Philadelphia Injury Lawyer Blog

Christmas vacation is just around the corner and many Philadelphia families will be heading south to relax on sunny beaches. A trip to the local amusement park is de rigueur when vacationing with children and teens. While family-friendly amusement parks are usually a safe bet for family fun, Philadelphia personal injury lawyers warn that things do sometimes go wrong, as they did for a California family attending the 2008 Calaveras County Fair. Last week a judge approved a $3.375 million settlement to compensate the Milligan family for severe personal injuries suffered by their five children when an amusement ride malfunctioned.

A day of family fun turned tragic when the five Milligan children boarded the Yo-Yo ride during a family outing to the Calaveras County Fair. As the swing-type ride came to an end, supporting arms dropped while the ride was still in motion, dragging passenger chairs across the ground. In all, 21 people sustained personal injuries in the amusement ride accident, among them the five children of Robert and Deena Milligan. Tragically, one of the children suffered catastrophic injuries that caused permanent brain damage and severe orthopedic injuries.

Accident investigators determined the cause of the amusement ride accident to be a damaged lock washer that allowed the ride's arms to drop prematurely. The ride's manufacturer, Chance Rides, subsequently issued a national bulletin to Yo-Yo ride owners ordering the installation of a metal plate to prevent the occurrence of similar accidents.

Personal injury accidents often involve multiple parties. In this case, personal injury attorneys filed suit against the ride's owner, previous owner and manufacturer. When complex amusement park rides malfunction, common causes of failure include faulty design or construction by the manufacturer, improper repair or negligent maintenance by the ride owner, and faulty or negligent operation by ride attendants. When amusement rides fail, Philadelphia personal injury attorneys investigate each possible contributing factor to ascertain degree of fault and ensure that families are compensated for their injuries or loss.

More Americans hit the highways to visit friends and relatives during the Thanksgiving Day holiday than at any other time during the year. Philadelphians traveling to grandma's house will be sharing the Pennsylvania Turnpike with an estimated 2.7 million other drivers. Turnpike officials say the 5-day Thanksgiving holiday (Wednesday through Sunday) is the most heavily traveled weekend of the year on the toll road.

With so many drivers on the road, the risk of ending your holiday weekend with a serious or fatal auto accident is high, warn experienced Philadelphia personal injury lawyers. Philadelphia drivers are advised to be particularly vigilant and drive defensively. Many of the drivers on the road Sunday will be tired from the long holiday and distracted by cranky kids, increasing accident risk.

Peak traffic flow on the Pennsylvania Turnpike typically occurs on the Wednesday evening before Thanksgiving and from noon to 8 p.m. that Sunday. This year, turnpike engineers expect 690,000 vehicles on the turnpike Wednesday and more than half a million on Sunday as Philadelphia families return home to prepare for a new work week and children get ready for school. Pennsylvania Turnpike State Police urge motorists to concentrate on the road and the traffic around them. Distracted driving, particularly texting, is a factor in the majority of fatal car accidents.

"When you try to text while driving, you endanger your own safety and the lives of everyone else on the road," State Police Troop T Cpl. Richard Dean told the Berks-Mont News. "We have seen too many accidents where texting behind the wheel ended in tragedy and other travelers became innocent victims of another driver's careless behavior."

From all of us at the Pearce Law Firm, have a wonderful Thanksgiving and please drive safely.

Wall Street is trying to turn a profit on the tragedy of others, complain some Philadelphia personal injury attorneys. Many court-watchers are appalled, charging that Wall Street investors are trying to turn the U.S. justice system into a roulette wheel. Profit-hungry investors -- large, national banks, hedge funds and private investors -- are ponying up hundreds of millions of dollars to bankroll lawsuits for other people in exchange for a healthy share of any court awards. Medical malpractice lawsuits, high-end divorces, catastrophic personal injury cases and class-action lawsuits against major corporations -- any lawsuit with the lure of a huge settlement -- appear to be fair game for what are called litigation-finance investors.

Litigation-finance isn't a new concept. The first litigation-finance firm opened its doors in San Francisco in 1994. Alan Zimmermann, founder of Law-Finance Group, explained the benefits of litigation investment in an interview with The New York Times:

"If you want to use the civil justice system, you have to have money. If there's less money, you'd have less litigation. but then you'd also have less justice."

While a review of litigation finance conducted by The New York Times and the Center for Public Integrity did reveal some benefits when investors start fronting money for court costs, it also uncovered some nasty abuses that hurt the people they purport to help.

Benefits: Investors argue that the cash they provide enables more people to have their day in court. Leveling the financial playing field gives both parties equal opportunity for justice. Investor money can pay for high-priced experts and fund extensive evidence preparation, strengthening court cases and removing resources from the justice equation.

Abuses: There are a few thorns among the roses. Often the use of investor money comes with strings attached. To maximize profits, investors sometimes chose their targets and initiating proceedings. Investors also prefer to exert control over lawsuits, directing litigation to increase profits.

