Helen and Alfred Nicolosi brought a personal injury claim in the Philadelphia County Court of Common Pleas against the Philadelphia Eagles, Aramark Sports and Entertainment, and Apex Security Group. Recently, counsel for the defendants has requested that the court impose sanction on the plaintiffs for failing to respond to requests for key evidence in…
Recently, a study was done analyzing the number of fatal drunk driving crashes during “brunch hours” in the United States. In this study, “brunch hours” were defined as between the hours of 9 a.m. and 3 p.m. The data analyzed came from the National Highway Traffic Safety Administration (NHTSA), which compared drunk…
Earlier this week, World Wrestling Entertainment (WWE) Hall of Fame wrestler Jerry Lawler filed a wrongful death lawsuit against a Tennessee County as well as the local Sheriff, alleging numerous failures and wrongdoing which resulted in his son’s death last year. Brian Lawler had been arrested on suspicion of DUI and evading authorities in…
Boxer Franco has brought a lawsuit against Jay-Z and Roc Nation Sports (the sports management company owned by the entrepreneur in 2013) claiming that he suffered skull and brain injuries as a result of their allegedly “reckless and grossly negligent acts.” This week, attorneys for defendants moved to have the suit dismissed on the grounds that…
Plaintiff Michele L. Anderson pursued a negligence claim against the Soap Lake School District (SLSD) up to the Washington State Supreme Court following the death of her 17-year-old daughter Sheila M. Rosenberg. The state’s high court dismissed the case in a 5 to 4 decision citing that Anderson failed to sufficiently support…
A recent ruling by the Superior Court in Litchfield, Connecticut made it unlawful for defendants and their legal representation to inquire about a plaintiff’s immigration status or to ask the plaintiff about their entry into the country. Every state has different laws about the application of immigration status information to a personal injury…
A Baltimore harbor pier sustained damage late last month after it was struck by the Spirit of Baltimore as the ship was returning to the dock after a late-night cocktail cruise. The incident occurred at about 2:30 a.m. and damaged 60 feet of pier. The vessel reportedly only sustained cosmetic damage. More…
Nursing homes and assisted-living facilities that want to receive federal money now have to risk being sued by residents who have grievances. An agency within the Health and Human Services Department late last month issued a new rule that prevents any such facility from receiving federal funding if they force their residents…
Plaintiffs are lining up across the country after having their homes severely damaged by the Viking VK-457 model fire protection system. A class action suit is underway to recover damages from the home sprinkler system that is being referred to as a “ticking time bomb.” They are designed to release water from a network…
Social media has become increasingly popular over the past few years. Many find social networking to be a great tool for getting in touch with old friends, storing photos, and conversing online. With many social networks available and popular nowadays, information can be shared and distributed online with incredible ease and speed….
Elders play an important role in our communities, to help raise children and provide family support. Most families would like to keep their elders in their own homes but medical issues may make it impossible for the elderly to live on their own. A nursing home may be the only option but…
Elaine Herzberg was struck and killed by a car, like thousands of pedestrians in the United States each year. The year she was struck, 2018, the Governors Highway Safety Association reported that about 6,227 pedestrians were killed in motor vehicle crashes across the country. Her death, however, was unique and led to…
Johnson & Johnson is one of the most trusted names in products for children, particularly newborns and toddlers. The large pharmaceutical company is responsible for popular bathing and care products marketed specifically for children. One of these products is their trademark baby powder, a product that parents frequently use for their newborns….
