Wrongful Death Suit Filed After Unsupervised Resident Of Nursing Home Falls

The family of 78-year-old Barbara Jones-Davis has filed a wrongful death lawsuit against Wesley Enhanced Living at Stapeley, an assisted living facility in Philadelphia after the resident fell approximately 15 feet to her death. Jones-Davis, who suffered from dementia and visual impairment, exited the facility through an unlocked door and wandered without supervision. The…

Patient Awarded $500,000 After Being Mocked And Insulted By Medical Staff While Sedated

Typical malpractice cases usually involve a doctor or medical staff making a mistake. Whether it be the act of prescribing the wrong medication or misdiagnosing an illness, malpractice cases oftentimes involve a physical act of negligence. But what happens when a medical professional mistreats a patient, not by their actions, but by…

Report Suggests Automobile Insurance Rates Are Surging For Washington D.C. Motorists

The Washington Post reports that rates of auto insurance are increasing at double the rate of inflation. The average estimated premium nationally is $1,427. According to consumer advocacy groups, insurance companies are utilizing Big Data to determine rates for drivers. The data, based on factors such as credit ratings and levels of education, are most…

Family Sues Over Kickboxer’s Death

A case as been filed over the death of a Milwaukee, WI kickboxer, who lost his life after an amateur fight in 2014. The family of Dennis Munson Jr. has filed a wrongful death case against several defendants including the event promoter, the ringside physician, the gym where Munson trained, and Munson’s…

Does My Insurance Cover Physical Therapy After An Accident?

Physical therapy can be a beneficial treatment for patients after an injury accident. Injuries sustained in a car accident, slip and fall injury, or workplace accident can cause head, neck, or back injuries which can make it more difficult to move around or do regular daily activities.  Even if physical therapy does…

Disney Responsible For Harrison Ford’s On-Set Injury

Harrison Ford was almost crushed to death while filming Star Wars: Force Awakens and this week a British court held Disney responsible for the injury. On June 12, 2014, Ford was in England on-set of the Star Wars film. Ford was not aware that the set of the Millennium Falcon was live during…

Personal Injury Cases Involving Distracted Driving Increasingly Lead To Larger Awards & Settlements

Most states in the U.S. have acknowledged the “epidemic” of distracted driving and established some legislation aimed at reducing the unnecessary consequences including property damage, injuries, and even death. The majority of the accidents involve the usage of mobile devices while operating a vehicle. This which should come as no surprise because many people are using their devices constantly. …

Settlement Reached In Kentucky Medical Malpractice Case Involving TV News Anchor And Local Hospital

Dawne Gee, a news anchor for Louisville’s WAVE 3, has apparently reached a settlement agreement in a medical malpractice case stemming from negligent treatment she endured at Baptist Health Hospital in Louisville. In May 2014, Gee went to the hospital seeking treatment for leg pains and a potential blood clot. Reportedly, the…

Police Departments All Over The Country Are Being Sued For High-Speed Crashes

All across the country victims of car crashes are suing police departments. While pursuing fleeing criminals, police officers are sometimes endangering other drivers. In Tucson, Ariz., this month, a man injured in a multi-car crash filed suit against the city saying officers chasing a fleeing felon “exercised negligence and gross negligence in…

Diabetic Commercial Truck Drivers

The Federal Motor Carrier Safety Administration is the central agency that regulates the trucking industry in the U.S. They recently released a report stating that rules have been updated to allow those with insulin-treated diabetes mellitus (ITDM) to drive commercial trucks for interstate exchange. In the past, there was a requirement that a special…

Pennsylvania Natural Gas Supplier Facing Lawsuit Following Fatal Explosion

UGI Utilities Inc. is among those facing allegations in court stemming from a natural gas explosion in Millersville. The Pennsylvania Public Utility Commission alleges that the company failed to follow procedures. Many of the details of UGI’s full response have been delayed because the National Transportation Safety Board is still investigating the…