When you hire the Pearce Law Firm in Philadelphia, we work for YOU, not a bunch of investors who are in it only for the money.

As Philadelphia parents of teen-agers know, the nail-biting starts when you hand over the car keys and doesn't stop until your teen arrives safely home. The day your son or daughter finally gets his Pennsylvania driver's license and earns the right to drive solo is a long-awaited rite of passage for Philadelphia teens and a long-dreaded moment for their parents. According to the Philadelphia inquirer, 500 teen-age drivers have died on Pennsylvania highways in the last 5 years. Philadelphia personal injury attorneys point out that, over the same time period, Philadelphia teen drivers were responsible for auto accidents that killed more than 600 people.

Statistics show that teen-aged boys are at greatest risk of being in a car accident. Driver error and distractions are the greatest cause of accidents by new drivers, boys and girls. A new report just released by Canadian researchers indicates that behavioral disorders significantly increase the risk of serious personal injury auto accidents for Philadelphia teens and young, male drivers throughout the country. According to a study by the University of Toronto, traffic accident risk increased by 33% in male teens who had been diagnosed with ADHD (Attention Deficit Hyperactivity Disorder), a behavioral disorder that primarily affects males. Similar increased risk was found for teen-aged boys who suffered from epilepsy, diabetes and other disruptive behavior disorders.

"Many drivers overestimate their skills and underestimate their risks," the study's lead researcher, Donald Redelmeier, told Reuters in a November 16, 2010 online article. "These findings show that the increased risk might be mitigated with better awareness and treatment of ADHD.

With an accident rate twice that of the general driving population, male teens were found to be the riskiest drivers, "Teen-age male drivers involved in serious crashes can also have especially devastating outcomes related to ongoing needs for health care as well as foregone future productivity," Redelmeier said.

Parents of Philadelphia teen drivers are urged to contact a Philadelphifa personal injury attorney should their teen be involved in a serious car accident.

Three cases before the U.S. Supreme Court could result in a precedent-setting verdict with serious ramifications for federal antidiscrimination laws, say Philadelphia employment discrimination attorneys.

-- A U.S. Army Reservist in Illinois has filed a discrimination suit against the hospital where he worked for 11 years. Vincent Staub claims he was fired because his supervisor resented absences required by his Army Reserve duty, a violation of the Uniformed Services Employment and Reemployment Act. The hospital says Staub's military service was not a consideration in his termination and that he was fired for failure to complete tasks and poor attitude on the job. A federal district curt agreed with Staub and awarded him $58,000 in damages; however, the U.S. Court of Appeals overturned the decision.

-- Kevin Kasten claims the plastics firm he worked for fired him for complaining about the illegal placement of a time clock.

-- Eric Thompson claims he was fired in retaliation for a discrimination complaint filed by his fiance, an employee at the same company.

Philadelphia personal injury attorneys who specialize in workplace discrimination law say the combined cases seek to expand worker protection from employer retaliation when the employee or someone close to him angers the boss. The Supreme Court will hear the three cases together.

Legal analysts are debating the possible outcome of these workplace discrimination cases. While Chief Justice John Roberts has a record of being pro-business, the court has made a point of upholding the law, as opposed to legislating from the bench, the practice of some previous courts. Philadelphia employment discrimination attorneys say it is likely that the justices will uphold the numerous federal and state laws that protect workers' rights against discrimination, but nothing is certain.

If you have been discriminated against at work or unfairly terminated, contact a Philadephia personal injury attorney with proven employment discrimination expertise.

In 2003 an industrial accident severely burned two workers, smelters at Ametek Specialty Metal Products in North Strabane just south of Pittsburg. Explosion of a metal furnace sprayed the two men with molten metal, causing catastrophic burn injuries, forever changing the lives of the men and their families. This week, a Pennsylvania jury awarded the two men $12.7 million compensation for their personal injuries.

Philadelphia personal injury attorneys note that serious industrial accidents are usually triggered by a complex cascade of events. When industrial accidents occur, personal injury lawyers conduct a thorough investigation to uncover the facts and determine likely responsibility. Numerous factors can contribute to an Industrial accident, including unsafe plant conditions, poorly trained personnel, faulty equipment and poorly maintained equipment. In the 2003 Ametek accident, investigation revealed that the furnace liner failed, causing an explosive chemical reaction.

The explosion spewed molten metal across the smelting site, leaving two men severely burned, disfigured and disabled. One worker suffered burns over 65% of his body, leaving 95% of his body badly disfigured. The other worker suffered burns over 22% of his body, causing permanent scarring to 33% of his body.

Personal injury attorneys for the two workers filed suit against the manufacturers of the furnace and its liner. Multiple defendants are common in industrial lawsuits say Pennsylvania personal injury attorneys. Complex heavy industrial equipment is composed of numerous components, each designed and produced by a different manufacturer. Failure of a piece of industrial equipment may involve multiple components. In the Ametek case, the jury found the furnace manufacturer 50% responsible for the accident and each of two firms involved in construction of the liner 25% responsible.