If you’ve ever been involved in a car accident that killed someone—or if you’ve ever lost a loved one in a serious accident—during the second week of March, you’re not alone. A recent study revealed that fatal car accidents are more common than usual right after daylight savings time begins. As we prepare to…
Talk of undocumented immigrants has dominated media outlets nationwide. American citizens have an abundance of conflicting opinions that have divided the nation on topics of immigration policy and possible reform. A new decision made on the behalf of Indiana Supreme Court Justices will definitely generate further conversation due to their new ruling…
When it comes to calculating time, we prefer to have nice round numbers like 24 hours in a day and 60 minutes in an hour. Unfortunately, in the Earth’s annual journey around the sun, the laws of time and space did not give us a nice round number. Earth’s orbit around the sun takes…
Are you aware that your car may have a “black box” that records information about your vehicle usage? Most recently manufactured vehicles are equipped with these devices, as they were mandated for new vehicles in 2014. Officer Scott Parent, of the California Highway Patrol, says that these devices are capable of preserving data that could significantly…
Earlier this month, a Penn State sophomore was killed when he fell down a flight of basement stairs at his fraternity. A release of the search warrant associated with the event now shows that 12 hours elapsed between the time of the injury and the time when police were called to the…
Being involved in a car accident is a stressful and scary situation. Immediately after a car accident, you may be disoriented and confused about what to do next. After an accident, it’s important to know the steps to take–along with what not to do–in order to protect your legal rights. DO: Seek medical attention. No…
Most animal bite injuries involve dogs and occasionally cats. However, animals like horses can also cause serious bite injuries, which in one woman’s case, turned fatal. Unfortunately, it wasn’t just the animal bite that caused the accident to be fatal but it may have also involved negligent emergency room care. Horse Bite…
Cowboy doctors’, a term first popularized by surgeon and New Yorker writer Atul Gawande, are doctors who push boundaries and guidelines, provide daring and often unnecessary treatments, and act alone. Gawande’s original New Yorker article discussed the problems of disjointed hospital staffs. Over 15 staff members are involved in the care of…
A 22-year-old woman died and a man was critically injured after a car ran allegedly a red light in north Philadelphia. According to police, a car was driving along Front Street just after midnight on Tuesday when it collided with another car at the Hunting Park Avenue intersection. It appears one of the…
On the Fourth of July holiday, the tradition of having fireworks displays continues. It is during this time that it is important to remember that you could be hurt, hurt another person, or create significant property damage when using fireworks. In Pennsylvania, the state allows local governments to regulate fireworks and other…
National “Secure Your Load Day” is now recognized across the country on June 6th in response to tremendous safety concerns. It began in 2004 with the death of Maria Federici, a 24-year-old, when a large particle board fragment flew from a truck in front of her and smashed through her windshield. The AAA Foundation for…
When a plaintiff is successful in proving a defendant’s liability in a personal injury case, they are then able to recover both economic and non-economic damages. Economic damages refer to an amount of money centered around the monetary losses incurred as a result of the injury. Usually economic damages include medical bills,…
A federal appeals court reinstated a proposed California statewide class-action lawsuit accusing Nissan of installing defective hydraulic clutch systems, which can cause a clutch pedal to stick to the floor. The suit was filed by a San Jose man, who claimed he had to spend more than $700 to replace the clutch…
This week, a Kansas City woman was awarded $2.5 million in a wrongful death case when a physician’s negligence led to a stillborn birth of her son in 2010. In Clay County, it is only the second case in the last ten years to favor the plaintiff. Johnna Hughes, a 44-year-old single…
Reuters reports that Home Depot recently reached a settlement agreement in a class-action lawsuit brought by consumers over the massive data breach in 2014, though the agreement must be approved by the federal court. The data breach occurred between April and September of 2014 and affected many customers in the United States…
The Pennsylvania Supreme Court ruled that when an employer’s stored data is breached exposing employee’s personal information, it is a failure in their common law duty to exercise reasonable care. The decision changes the way litigation regarding cybersecurity will be handled. The University of Pittsburgh Medical Center (UPMC) failed to protect sensitive…
At some point during your personal injury or medical malpractice case, you may be called upon to testify. This could be in a deposition or it could be at trial. In rare cases, you may be required to testify at a pretrial hearing. While the situations may be different, there are many…
