NURSING HOME LITIGATION
In the January 25, 2011 edition of the Legal Intelligencer there was an article authored by two attorneys, William Mundy and John Skrocki, from the law firm of Burns & White. They reviewed the Pennsylvania Superior Court, July 15, 2010, opinion of Scampone vs. Grane. That case has been widely written about because it changed […]
CAR COLLISIONS
SLIDING ON ICE IN PITTSBURGH, PA AND DISCOVERY I am sure you can relate to this. You have seen it a hundred times. This morning I was driving to work, coming down I-279 South towards Pittsburgh. A car about a hundred yards in front of me in the slow lane, was approaching a bridge. You […]
ANSWER TO THE GUNS FOLLOW DRUGS QUESTION Part 2
In the case of Commonwealth vs. Grahame, the Pennsylvania Supreme Court ruled that the police did not have a reasonable suspicion to conduct a protective search of the handbag. The woman’s proximity to others engaged in criminal activity was insufficient in itself to justify the search of the purse. The Commonwealth was unable to state […]
MERRY CHRISTMAS!
TO ALL MY BLOG READERS I want to wish you and all of your loved ones a Blessed Christmas and a Happy New Year. May the joy and peace of God be with you throughout the holiday season and the entire year! Happy Holidays! Bernie Tully
ROLLOVER CAR CRASH – PART 1
WHAT WAS THE DEFENSE THINKING? Lawyers USA recently reported a jury award of $19 million in a seat belt rollover case. Eric Polston claimed that a defective seat belt design caused him to be ejected from a vehicle in a car crash. The Plaintiff became paralyzed as a result of the injuries he sustained. An […]
ROLLOVER CAR CRASH – PART 2
WHAT WAS THE DEFENSE THINKING? You have to wonder what the defense was thinking in this rollover case? It is one thing to posture during settlement negotiations with the other side and put your best foot forward, arguing you are going to win the case. It is another thing, though, when there is testimony that […]
NURSES MAY NOW TESTIFY AS EXPERT WITNESSES ON CAUSATION ISSUES IN PERSONAL INJURY CASES
In order to pursue your personal injury case, we usually need an expert to testify as to the causal connection between the negligent act and the injuries that you sustain.This is called the causation issue. Until now, only a medical doctor could testify as to the causal link between your auto accident, for example, and […]
MORE EVIDENCE THAT THE MEDICAL MALPRACTICE CRISIS HAS ENDED
The year 2010 has brought about a further decline of medical malpractice cases. According to an article in the Legal, dated April 27, 2010, medical malpractice case filings and verdicts in the year 2009 revealed a continuing decline in the number of suits filed against healthcare providers in Pennsylvania, including hospitals and doctors. This was […]
WHOSE NAME IS ON THE SETTLEMENT CHECK
Although this case has not received a lot of general public attention, the recent Pennsylvania Superior Court case of Zaleppa vs. Seiwell was a huge win for injured persons in the personal injury field. Here is what the issue was. Assume your personal injury case settles for, let’s say, $100,000. You have received Medicare payments […]
LAWYER FEES – PREPARE FOR A TOUCHY SUBJECT
THE HOURLY RATE VS. THE CONTINGENCY FEE There are generally two different ways attorneys are paid for their services in the personal injury field. Those who are hired by the insurance companies to represent clients in personal injury cases usually charge by the hour. This is called an hourly rate. It is a number that […]