Pennsylvania Personal Injury Case Where Fan Was Struck By A Baseball

Wendy Camlin is the plaintiff in a personal injury suit in Allegheny County Common Pleas Court that involves injuries she sustained as a spectator at a Pittsburgh Pirates game after being hit by a foul ball. The defendants in the claim included the Pittsburgh Pirates, the Sports & Exhibition Authority, Major League Baseball (MLB), and…

Cosmetic Surgery Malpractice In Miami

With more and more people choosing to undergo surgery to fight an obesity problem, or to correct a perceived flaw in their appearance, plastic surgery has seen a huge spike in the number of procedures undertaken in the U.S. However, whether it is a stomach stapling or a butt implant or a…

Are Doctors Dismissing Women With Brain Tumors?

A recent article published by The Guardian presented frightening information that could (and probably should) be alarming to all women. According to a study conducted by the Brain Tumor Charity, women with brain tumors are being dismissed at alarming rates when they attempt to seek medical intervention for symptoms. Women who presented…

Family Of Maryland Man Brings Wrongful Death Suit Following White-Water Rafting Accident

Alison Parker has filed a lawsuit following the death of her husband, James Abromitis, who was killed while on a commercial rafting trip on the Roaring Fork River in Colorado. The claim against Aspen Whitewater Rafting (AWR) includes allegations of wrongful death, fraud, gross negligence and a violation of the Consumer Protection Act. She…

Liability From Injuries At Political Rally Venues

We are in the midst of the emotionally charged political election season, which is drawing massive crowds for rallies, conventions and events. On the presidential campaign trail it has been common for venues to be filled to capacity, with thousands of people turned away. Fire marshals are on-site regulating the number of…

Overview Of Civil Procedure Regarding Juries & Verdicts In Personal Injury Cases

According to the American Bar Association, only a small percentage of personal injury cases go to trial, as the majority are dismissed or settled prior. The Federal Rules of Civil Procedure (FRCP) is the framework the majority of local courts use in crafting their own procedural rules. Once an action has progressed through pleadings, pre-trial, and discovery,…

Snowmobiles Accident Results In Federal Lawsuit

During the cold and snowy winter months, millions of people across the country flock to the great outdoors to participate in various recreational activities such as ice skating, sledding, skiing, snowboarding, and snowmobiling. These activities can be great fun, but unfortunately accidents happen each year. One such accident occurred two years ago…

Illinois Jury Awards $148 Million To Woman Paralyzed By A Collapsing Bus Shelter

A jury in Cook County Illinois recently awarded the biggest verdict against ever against the city of Chicago in a personal injury case. Tierney Darden, a 26-year-old from Vernon Hills, was left paralyzed from the waist down after a bus shelter at O’Hare International Airport collapsed amid a storm. Judge Clare McWilliams announced the unprecedented…

Philadelphia Jury Returns Verdict In Favor Of Defense In Slip & Fall Case

Carmen Ruiz, 54, brought a premises liability claim against Thomas Jefferson University Hospital (TJUH) in Philadelphia after a slip-and-fall accident in a hallway. She claims to have slipped on a liquid and injured her right shoulder. The claim states that the defendant was negligent in allowing for a dangerous condition on the property and…

Pennsylvania Highway Safety Law Awareness Week Was February 18th – 24th

Pennsylvania hosts Highway Safety Law Awareness Week in February (this year it was the week of the 18th). The program is facilitated by the Pennsylvania Department of Transportation (PennDOT) and the Pennsylvania State Police. PennDOT is a critical part of policies and safety that relate to public transportation, highways, airports, railroads, and others. The program seeks…

Crane Collapse In NYC

Manhattan is famous for its skyscrapers. The island boasts some of the most iconic high rise buildings in the world including the Empire State Building, the Flatiron Building, and One World Trade Center. Constructing these impressive buildings is no small feat of engineering. Among the equipment used to build such impressive structures…