The American Bankruptcy Institute’s data for 2016 indicated that there were 11,287 cases of Chapter 7 bankruptcy in Maryland. Victims in severe personal injury cases are likely to experience financial problems as often their income may fall due to an inability to work; meanwhile, they may be accumulating significant medical bills and…
A term that is relatively common within medical malpractice law is that of apology laws. Apology laws pertain to situations where health care providers, who have injured patients as a result of their medical negligence, take the time to sympathize with the injured party and their families without the act being used…
Summer is approaching, although it feels very different this year because of COVID-19. Kids have been out of school for months and many are looking forward to traditional summertime activities like swimming at the local public pool, swimming at a friend’s house, or floating in a lake or river. According to an…
The e-cigarette is a helpful tool for smokers. It provides the nicotine of a cigarette, but without all of the toxins and carcinogens normally associated with tobacco cigarettes. An e-cigarette, or “vape” as it is commonly known as, relies on a re-chargeable battery to heat up flavored liquid to the point of…
Technological advances are helping doctors assist patients in new and innovative ways. One of these advances has been the increasing use of telemedicine. Telemedicine is defined by the American Telemedicine Association as “the use of medical information exchanged from one site to another via electronic communications to improve a patient’s clinical health…
Invokana, also known as canagliflozin, is a diabetes medication that regulates blood sugar levels. The medication falls in the class of a sodium-glucose co-transporter 2. There are two types of diabetes which impact more than 380 million people across the world. The most serious form is type 1 diabetes. Type 1 forces…
As the temperature begins to drop this winter, you will want to watch out for any and all road hazards that could mean accident and injury for you. Winter road hazards can result in severe accidents. On the East Coast, winter weather shows up most frequently beginning in late January all the…
Patients worry about many things as they head into surgery. Will the procedure work? What if something goes wrong? What if I wake up during surgery? What if I don’t wake up ever? But of all the things that run through your head when you are having a surgical procedure done, seldom…
A recent Barron’s report suggests the volume of food ordered online is likely to rise by 20% per year and by 2030 sales may exceed $300 billion internationally. Food delivery has progressed well beyond simply pizza; in fact, delivery accounts for approximately 10% of sales at McDonald’s locations that offer the service. Delivery has…
Physicians may be changing employers or practice settings in today’s volatile health care market more than ever before. In scenarios that involve terminating, changing, renewing or extending a “claims-made” medical malpractice insurance policy, there may be a concern to address known as tail malpractice coverage. Tail coverage protects physicians from claims that…
In this day and age, it seems as if everybody has some form of social media account. With the widespread use of popular networking sites such as Facebook, Twitter, and Instagram, people have made sharing some parts of their everyday life a norm. According to a recent study conducted by the Pew…
Pennsylvania sits on one of the largest shale rock formations in the continent, known as the Marcellus Formation. For decades now, oil and gas excavators have flocked to the state to take advantage of the formation which holds huge amounts of natural gas, extracting the gas through a highly technical and invasive…
Many doctors and surgeons are reluctant to admit that they could be involved in a medical mistake that injures a patient. However, the statistics show that medical errors are common in all types of medical treatments and surgeries. According to a research letter published in the Journal of the American Medical Association…
Tens of thousands of glass cooktops sold under a variety of popular brands have been recalled due to the fact that they are apparently able to turn themselves on, posing a fire and burn hazard. According to the U.S. Consumer Product Safety Commission, 26,300 glass cooktops were recalled this week. The cooktops have been sold…
The critically acclaimed Samsung Galaxy Note 7 blew up in sales this year, resulting in a whopping 2.5 million purchases worldwide. Its impressive specifications and unique design proved be very attractive in the eyes of consumers. But just weeks after the phone’s debut, major issues emerged that threatened the safety of its…
Last year hoverboards took the world by storm when they hit the market. Debuted as a battery powered self-balancing scooter, the toy was coveted by all demographics, young and old. Celebrities were spotted riding the scooter down the street or dancing on it at parties, making the product even more desirable to…
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…
