Philadelphia Injury Lawyer Blog

Missouri Woman Wins 95 Million in Sexual Harassment Case

Thu, 02 Feb 2012 09:59:04 -0500

In June of 2011 a Missouri Woman won what is being called the biggest sexual harassment settlement in history. Former Aaron’s Inc. employee Ashley Alford was awarded 95 million in damages after her sexual harassment case was heard in U.S. district court.

Although a federal cap on damages reduced Alford’s settlement, she was still able to walk away with about $41.6 million. The award included $15 million in compensatory damages and $80 million in punitive damages. The total came to what one lawyer believed to be most likely “the absolute largest sexual harassment verdict in the country for an individual plaintiff.

Ashley Alford, who was in her mid 20s at the time of the trial, made her case after allegedly being harassed for several months by her store supervisor, Richard Moore, before he eventually held her down at the office and engaged in inappropriate sexual conduct in late October of 2006. Alford stated that she had high hopes for stability and advancement within the company when she was hired but shortly after Alford was hired on Halloween of 2005, Moore allegedly began making sexual and lewd jokes around her and began trying to grope her while constantly referring to her by nicknames such as “Trixie” and “Trix.” Alford also alleged fellow former Aaron’s employees of telling her to “watch her back,” after she finally started to bring action against them.

Aaron’s Inc., which is based in Atlanta, has about 1,800 stores in 48 states, more than 10,000 employees and made a net profit of about $118 million in 2010. The company was found liable for “negligent supervision,” “sexual harassment,” and “intentional infliction of emotional distress.”

Even today, sexual harassment still occurs in corporate environments in Philadelphia and throughout the country. If you feel that you have been a victim of sexual harassment, it’s important for you to talk to a Philadelphia injury lawyer right away.

Drunk Driver Sentenced in Deadly 2009 Accident that Killed Pennsylvania Woman

Tue, 31 Jan 2012 11:57:59 -0500

A drunken driver who caused a deadly accident while headed to the Jersey Shore back in 2009 has finally been convicted of and sentenced for her crime. In a court ruling that will hopefully help a grief stricken Philadelphia area family to feel that justice is being served, Tiece Riddick, 35, of Sicklerville PA, has been sentenced to more than 7 years.

Riddick harshly rear-ended the Ford Taurus of driver Darlene Siska while Siska was driving in the right hand lane near Exit 38 in Winslow Township during the day of the accident. Siska’s vehicle spun into another lane, and crashed through the guardrail before running into a wooded area in the median of the highway according to reports.

Siska suffered from injury after the accident, as did her two teenage passengers, her son, Vaughn, 14, and his good friend Tyler Rugg, 14. For Siska’s friend, 53 year old Kathleen Lucus, 44, of Western Pennsylvania, however, the accident proved to be immediately fatal.

Tiece Riddick failed a field sobriety test directly following the motor vehicle accident and was alarmingly, found to have a blood-alcohol level of 0.13 while taking a breathalyzer test more than two hours after the collision.

Riddick has been charged with vehicular homicide, for which was sentenced 7 years by Superior Court Judge Louise Donaldson in Camden, and three counts of assault by auto, to run concurrently, for which she is expected to serve an additional 27 months. At least 85 percent of her sentence must be served because Riddick is eligible for parole.

The family of friends of Kathleen Lucus, who was well known as a role model in her community, continue to grieve the tragic 2009 incident. If your family member has been injured in a drunk driving accident, contact a Philadelphia injury lawyer to see that justice is served for your loved one.

Philadelphia Teen Saves Fellow Students from Bus Accident

Thu, 26 Jan 2012 11:52:25 -0500

One remarkable Philadelphia area teen may have very well saved the life of a about a dozen of her classmates on Tuesday afternoon. Graceann Rumer, a 17-year-old senior at the Calvary Christian Academy in Northeast Philadelphia grabbed the wheel of her school bus and pulled her fellow students to safety after her bus driver collapsed from a heart attack.

“I just realized that there’s no one driving this bus… I need to do something,” Rumer told reporters. Her bus driver Charles Duncan, a 51-year-old Philadelphia area man tragically collapsed and died from the heart attack while behind the wheel of his bus around 3:30 p.m. on Tuesday. With Duncan unconscious and obstructing the brake pedal, Rumer, who had only had her driver’s license for about two weeks before the incident, quickly grabbed the wheel of the moving bus and slowly made a U-turn to change direction and eventually bring it to a steady halt.

