… 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...]
A Possible Solution to PA’S (UN) Fair Share Act – Maximizing Your Recovery
May 8, 2012 by
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...]
Hot Coffee Director: Tort Deform Myths
March 16, 2011 by
Check out this interview with the director of Hot Coffee. This film debunks the myth that there are too many frivolous lawsuits. Every consumer should watch this movie before being tricked by the propaganda of the insurance industry and Chamber of Commerce. Hot Coffee Interview: … [Read more...]
Pennsylvania Car Insurers May Prorate Deductibles
July 1, 2010 by
If you are in a motor vehicle crash and you have collision coverage with your automobile insurance company, your insurance company may pay for the damages to your vehicle regardless of who was at fault. This is often done as a matter of convenience and to expedite payment. If another driver or entity is at fault, your insurance company will then make a claim for reimbursement against the other driver and his or its automobile liability insurance company. This is called subrogation. In Pennsylvania, your insurance company will include in its subrogation claim your deductible, if any. If your insurance company … [Read more...]
Jury Finds for Plaintiff in Highly Contested Allegheny County, PA Motor Vehicle Accident
April 2, 2010 by
I was recently successful in securing a favorable verdict for an Allegheny County, PA motor vehicle accident victim. Alhaj v. C&K Industrial Services, Inc. and Keeder, No. GD08-001439 (Allegheny County, PA February 5, 2010). This motor vehicle wreck occurred in Munhall Borough, Pennsylvania. As the plaintiff pulled his car into an intersection, he was struck on the passenger side by a truck coming up the intersecting street on his left. The plaintiff had a stop sign, but the truck driver did not. This presented a challenge in proving that the truck driver was responsible. An accident … [Read more...]
Lawrence County, PA Court Rules in Favor of Limited Tort Auto Accident Victim
March 31, 2010 by
Harlan’s car was struck in the rear by a Pennsylvania State Police car. Harlan sued the Pennsylvania State Police for injuries. The state police asked the court to dismiss Harlan’s lawsuit because Harlan’s claim was governed by Pennsylvania’s limited tort law. Under Pennsylvania law, an auto accident victim with limited tort can only recover for out-of-pocket expenses unless he has a serious injury. A serious injury is a serious loss of a bodily function. Here, Harlan had three surgeries and forty physical therapy sessions. He missed work and could not fully participate in certain … [Read more...]
PA Supreme Court Refuses Appeal on Important Underinsured Motorist Case
March 26, 2010 by
Amanda Pusl was injured in a car wreck through the negligent driving of Matthew Means. After a two-day trial, a jury awarded Pusl $100,000 in damages for her injuries. Before trial, Pusl had already received $75,000 for these injuries from her own underinsured motorist insurance company, State Farm. $75,000 was the limit of Pusl’s underinsured motorist coverage with State Farm. As requested by Means’ attorney, the trial judge subtracted the $75,000 from the $100,000 jury verdict, reducing it to $25,000. Pusl filed an appeal. On appeal, the Pennsylvania Superior Court, clearly misreading the … [Read more...]