Maryland is experiencing a rise in the number of crashes involving bicycles. From 2011 to 2015, the state averaged approximately 780 such accidents per year. In the last five years, the increase is about 20%, with 80% of them resulting in injuries or fatalities. The larger metropolitan areas are the regions with the…
Over 400 lawsuits were filed in the wake of the New York Child Victims Act, which carved out a one-year period during which any adult survivors of child sexual abuse may sue an abuser or a negligent institution, no matter when the abuse took place. The law was signed on February 14, 2019, and…
A jury in Montgomery County awarded $545,000 in damages stemming from a pit bull attack on a 7-year-old girl. The case follows a key Court of Appeals ruling (Tracy v. Solesky) that determined pit bulls to be inherently dangerous and that owners would face strict liability. The girl was at her father’s home, which was…
The Federal Rules of Civil Procedure (FRCP) established in 1937 provides a structure to govern civil proceedings fairly. Rule 37 is contained within the pretrial disclosure and discovery rules and last year some changes were made to account for the preservation of electronically stored information (“ESI”). We will look at the procedures relating to…
Excessively priced drugs make for a common headline these days. 60% of adults in the United States take prescription drugs, and spending on those drugs totaled $424 billion in 2014 and rose an additional 10% in 2015. Earlier this year, the executive of Turing Pharmaceuticals, Martin Shkreli testified before Congress about the…
Columbia Gas has been named in various lawsuits after a gas explosion that caused fires in Lawrence and Andover, Massachusetts. Over 60 homes were damaged and the neighborhood was evacuated for a period of time. At least 25 injuries were reported and one teenager was killed. Leonel Rondon was 18 when the explosion caused…
A freak car accident in Georgia serves as a reminder that the “victims” in a crash are not always the people who were hurt the most. In fact, in some crashes, the person who got severely hurt was actually the person who was being negligent and caused the accident. In these cases, the person…
A report from Nationwide Insurance indicates that August is the month that is most dangerous for motorists. In August 2017 Montgomery County reported approximately 120 accident injuries. It is difficult to definitely say why there are so many accidents in August. This year, the Maryland State Police are assisting the Montgomery County Police Department…
A Central Texas hot-air balloon pilot’s failure to notice power lines during descent likely was responsible for the deadliest U.S. balloon crash in modern history. Federal investigators believe the 49-year-old pilot, Alfred G. “Skip” Nichols IV, sought to quickly descend through a break in thick clouds, apparently without seeing power lines. Nichols…
Two water tanks at Allegheny General Hospital in Pittsburgh have tested positive for Legionnaires’ disease, a dangerous type of pneumonia. The bacteria were found after a cancer patient returned for extra care for a respiratory infection. The discovery of Legionnaire bacteria in the patient prompted an unscheduled inspection of the facility, which…
A recent report from the AAA Foundation for Traffic Safety says that many older motorists are continuing to drive despite being unable to operate a vehicle safely. Dr. David Yang explained older drivers are creating significant dangers on the roads. He places responsibility for making the determination of whether an older driver…
The Federal Motor Carrier Safety Administration (FMCSA) is the central agency responsible for regulating the commercial truck industry. They recently issued a safety report that is intended to inform drivers in passenger vehicles of best practices when encountering semi-trucks. Data from the National Highway Traffic Safety Administration shows that there were over…
A food company has become the subject of several lawsuits following reports of an E. Coli outbreak somewhere within its chain of supply and production. The company in question is the Glenview, IL based I.M. Healthy SoyNut Butter Co., which specializes in the production of soy-based alternative products to peanut butter. These…
Tesla’s “release innovations first, worry about safety later” mantra is back. The newest update for Tesla’s vehicles is a “Smart Summon” feature that allows Tesla owners to remotely call their car from across the parking lot on their smartphone app. The vehicle then uses artificial intelligence to make the trip without the help or guidance of…
Patients usually assume that the more diagnostic tests performed by their doctor the better, thinking more testing means greater understanding. In reality, unnecessary medical tests cost the country billions of dollars every year and may actually put patients in greater harm. Doctors need to understand when certain diagnostic tests are needed, and…
Two separate lawsuits have recently been filed against Phaire’s Care, an assisted living facility located in South Carolina. The first lawsuit is a wrongful death claim alleging that Carlton Phaire, the owner of the facility, was transporting patients when he was involved in a car accident that led to the death of a patient….
