October 2015

I wish to thank each and every reader for your generous referrals over the years! We especially thank Sandra Fisher, Donnell Wilson, Arla Payne and Diana Kennedy for their thoughtful referrals this month. We appreciate it!

Congratulations to Jane G. on winning last month’s Newsletter question. Jane will receive a FREE $50.00 gift card.

New And Improved Website

Please feel free to check out my new improved website at www.telltully.net.

Now for the October question of the month and a chance to win a FREE $50.00 gas card. Name one thing commonly associated with Halloween?

Jail Suicide – Government Seeks Dismissal of Sandra Bland Lawsuit
Attorneys in Texas are trying to dismiss the wrongful lawsuit filed by the family of Sandra Bland. The 28 year old woman died while in police custody. She hung herself in a jail cell after a minor
traffic infraction. The death was ruled a suicide. The government is claiming they screened Bland before her incarceration and she consistently denied she was contemplating suicide. Interesting. What do you think?

Product Liability Case – Parents Sue Amusement Park After Accident
The parents of two severely injured children are suing Beechbend Amusement Park in Kentucky after their daughters were injured during a ride that malfunctioned. The two children were on the
Jitterbug Swing when the accident occurred. Riders noticed a loud cracking sound during the ride and yelled for the operator to hit the emergency button. The ride attendant was not at her post to
stop the ride in time and, as a result, the ride completely collapsed.


A lawsuit was filed in Los Angeles over events that took place during the last Stanley Cup Playoffs. The victim, a Chicago Blackhawks supporter, claimed that fans of the opposing King’s team brutally assaulted him and his family at the AEG-Staples Center. The attack left him with  fractures to the bones in his face and severe emotional distress. The suit holds the Staples Center at fault for not providing effective security for the game.

Family Awarded $1.42 Million In Mesothelioma Lawsuit

A New York family has been awarded a $1.42 million settlement in a wrongful death lawsuit against Johnson, Inc. The wife of the deceased, alleged that her husband was exposed to asbestos during his work with the United States Navy. He had worked repairing boilers for the Navy where he worked extensively with gaskets manufactured by the company. At that time, he was exposed to levels of asbestos that led to deadly mesothelioma cancer.

Allegheny County Jury Deliberates on Mesothelioma Lawsuit

In Allegheny County, PA the wife of a mesothelioma victim contracted the cancer as a result of washing her husband’s clothes for 30 years. Even though she did not work at a plant where asbestos and mesothelioma existed, she alleges that she contracted it because she was exposed to the work clothes he was wearing for an extended period of time. Of course, there are experts on both sides saying it could or could not have happened that way.

Wedding Bells!

Special Congratulations To My Son Kevin and His Lovely New Wife Brandy, on their recent wedding at the Pittsburgh Renaissance Hotel. Everyone had a fantastic time. We wish Kevin and Brandy the absolute best on their new life together!

Criminal Law – What Is A Stipulated Non-Jury Trial?

Sometimes the District Attorney cannot formally offer a plea bargain deal to a Defendant for various policy reasons. What happens in a stipulated non-jury is that no live witnesses are presented. Rather a summary is given to the Judge of the important facts, and then the Judge decides the case based on the summary of the facts.

I just did a stipulation non-jury trial last week. The District Attorney could not offer us a deal that would not include my client losing his driver’s license. By using the stipulated non-jury trial
approach, the Judge was able to find him not guilty of that particular charge but guilty of a lesser charge. Everyone was happy, especially my client. That is the important thing. Call me for details on this unique procedure.

What Did You Think About The Pope’s Visit?

Cardinal Wuerl spoke eloquently to the Pope after the historic mass at Catholic University. He use to be a parish priest in Mt. Washington (Pittsburgh). Then he became the Bishop of Pittsburgh for many years. Finally Cardinal Dinardo was there at the altar too. He used to be our pastor at Sts. John and Paul Church in Wexford. Amazing!


Your attorney/friend,

Bernie Tully
Thank you all once again for all your kind referrals!