Doctors Practicing Defensive Medicine To Avoid Lawsuits

Medical malpractice related costs have taken a considerably large toll on the American healthcare system for years. These costs persist directly through skyrocketing malpractice premiums, which translates to higher expenses for patients and insurance companies. Moreover, they affect the healthcare system indirectly by prompting medical professionals to recklessly practice defensive medicine. A…

Cyclist Hit By Valet Awarded $38 Million For Injuries

Late this past December, a jury in Seattle awarded a cyclist and his wife $38 million, 4 years after he was hit and injured by a valet driver who was cutting across traffic illegally. The bicyclist, Thyce Colyn, suffered traumatic brain injury and leg and pelvis damage requiring multiple extensive surgery over…

Jury Delivers $700,000 Verdict In Georgia Injury Case

A fall can be particularly harmful to a person the older they are. According to the National Council on Aging, fall injuries are the leading cause of fatal injury and most common cause of nonfatal traumatic injuries in seniors. Not to mention, falls in older adults are somewhat common, as 25% of…

The Dangers Of Public Transportation

Public transportation allows many people to get around the city, without having to sit through traffic, deal with parking, or risk a car accident. For others, public transportation may be their only way to get to work or school. However, passengers of public transportation across the country are still at risk of…

Is The FDA Changing Its Mind About The Promotion Of Off-Label Drugs?

Before medications are placed on the market for distribution and sale, they must undergo a comprehensive and meticulous approval process. As a part of this process, pharmaceutical companies are required to submit explicit evidence that medications are safe for consumption and effective for its intended and prescribed use. As with most industries,…

Popular Legging Manufacturer Sued For Making Activewear That Reportedly Tears As Easily As “Wet Toilet Paper”

At least two lawsuits were filed against legging manufacturer LulaRoe after the company continued to ignore the complaints of dissatisfied customers for months. According to the lawsuits and the accounts of tens of thousands of consumers, the leggings are prone to ripping and tearing quite easily. A few years ago, women everywhere…

8-year-old Drowns On Cruise Ship

Last week, an 8-year-old boy drowned after falling into a pool abroad a Royal Caribbean cruise ship off the coast of New Jersey. The death comes in a string of almost a dozen drowning or near-drowning accidents on cruise ships in the last two years. Many cruise ships have large public pools…

City Protected By Immunity After Several Personal Injuries Occur From Tripping On Uneven Bricks At City Hall

The Boston City Hall property has a plaza where the walkway is made of bricks that have been poorly maintained. A woman was injured after a fall and filed a complaint with the city; however, the city rejected it based on their state-granted immunity from actions for personal injury. Another woman fell several…

Large Fleet Of Pedal-Assisted Electric Bikes Taken Out Of Service Amid Safety Concerns

Lyft recently removed their fleet of pedal-assisted electric bicycles from major cities including San Francisco and Washington D.C. There was a wave of reports that the front braking system was causing riders to be propelled over the handlebars of the bikes. The recall efforts were initiated voluntarily by the organization. Often these actions are…

Sleep Apnea & Commercial Truck Accidents

Are commercial drivers with sleep apnea posing a safety risk on our roadways? The Obama administration had instructed the Federal Motor Carrier Safety Administration (FMCSA) to create provisions that required commercial drivers to be screened for sleep apnea. However, before the plan was implemented, the current administration canceled the provision.  A recent…

Maryland Appeals Court To Determine If Parent-Child Immunity Applies In Wrongful Death Cases

Michaelangelo Heidenberg, the young son of Timothy Heidenberg and Claudia Grier, accidentally drowned in his father’s swimming pool. His mother, representing the boy’s estate, filed a claim of wrongful death naming the father as the defendant in a Howard County court. Judge Timothy J. McCrone ruled to allow the matter to continue despite the…

Lawsuit Against Doctor For Patient’s Suicide

Suicide is a tragic way for a family to lose a loved one. Friends and family often feel guilty for not doing something, or not noticing the warning signs. In some cases, people close to the suicide victim feel responsible for the death. In Florida, a man believes that his wife’s doctor…