Deborah A. Limmer, 60, and Delaney M. Gaddis, 5, were struck by a vehicle and killed recently in Lutherville-Timonium. The Baltimore County Police responded to the scene at approximately 7 a.m. on Girdwood Rd. near Dulaney High School. Callie N. Schwarzman, 22, was the driver of the vehicle that struck the pedestrians after running…
Earlier this year, a Texas resident who worked at Tyson Foods became injured on the job, caught COVID-19, and died. And now her family is suing her employer as a result. This is just one of many wrongful death lawsuits we’ve seen in the news in recent weeks due to COVID-19. Take a look…
Boaters across Pennsylvania this year will enjoy over 85,000 miles of rivers, over 70 lakes, and dozens of other manmade bodies of water. U.S. Coast Guard data shows that in 2016 there were 315,503 recreational watercraft registered in the state. John Arway, executive director of the Pennsylvania Fish & Boat Commission (PFBC),…
Donnie Hendricks, a 74-year-old school bus driver, and Megan Klindt, a 16-year-old student, were the only two people aboard a school bus that caught fire in Pottawattamie County. School officials explained that Hendricks had limited physical mobility. It is unclear why Klindt was unable to exit the bus amid the fire that…
Florida authorities announced yesterday they would not prosecute Corey Lewandowski, Donald Trump’s campaign manager, for simple battery against a journalist. Last month Lewandowski was charged when video evidence showed him grabbing journalist Michelle Fields after she attempted to ask Trump a question. Though these charges have been dropped, Fields may still file…
Walking is the most basic form of human transport and possibly the mode that offers the greatest overall benefits. Unlike driving a motor vehicle, it does not generate pollution and walkers derive physical benefits. The American Community Survey conducted by the U.S. Census Bureau showed that roughly 4 million Americans reported having…
A wrongful death claim was filed by the estate of Reuben W. Weaver III in the Lancaster County Court of Common Pleas, claiming that the Pennsylvania Department of Transportation (PennDOT) was liable for his death. Weaver was driving on Schoeneck Road in Ephrata and approached its intersection with Springville Road. Meanwhile, Roseann Martin was also approaching…
The board of the Chicago Park District is considering a settlement in a case that resulting from an injury that occurred in September of 2014. The incident involved a young girl who was playing on one of the city’s playgrounds when she fell and injured her head on a metal spike that…
The very mention of Disney World is enough to light up the eyes in any child familiar with the legendary studio’s films. Disney World is a theme park associated with the media company of the same name, and is an immensely popular vacation spot for families all around the world, especially those…
The odds of having an encounter with Bambi (or Rudolph) while behind the wheel in Maryland are 1 in 134, according to a recent report by The Daily Record, which ranks Maryland as 22 in the country. These numbers are expected to rise during the months of October, November, December and January…
People use the popular Google search engine to search for everything from the day’s lottery numbers to what movies are showing nearby. Some people even use Google to search for what their medical symptoms might signal. A man in England recently used Google to search for what his symptoms might indicate after…
The family of Collin Wiant, a student at Ohio University, has filed a claim of wrongful death after his hazing-related death. The University has since barred the Sigma Pi fraternity for violations of conduct. A friend of Wiant stated that the fraternity was acting “like a cult.” A video has recently surfaced that shows…
Within the past few years, hundreds of protests have emerged nationwide. Whether they serve as a rebuttal to police brutality, gender inequality or decisions made on behalf of the nation’s current administration, the country seems to have conflicting opinions in regard to their importance and effectiveness. A new law that may be…
Fatal vehicle collisions involving pedestrians continue to rise. The total pedestrian fatalities in 2018 will likely exceed 6,000, the highest volume in over 30 years. Between 2007 and 2016 the number of pedestrian fatalities rose by 27%. The Washington Post reported that four pedestrians died in a 36-hour period recently. All four…
A Philadelphia woman has filed a case against her salon after suffering serious burns and hair loss from chemicals used by salon employees. Stephanie Hendrick was a customer at Xquisite Hair Design in April of 2014. Hendrick claims that the salon incorrectly used chemicals on her hair with the purpose of washing,…
Ocean City in Worcester County has approximately 10,000 year-round residents. However, during the warmer months, there are several million people who visit the city. During these tourist periods, the city has earned a reputation for having traffic accidents and often these involve pedestrians and bicyclists. The number of pedestrian accidents has risen…
It’s the time of year when thrills, chills, and scares are all in good fun. But sometimes the frights go too far and cause injuries. Last month a Michigan woman settled a lawsuit against a haunted house for $125,000. The woman suffered severe fractures to her left leg, a soft tissue injury…
