In this Issue — December 2011
- November Turkey Winner
We were once again blown away by the number of callers (over 60) who responded to last month’s Newsletter question. Helen P.’s name was drawn from the 60 contestants to win the $50 turkey bird special.
And now for the December Newsletter question, with a chance to win some Christmas lobster tails from Wholey’s! Name one of the colors of the American flag? Come on, this is way too easy. Please call Mary at 412-281-8700 with your answer.
- Snowblower, Lawnmower, and Power Tool Injuries
Unfortunately, when someone is injured using these machines, it usually involves severe injuries including loss of fingers, amputations or even death. Usually, in order to proceed on these type of claims under a strict liability or negligence claim, the Courts require an expert report. The Defense usually argues the injured person “assumed the risk” of injury by using the snowblower or power tool. Having an expert look and test the product to see if the machine was defectively designed can overcome this defense. Call us if you have any questions in this regard. Please remember it never hurts to ask!
- Irish Humor
What proof is there that Jesus was Irish? Well He lived with His parents until He was thirty, He hung around His 12 friends and His mother thought He walked on water!
- Criminal Law – You Be The Judge
During a lawful automobile stop, can the police ask for the passenger’s identification even if the passenger isn’t a suspect? Yes. A passenger has no legitimate expectation of privacy in this situation.
- Facebook Dangers
We have talked about this in prior Newsletters, but because it can be so devastating to your personal injury case it bears repeating: Please do not post anything on your Facebook page that you would not want brought up in front of a jury about yourself!!
Another Court has ruled that information contained on a Plaintiff’s (that’s us) Facebook profile was fair game for the Defense to obtain. The Court ordered the injured person to provide her Facebook user name and password to the Defense. Making a Facebook page private doesn’t protect you because even private Facebook posts are shared with others. In the case at issue, the injured party testified at her deposition that she needed to walk with a cane. But her Facebook page talked about going to the gym to exercise and also showed pictures of her enjoying life with her family with no cane or limitations.
We always tell our clients to tell the truth at their deposition whether it helps us or hurts us.
Other than lying under oath or at one’s deposition, there is probably nothing that can torpedo a good case more than posting something like that on your Facebook page!!
- Father of Fatal Crash Victim Files Suit Against Driver
The father of a motorcyclist struck and killed in a traffic accident in May has filed a lawsuit against the driver of the car that struck his son, the vehicle’s owner and the state. The suit alleges that the Defendant, as a habitual driving offender, should have had her license revoked and not been on the road when she struck the deceased. In other words, the death was avoidable and completely unnecessary.
- Dram Shop Act Cases
If a bar or restaurant serves alcohol to an intoxicated person and the individual then drives their car on the highway and hurts or God forbid kills another because of their intoxication, the law calls such claims Dram Shop Act violations.
Under the Dram Shop Act, a liquor licensee has a duty to refrain from serving visibly intoxicated patrons. A violation of the act is negligence per se and Defendant will be liable if the violation was the proximate cause of Plaintiff’s injury.
Please call us to discuss Dram Shop claims.
- Pens Update
Isn’t it great to see superstar Sidney Crosby back on the ice? We wish him and the Pens the very best this season!!
- A Christmas Thank You
On behalf of Angela, Denise, Mary, Kevin and myself, we wish to thank you for your patronage over the past year. You are the main reason why our business thrives! Thank you and Merry Christmas!!
- CONSIDER US
If you or someone you know has been hurt in any of the following situations, please feel free to contact me for a free consultation: Personal Injury cases, Injuries Involving Surgery of any kind, Children’s Injuries, Fractured Bones, Vehicle Accidents, Catastrophic Injuries, Medical Malpractice cases, Wrongful Death cases, Product Liability/Defective Product cases, Homeowners Liability cases, Workers Compensation cases and Criminal Defense.
- Go Steelers and Pens!