When industrial accidents occur, the complexity of industrial accidents and rigor of suing multiple defendants requires the talents of an experienced Philadelphia personal injury attorney.

Just in time for holiday baking, tainted eggs are back in the Philadelphia news. Sparked by a new outbreak of salmonella, Philadelphia personal injury lawyers note that the most recent egg recall was ordered when regular testing discovered salmonella in a barn at the Central Ohio farm of egg producer Ohio Fresh Eggs. Cal-Maine Foods, the country's largest egg distributor, recalled 288,000 eggs purchased from the Ohio farm. So far no cases of salmonella poisoning have been linked to this batch of contaminated eggs. However, earlier this year 1,600 reported cases of salmonella illness were traced to two Iowa egg farms resulting in the August recall of 550 million eggs.

Nationwide epidemics of food-borne illness, most commonly caused by salmonella, E. coli or listeria, are usually traced to worker or manufacturer negligence, unsanitary conditions or diseased animals. While food poisoning can occur at any point in the manufacturing, packaging, preparation or food-handling process, nationwide recalls are generally traced to farm conditions or practices. In the most recent egg recall, farm workers negligently included questionable eggs in a shipment of uncontaminated eggs. A few years ago, a nationwide E. coli outbreak was traced to a California farm where workers were using the same truck to haul manure and lettuce.

According to the U.S. Centers for Disease and Prevention (CDC), food-borne diseases sicken 76 million Americans every year, 325,000 seriously enough to be hospitalized. More than 5,000 Americans die from food-borne illness every year. Philadelphians are warned not to consume uncooked eggs. (Yes, this means no licking the beaters or snacking on uncooked cookie dough while you're doing your holiday baking!)

When food-borne illness causes serious illness or death, a Philadelphia personal injury attorney can protect your rights and fight for the compensation you deserve from negligent food producers, packers or distributors.

A California jury this week awarded two women $9 million for severe personal injuries suffered in a 2008 car accident. According to court documents, the truck driver for a Fresno refrigeration equipment company, Hussmann Corp., rear-ended a pickup truck driven by Susan Lutz. The force of the collision propelled Lutz' truck into the back of a van driven by Clarice Brewer. As a result of the accident, both women sustained severe, life-changing injuries.

Brewer suffered a spinal cord injury and lost the use of both legs. No longer able to walk, she will spend the rest of her life in a wheelchair. Lutz suffered a traumatic brain injury that has left her in a permanent state of vertigo which makes patients feel constantly dizzy. The jury awarded Brewer $2.36 million for medical expenses and $5 million for pain and suffering. Lutz received $981,770 for medical expenses and $1 million for pain and suffering.

Philadelphia personal injury lawyers say that the aspect of this case of most interest to Philadelphia drivers is the defense attorney's attempt to decrease the truck owner's liability by arguing that one of the victims was not wearing a seatbelt when the accident occurred. Personal injury lawyers for the woman argued that she was. The jury sided with the woman's attorneys, holding Hussmann 100% responsible for the motor vehicle accident.

Philadelphia personal injury attorneys note that had the jury decided that the woman was not wearing her seatbelt, she would have been held partially responsible for the severity of her injuries which would have decreased the amount of her award. If you are in a Philadelphia auto accident, an experienced personal injury attorney can see that you receive the compensation you are entitled to.

In our last post we recounted the terrifying ordeal actor Dennis Quaid and his wife Kimberly endured in 2007 when his infant twins nearly died after being administered the wrong medication during a hospital stay. Philadelphia medical malpractice attorneys say similar scenarios occur in Philadelphia hospitals and medical facilities across the country every day. Nationally, medical errors kill more than 100,000 people every year and another 90,000 die from infections acquired during hospital stays, according to the U.S. Centers for Disease Control and Prevention (CDC). To make the numbers understandable, Quaid, a jet pilot, told AARP Magazine, "That's the equivalent of 20 jet airliners full of passengers gong down every week."

While transparency has improved, Philadelphia personal injury lawyers experienced in medical malpractice litigation note that there have been incidents of hospitals, doctors and health care workers attempting to cover up evidence of medical errors to avoid medical malpractice suits. In his AARP interview, Quaid said the two things that most angered him about his children's near-fatal medical malpractice experience were:
1. The hospital's failure to immediately inform him when his children's health deteriorated.
2. Being met by the hospital's legal team when he arrived at the hospital during the crisis.

Doctors take a vow to do no harm. When medical errors or negligence do harm to a patient, it is called medical malpractice. When a patient is killed or injured by negligent medical care, Philadelphia medical malpractice attorneys will first evaluate the merits of the case and claim to determine whether a legal claim of medical malpractice can be substantiated. The Pearce Law Firm charges no fee for this initial consultation, and potential clients are placed under no obligation. Should you choose to go forward with a suit, we take on most Philadelphia medical malpractice cases on a contingency basis, collecting a percentage of the funds collected only if we obtain compensation for you. Clients pay no up front fees.