Carbon monoxide poisoning occurs when individuals are exposed to carbon monoxide which builds up in the bloodstream. Carbon monoxide can build up in the body, leading to serious tissue damage, and even death. One of the biggest threats of carbon monoxide is that it is colorless, odorless, and tasteless. This can leave…
Anyone who sits in an aisle seat on the airplane is likely to have encountered a run-in with the beverage cart. In most cases, it is a surprise when the cart brushes against a shoulder, foot, or arm, but they can also seriously injure an elbow, foot, or knee. The hot coffee…
A South Carolina woman filed a medical malpractice claim against a variety of medical providers, alleging that a series of errors resulted in an infection that ultimately lead to amputation of both legs, her left elbow, and the fingertips on her right hand. The court ultimately found in favor of the plaintiff,…
Lots of people enjoy the feel of an open road. To get closer to the road and experience it more fully, many people choose to ride motorcycles instead of cars, deciding that the feel of wind in their face is worth the risk of a potential accident which may result in serious…
An autonomous vehicle made by Tesla was involved in a significant accident while operating in Autopilot mode. Police in South Jordan, Utah confirmed that a 28-year-old woman was operating a Model S that crashed into a fire truck while in self-driving mode. The National Highway Traffic Safety Administration is currently investigating this…
An ex-mayor of San Diego has decided to sue the city, claiming that a damaged sidewalk caused his wife to trip and fall and rupture her breast implants. According to the lawsuit filed by former Mayor Roger Hedgecock and his wife Cynthia Hedgecock, the incident occurred in 2015. They were walking on…
Former professional football players are expected to begin receiving payouts within the next three to six months as part of a $1 billion settlement linked to brain injuries suffered during games. The United States Supreme Court rejected two final challenges to the lawsuit against the National Football League brought on behalf of…
Bird is a startup company now offering scooter-sharing in Baltimore. Individuals may use a mobile app to rent these electric vehicles for $1 and then pay 15 cents per minute thereafter. They are battery powered and a good option for those needing transportation for short distances. The scooters initially are in use throughout Harbor…
Gerard D. James was operating a tour bus when he struck and killed two pedestrians in Washington, D.C. Killed in the crash were Monica A. Carlson, 61, and Cora L. Adams, 85. The two were walking northbound on Seventh Street NW and then began crossing Pennsylvania Avenue. Police claim that video footage revealed that James…
In 2014, a plane crash occurred in Maryland where a private jet flew into a home that led to the death of a woman and her two small children. A wrongful death claim brought by the husband, Kenneth Gemmel, has finally been resolved. Gemmel has endured a great deal of stress after losing his family…
A recent, early morning pileup on the Pennsylvania Turnpike involved three tractor-trailers. This crash resulted in at least five deaths and more than 50 people injured. While the cause of the crash is not yet known, people should be aware of added dangers that are associated with tractor-trailers as opposed to cars on the…
Justin Stephanos and Perry Cohen, two Tequesta teenagers, disappeared on a fishing trip at sea in 2015. The Cohen family filed a wrongful death action recently against Austin’s family citing negligence. The two had been friends for several years and their families participated in recreational activities together in the past. The friendly relations between…
Cases of mistaken identity are not uncommon. On average, people meet an estimated 80,000 people over the course of a lifetime. You may mix up someone’s name or face, resulting in some embarrassment. However, when a hospital mixes up patients, the results can be dire. In some cases, doctors can operate on…
A handful of firefighters have been hurt while battling a blaze in Baltimore. To the surprise of many outside the legal field, their ability to file a personal injury lawsuit and recover compensation for their injuries will likely depend on the ongoing investigation into the fire – their rights to compensation will depend on…
Denise Spicuzzo and her family visited the popular Hershey amusement park. While posing for a picture standing on a wave runner display, she suffered a slip-and-fall injury. She filed an injury claim in a U.S. District Court in Pennsylvania against the park. Judge Sylvia Rambo recently denied a motion raised by Hershey Entertainment &…
A three-judge panel recently ruled in the wrongful death case of Smoyer v. Care One in the Pennsylvania Superior Court. Plaintiff Frank Moyer brought a civil action against the parties who managed the nursing home where his now deceased mother lived. Named defendants included Care One, 890 Weatherwood Lane Operating Co., and Healthbridge Management. A Westmoreland…
The Federal Motor Carrier Safety Administration (FMCSA) is the central agency governing commercial motor vehicles (CMVs), such as large tractor-trailers. They recently announced a new demonstration program, or “pilot” project, that involves how commercial truck crashes are classified. The initiative’s purpose is to ultimately allow the agency to make better decisions about crash prevention. …