… A 25-year old Asian graduate student was on a bus on New Year’s Day on her way to complete a lab assignment. As the bus approached her stop, she walked to the front. The driver opened the door but just as she began to step out the driver pulled forward and sped up with the door still open. The student was thrown headfirst out the open door onto the sidewalk. She sustained a concussion which delayed her graduate training. Earlier that day, the driver had reported to his dispatcher that he had to pull the bus over to throw up and was too sick to drive. The dispatcher refused to find him a replacement, however. The driver attributed his lack … [Read more...]
Bachelorette party bus driver engages in poor driving, young woman scarred for life.
… A 30-year-old woman and her friends chartered a private bus for a bachelorette party. The bus driver got lost and the young woman began walking to the front to assist him with directions. As she approached the driver, he suddenly swerved the bus, throwing the woman off her feet and into the bus door. She sustained a significant cut on her cheek, resulting in an unsightly scar. The case was settled after a lawsuit was filed. … [Read more...]
Harley-riding landscaper plants her bike on the road when uninsured motorist cuts her off.
… A 47-year-old golf course landscaper was riding her Harley Davidson motorcycle when a car suddenly changed lanes and pulled directly into her path. To avoid impact, she laid her bike down, injuring her neck, hip and leg. Since the other driver was uninsured, the landscaper made a claim against her own insurance company for Uninsured Motorist benefits. Before the claim was submitted to UM arbitration, the case settled for a reasonable sum. - MyRecentCases … [Read more...]
Dave Landay awarded AV Preeminent Rating by his peers
Dave Landay was recently awarded the “AV Preeminent Rating” by Martindale-Hubbell Peer Review Ratings. The AV Rating is the highest possible rating given by Martindale-Hubbell Peer Review for a lawyer and is established wholly on a peer-review basis. The AV Preeminent designation signifies that Dave has been rated by Judges and fellow attorneys as having the highest possible rating for legal abilities and ethical standards. The “AV Preeminent” rating is awarded to less than five percent of all attorneys across the United States. The Legal Ability Rating indicates professional ability in a specific area of practice and is based on five key … [Read more...]
A Possible Solution to PA’S (UN) Fair Share Act – Maximizing Your Recovery
Pennsylvania recently amended its long-standing law regarding joint and several liablity. Joint and several liability applies when more than one party is responsible for an injury. Under the old law, any party at least one percent at fault was jointly and individually liable for all of the damages. This protected the injured victim when the most responsible party had insufficient insurance or assets. This has now changed with the recent amendments. The joint and several liability amendments limit the liability of a defendant who is less than 60% at fault to his proportionate share of liability. Under the amendments’ language, however, … [Read more...]
Why Not Cap Hospital CEO Salaries Too?
Governor Cuomo of New York has proposed to cap medical malpractice awards at $250,000. A New York legislator, Deborah Glick, has submitted a bill capping hospital CEO salaries at $250,000 also. If $250,000 is enough to cover a lifetime for a medical error, according to Ms. Glick, then it should be enough for a CEO's yearly salary. What a refreshing idea! … [Read more...]
Not So Independent Medical Exams
Defendants and their insurance companies often schedule an injured accident victim to a so-called "Independent Medical Exam". Most of these exams are a farce. The examiner could write his or her report even without an exam. These doctors are usually bought and paid for by the iinsurance companies. The earn hundreds of thousands of dollars in a single year examining plaintiffs, writing reports and testifying. For a funny but true satirical look at these exams, click below: … [Read more...]
Sobering Drunk Driving Commercial
Many of my clients are victims of drunk driving auto accidents. For anyone who thinks about drinking and driving, here is a very sobering commercial. Click below: … [Read more...]
Many Doctors Disciplined But Escape Licensing Action
According to the National Practitioner Data Bank, from 1990 to 2009, over 10,000 doctors had clinical privilege actions. This means restriction or revocation of their privileges. However, almost 6000 of these doctors had no action taken against them by their state licensing board. Almost 2000 of these doctors had the most serious violations. The state licensing boards are sleeping on the switch. To improve medical care, let's weed out the bad doctors, not worry about tort deform which takes away patients' rights. For more information … [Read more...]