Philly Woman Awarded Damages In Sidewalk Slip-and-Fall Case

Donna Fletcher filed a personal injury lawsuit in Philadelphia County Common Pleas Court naming Juan Pena as the defendant. She was walking down a sidewalk on Pena’s property when she tripped, fell, and was injured. There was a pipe extending outward from a drain that caused the fall. The judge deemed that…

Settlement Reached In Wrongful Death Case Involving A Philadelphia Nursing Home

A Philadelphia nursing home settled a claim of wrongful death with the son of the deceased for $145,000, split between a wrongful death claim and a survival claim. Ola Simmons died from respiratory conditions, which the claim asserts was due to negligence demonstrated by the nursing facility.​ A settlement conference involving plaintiff John Simmons, the administrator of…

Slipping And Falling At The Theme Park

As the summer months approach, many people will be heading out to theme parks for a day of fun and amusement. There are many parks to choose from around the country including Disneyland, Disney World, Universal Studios, Sea World, and Six Flags. While most who visit these entertaining venues come home with…

South Dakota Division Of Insurance Reports Recent Shift In Medical Malpractice Award Value & Duration Of Cases

The South Dakota Division of Insurance requires that medical liability insurers in the state submit a report with a summary of claims each year. In 2016, these providers paid out merely $1.8 million in settlements in resolution of 12 cases. This is a considerable disparity compared to $6.4 million spread among 18 settlements in 2015, and…

Pawnee Nation Sues Fracking Company

The Pawnee Nation of Oklahoma was the victim of some negative effects from an oil company’s fracking practice within the region. The Cummings Oil Co. and Eagle Road Oil have both been named in a lawsuit filed in the tribal court of the Pawnee Nation for actions that resulted in damage to…

Future Health Damages Linked To Early Water Contamination

We often take for granted the safety of surroundings. Toxic chemicals associated with dangerous health risks are often lurking in our water, home products, and even in our children’s toys. Last year, researches at the Boston University School of Public Health released a study in the Environmental Health journal on the health effects…

Husband Does Not Call 911 To Prevent Wife’s Death: Maryland’s Duty To Rescue Laws

Amy and Michael Metz were walking home from a party in the early morning hours amid blizzard-like conditions; both were intoxicated. The details are vague but Amy became unresponsive along the way and her husband continued home without summoning help or contacting emergency responders. Her body was found in the snow near their home that morning. This…

Georgia Slip-and Fall Case At A Chick-fil-A Restaurant

Plaintiff Latasha Hartman brought a civil action for damages against David Clark after slipping at a Chick-fil-A restaurant that he owned and incurring an injury. Clark moved for a summary judgment and the court did accept the motion. A summary judgment is applicable when there is an absence of material fact in…

Conference In Washington, D.C. Reports Costs Of Civil Litigation High Across The U.S.

The Institute for Legal Reform (ILR) recently presented how excessive civil litigation costs continue to plague the country at their SummitXX conference in Washington D.C. They explained that households are each indirectly spending thousands every year toward these costs. They reported that approximately 57% of the total expense is paid in plaintiff compensation and…

Boat Fire Survivor Claims Lack Of Training

Earlier this month, we covered the federal investigation into a boat fire that claimed dozens of lives in California. “Conception,” a diving tour boat, burst into flames along the coast of Santa Cruz Island during the middle of the night. Five crew members were able to escape but 34 others, who were sleeping…

Understanding The Gonzalez Act In U.S. Military Medical Malpractice Cases

In 1946, the Federal Tort Claims Act (FTCA) was enacted, which recognized liability resulting from negligent actions (or inactions) of federal employees operating within the range of their official duties. This meant that the United States would bear potential liability in a suit instead of the individual employee. One of the exclusions within the…

