful death claim against the individuals who served the alcohol to the minor.

Delco woman faces DUI-related homicide charges

Roisin O'Neill, 22, of Newtown Square, had a blood alcohol content of .197 percent and was under the influence of marijuana when she drove up the off-ramp onto Interstate 476 on Sept. 19, traveling more than three miles in the wrong direction before striking a car operated by Patricia Waggoner, 63 in a fatal Pennsylvania head-on auto accident.

According to a Philadelphia Inquirer report, Waggoner, who was headed to Media to visit family, was pronounced dead at the crash site at 2:30 a.m. Sept. 19. She died of cerebral and chest trauma.

O'Neill’s injuries were described as non-life-threatening.

Montgomery County District Attorney Risa Vetri Ferman said O'Neill was "falling down drunk" when she sped down the Blue Route in the wrong direction flashing her headlights at oncoming drivers. According to the article, Roisin O'Neill met friends just after 10 p.m. on Sept. 18 at Brownies 23 East in Ardmore, PA. She later admitted to police that she had two whiskey drinks before she arrived at the bar and a "beer or two" after she arrived.

Police said they interviewed five drivers who swerved to get out of her way as she drove, flashing her high beams, at high speed in the wrong direction for more than three miles. Waggoner also attempted to get out of the way of the speeding Ford Escape. She swerved her car right just as O'Neill swerved left and head-on into the smaller car resulting in a deadly Pennsylvania SUV accident.

Continue reading "Head-on Auto Accident in Pennsylvania Kills 1, Sends Another to Jail" »

A state appeals court ruled that Sevastia Podias, the widow of a motorcyclist who was struck by a car on the Garden State Parkway can pursue a wrongful death lawsuit against two passengers in the car who failed to stop and help him.

The Philadelphia Inquirer reported that the lawsuit against Andrew Swanson, Jr. and Kyle Charles Newell, the two passengers in a car that hit Antonios Podias, may now go to trial.

A trial judge originally dismissed the case against Swanson and Newell in 2006, but that ruling was reversed last year when a state appellate court ruled that the two men had a legal obligation to help Podias. The judge had ruled in March that Podias couldn't sue for the bulk of monetary damages against Swanson and Newell because she had already settled out of court with the driver and other defendants for an amount greater than what a jury had determined was appropriate.

Podias’ husband, Antonios, was riding his motorcycle on the Garden State parkway when he was struck from behind by a car driven by Monmouth University student Michael Mairs, whose blood alcohol level was .085. Mairs, Swanson, and Newell were returning to the Monmouth campus from a party in Matawan.

Mairs' car crashed through a guardrail and stopped on the grass near the highway express lanes following the motorcycle accident. The three men then drove away, and a car driven by Patricia Uribe, another Monmouth student, ran over Podias, killing him.

Court records showed that Mairs, Swanson, and Newell never called for emergency assistance. According to Sevastia Podias’ attorney, experts testified that Antonios Podias suffered some injuries from the impact with Mairs' car but likely would have survived those injuries had the young men called for help.

Continue reading "Wrongful Death Lawsuit Allowed To Be Filed By Widow of Auto Accident Victim" »

Ricky Lee Smiley, 43, of Centre Township was convicted of involuntary manslaughter in a Pennsylvania school bus crash on Sept. 26, 2006 that killed a teacher's aide. The West Perry School Board member was found to be guilty of a summary charge of careless driving in the head-on crash between the bus Smiley was driving and a Ford Explorer driven by Susan E. Switaj, 39, of Landisburg.

Things could have been much worse for Smiley. The jury that deliberated about 90 minutes acquitted Smiley of a homicide by vehicle charge, a third-degree felony that could have meant up to 12 months in prison. The lesser charge of involuntary manslaughter that Smiley was convicted of constitutes a first-degree misdemeanor.

Bus accidents are among the most dangerous of all motor vehicle accidents in Pennsylvania. The added weight and lack of maneuverability of busses makes them dangerous when traveling at high speeds, and it doesn’t take much for a driver to lose control of them. When the busses are carrying schoolchildren, matters get nothing but more complicated. School buses are not equipped with restraint systems, and small children can be utterly defenseless during a bus crash.

If you or someone you love has been involved in a school bus accident in Pennsylvania, please contact Cherry Fieger and Marciano, LLP today for a free consultation with one of our experienced Philadelphia, Pennsylvania bus crash lawyers.

The parents of Stephen Komninos, a 22-year-old developmentally disabled man that died following a choking accident last year, have filed a Haddonfield wrongful-death lawsuit against the Haddonfield group home where the man lived since the age of 8.

According to the article in the Philadelphia Inquirer, the family alleges that their son died because an employee left him unattended. Their son choked on a bagel while the employee in charge of him was in a convenience store.

The Pennsylvania wrongful death case, filed in Superior Court by the victim’s parents, claims that Bancroft NeuroHealth put Komninos in the care of an 18-year-old employee, Adam Allibone, who should have known that Komninos needed to be closely monitored at all times.

Komninos, who had severe behavioral disorders and was nonverbal, was supposed to be on his way to an after-school program in October when the Bancroft employee who was driving him stopped at a Stratford convenience store to buy a cigar. Bancroft has said Allibone stopped to buy Komninos a bagel as a reward for having a good day.

Continue reading "Wrongful Death Suit Follows Choking Death of Disabled Man" »

Sandy Morgan, a 38-year-old college graduate from Aston PA, died in March 2006, after 5 weeks in the George W. Hill Correctional Facility in Thornton, PA. She was serving time for shoplifting at Wal-Mart. Morgan’s family has filed a wrongful death lawsuit against the jail and the company who runs it, GEO, as well as Crozer-Chester, the hospital that released her a few weeks before the arrest.

According to this article, Morgan was diagnosed with paranoid schizophrenia at age 18 and also suffered from hyperthyroidism. She was declared incompetent to stand trial so she waited in jail for 5 weeks. It was only a couple weeks before her arrest that she was committed by her family to Crozer-Chester Hospital, where she was forced to take her psychotropic medication. Her initial psychiatrist suggested she be sent to Norristown State Hospital for more treatment and to help her stay on her meds. Several days later, another psychiatrist, Usha Kotihal, inexplicably took over Morgan’s care and determined that her mental state had improved; she no longer posed a threat to herself or others, and could be sent home. It was nine days after her release that police arrested her at Wal-Mart, charged her with retail theft, defiant trespass, and disorderly conduct, and sent her to jail.

Upon arrival to George W. Hill Correctional Facility, Morgan did not disclose her schizophrenia or hyperthyroidism, but a physician’s assistant determined her to be “mentally retarded or mentally ill.” According to the policies of the GEO Group Inc., which ran the jail, mentally unstable inmates should be transported immediately to a hospital.

Psychiatrists at the jail determined her to be schizophrenic and prescribed medication, but they did not know of her hyperthyroid condition. According to the article, none of them contacted her family to ask about medications she’d been taking nor did they contact the doctors who treated her at Crozer-Chester. A caseworker for Morgan indicated that she spoke with a mental health liaison at the Correctional Facility and told him about both of her conditions; however, the liaison said he did not remember speaking to the caseworker. Morgan’s family also claims to have made calls to the jail explaining their sister’s conditions.

Continue reading "Woman’s death in Delco jailhouse leaves unanswered questions" »