Shark Attacks At Record High In 2015

The International Shark Attack File (ISAF) recently found that 2015 was the most dangerous year on record for shark attacks. The ISAF – a database administered by the Florida Museum of Natural History and the American Elasmobranch Society, compiling details of all known shark attacks, worldwide – found that there were 98…

Medical Negligence Case Involving Athlete With Post Concussive Syndrome Challenged By Statute Of Limitations

Plaintiff Jennifer Bradley was a student-athlete on the field hockey team at American University in Washington D.C. During her third year, Bradley sustained a concussion during a match. She continued to endure symptoms of a concussion and expressed this, both verbally and in writing, to the team management and trainers. She was…

Judge Denies Request To Dismiss Personal Injury Claims Against Pharmaceutical Company

Gilead Sciences Inc. asked a California court that various personal injury claims against them be dismissed. According to the Los Angeles Sentinel, Superior Court Judge Carolyn Kuhl has denied this request. Gilead is accused of knowingly withholding safer medications that they were aware of to maintain high profits from their TDF medications that were…

Steamroller Industrial Accidents

A steamroller is a type of heavy equipment used in construction for leveling surfaces. The name “steam roller” has stuck even though these machines are generally diesel-powered. Roller machines are large and heavy but generally move slowly. They may not seem like they would be very dangerous but every year people are…

Older Patients Often Emerge From Hospital Stays Worse Than When They Arrived

Patients are supposed to emerge from hospitals healthier than when they arrived. But a significant number of older Americans are likely to emerge more disabled after a hospital stay. “In older patients, acute medical illness that requires hospitalization is a sentinel event that often precipitates disability,” according to The Journal of the…

​Judge Overturns $38 Million Wrongful Death Decision

Two years after the terrible incident and after a lengthy civil trial that ended with a $38 million verdict against the Baltimore police for shooting and killing Korryn Gaines in a standoff, the judge on the case shocked lots of people by throwing away the verdict. The case bears a review of…

Pennsylvania Federal Court Judge Dismisses Negligence Claims Against Private School

The Milton Hershey School in Hershey, Pennsylvania faces several claims for negligence brought by former students. Judge Christopher Conner found the private boarding school did not have general responsibility for the overall social welfare of students. Conner found the school’s relationship with the minors contractual in nature and the children remain under the legal custody…

When Cruise Ships Attack

Going on a cruise is a fun and relaxing way to spend a vacation. Not only do you get to see interesting places when the ship docks in port but you also get to participate in any number of fun activities aboard the ship itself. However, in recent years, cruise ships have…

Christmas Injuries In Philadelphia

It has been a tough year for many families in Philadelphia. It would be nice to finally get together with close family, gather around for a festive meal, exchange gifts, and watch the kids’ excitement when they wake up to presents. Unfortunately, many families instead end up rushing to the emergency room…

Legal Twist: Officer Sues Estate Of Teenager He Shot

All too often in the media today we are seeing stories of people being killed in officer-involved shootings. The facts in every case vary and there are certainly situations where deadly force is necessary to protect the officer or others. Sometime, however, the family of the deceased believes the officer was mistaken…

GM Recalling Millions Of Vehicles Due To Brake Failure

General Motors has announced that it is recalling more than 3.4 million SUVs and trucks in the United States due to a brake issue. The company says it has 113 reports of crashes and 13 injuries related to the brake problem. The recall includes several models of the Chevrolet Silverado, GMC Yukon, GMC Sierra, Cadillac…

Unnecessary Medical Tests Continue To Thrive

Though it has been well established that not all diagnostic tests are good for patients, the problem continues to grow. As a recent article in the New York Times reported, elderly men are being screened for prostate cancer at alarmingly high rates, despite recommendations from authorities voices in medicine. In 2008, the…

Motion For Dismissal Filed In Monongalia County Wrongful Death Case

A court is tasked with deciding whether a wrongful death suit should be dismissed regarding the death of Christie Cathers, who allegedly tried to run over sheriff deputies when they shot and killed her. The named defendants include the Monongalia County Homeland Security Emergency Management Agency, Sheriff Al Kisner, and the Monongalia…

Maryland’s New Automobile Insurance Provisions

The Maryland legislature enacted a significant change in the realm of private passenger automobile insurance recently. This change culminated from the passage of Senate Bill 0403 and House Bill 0005 and went into effect in October 2017, applying to all new auto insurance policies entered into as of July 2018. When an insurer sells…

Injuries & Lawsuits Resulting From Dog Bites On The Rise

The number of claims resulting from dog bites was 18,122 in 2016 and rose to 18,522 in 2017. The Insurance Information Institute (III) reports dog-related injuries made up approximately 30% of homeowner’s insurance claims in 2017–totaling roughly $700 million. Kristin Palmer, of III, says the average cost per claim has also risen, which indicates…

Doctors Prescribing Medications They Do Not Understand

Hospital dramas can make emergency departments look like exciting places where doctors are called on to make split second decisions to save patients’ lives. An ER doctor will immediately respond to the presenting symptoms with a specific medication and dosage. However, in real-life emergency departments, some doctors may not be so sure…

Flip Out – Trampoline Park Free Of Liability For Injury To Teen

A teen recently brought charges against a trampoline park after suffering a severe spinal injury. The plaintiff, seventeen-year-old Seth Griffith, filed a personal injury lawsuit against JumpTime, an indoor trampoline park. The lawsuit was filed after the plaintiff was seriously injured after attempting a triple front flip into a pit filled with…

IVF Patient Given A Stranger’s Sperm By Mistake

When a couple has a hard time conceiving a child, they may turn to a fertility clinic for help. Through techniques, including in vitro fertilization, a woman’s egg can be fertilized by her partner’s sperm. This is a popular treatment to help parents conceive and give birth to a child. However, when…

Explosions, Burns, And Multi-Million Dollar Verdicts

This past January, a California Court of Appeals upheld a nearly $20 million jury verdict against the Southern California Gas Company (“SoCalGas”). The jury awarded plaintiff Pengxuan Diao this significant sum after he was permanently injured in a gas explosion in 2011. According to the unpublished opinion of the court, in January…

The History Of Dram Shop Liability In Maryland

Maryland is one of only a few states that does not have a dram shop liability law. Dram shop laws can hold a bar or restaurant that serves alcohol liable for the actions of a patron who becomes impaired at their location and then cause injuries and/or property damage. This scenario is most common where a customer gets drunk and gets into a car…

USPS Releases Dog Attack Statistics

One of the most common injuries that happens in the U.S. is a dog bite. According to the Centers for Disease Control and Prevention, no fewer than 4.5 million Americans suffer injuries as a result of a dog bite every year, with nearly 20% of these bites becoming infected. While nearly half…

How Seat Belt Usage Impacts Contributory Negligence In Maryland Accident Litigation

Across the U.S., adults traveling in passenger vehicles are required to wear seat belts, with New Hampshire being the lone exception. Maryland statutes require those occupying either the front or rear seats of a traveling vehicle to wear a safety belt. Generally, law enforcement in Maryland may not stop a vehicle solely for an adult’s…

Wrongful Death Case In Pennsylvania After Vehicle Crash Involving Drunk Driver

Joyce Fenstermaker was 71-years-old when she was struck and killed in a collision in the parking lot of the Titusville Moose Lodge. Sharon Brittain was driving her Jeep and was heavily intoxicated at the time of the crash. Brittain is currently incarcerated after a criminal conviction for involuntary manslaughter. The family of Fenstermaker…

12-year-old Suffers Rope Burn At The Hands Of Classmates

The family of a 12-year-old in Texas who suffered a severe rope burn at the hands of her classmates filed a case last month seeking $3 million in damages. The family is seeking millions not only to cover the costs of medical expenses, disfigurement, and emotional turmoil from the injury, but also…

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