Graceann was able to get control of the bus even though Duncan was obstructing the brake pedal. Thinking quickly, she was able to grab the parking lever in order to put the bus in park to fully stop it. Alarmingly, the bus was headed straight for oncoming traffic before Graceann took the wheel to turn it around and would have caused a serious accident.

Not only may Grace have saved her fellow students, but she may have also saved pedestrians and several other motorists who were on the road at the time from suffering debilitating injury as well.

Graceann, who usually drives her own car to and from school for practice these days, has stated that she was simply the licensed driver closest to the front of the bus at the time. Nonetheless, Graceann’s chance decision to take the bus home from school on Tuesday and her quick actions may have been a miracle for many as she undoubtedly prevented what could have been a terrible accident.

Avoid Slip and Fall Injuries this Winter

Tue, 24 Jan 2012 05:00:00 -0500

From “black ice” on roadways, to icy pavements lining many streets, winter can be a particularly dangerous time of year in Philadelphia as well as anywhere in the world. After a snow fall or ice storm, it’s important for properties owners to shovel snow, salt sidewalks, and do whatever it takes to make their property as safe as possible and to prevent slip and fall injuries. Business owners, in particular, have a responsibility to make sure that their premises are reasonably safe for their patrons.

Unfortunately, sometimes negligent mistakes are made. Business owners sometimes fail to sufficiently shovel ice and snow from walkways, parking lots, and other parts of their property while landlords and home owner associations may fail to sufficiently shovel and salt walkways, porches, doorsteps and parking lots.

Sometimes, in haste, some property owners simply blow snow into piles without shoveling it. Not only can these piles leave dangerous patches of ice beneath them, but they can also eventually start to melt and refreeze, pooling water to create more dangerous patches of ice.

Throughout the years, victims of all ages have suffered injury and sometimes even death due to unfortunate slip and fall accidents. While some slip and fall accidents seem to only cause minor injuries at first, even small cuts, scrapes, and bruises should be reported. Internal injury and the long term injury, spinal, and joint issues that could occur as a result of a slip and fall should be of concern.

If you or a loved one has been injured in a slip and fall accident, you should seek medical attention right away, document ground conditions and location of the incident using a cell phone camera, etc.), and contact an expert Philadelphia injury lawyer as soon as possible.

Death Toll Reaches 11 in Costa Concordia Tragedy

Thu, 19 Jan 2012 11:57:18 -0500

The death toll is now at least 11 in the Costa Concordia Cruise Ship tragedy and Prosecutors and the cruise line that owns the Concordia are now saying Capt. Francesco Schettino is to blame for the tragic injuries and losses sustained during the crash. What Carnival Cruises is calling a “highly unusual incident,” is the worst cruise liner accident the world has seen in a long time.

The ship went down after Capt. Francesco Schettino crashed the boat into what he has stated was an uncharted rock. The incident ripped a hole in the Concordia’s hull causing the ship to quickly lean heavily to its starboard side. Reportedly, Schettino immediately boarded a lifeboat without following protocol and working to account for and make an effort to rescue all 4,200 passengers.

Passengers experienced the terrifying drop as the ship quickly shifted and the flat ground they were standing and sitting on suddenly angled to near 180 degrees. Furniture and fixtures of all kinds tumbled alongside them creating further risk of injury.

Although there were fortunately many survivors, 24 passengers still remain missing and unaccounted for. Authorities hope whole-heartedly that they simply fled the scene without alerting anyone. Other passengers who were aboard the ship undoubtedly suffered both physical and emotional injury.

At least two Americans, Gerald and Barbara Heil of Minnesota, are among those who are still known to be missing. Two Philadelphia area newlyweds, Rob and Megan Mauri of Lancaster, who survived the accident and noted that they had to wait nearly 90 minutes before they were allowed to board life boats and by that time, the ship had angled itself so far to one side that many of the life boats were inaccessible.

Philadelphia Residents Mourn Tragic Weekend

Tue, 17 Jan 2012 11:16:04 -0500

Last weekend was unfortunately one of grieving for the families of many Philadelphia area residents. Several teens who ranged from the young ages of 16 through 19 in age were killed after their vehicle was hit by a Buick that police say was traveling north on American street at around 11 p.m. Saturday evening while they were headed south on American Street near Cecil B. Moore. The accident proved fatal for all but three passengers in the teens’ vehicle. The victims, who have been identified as Louis Figueroa, 17, of the Community Academy Charter School on Erie Avenue near J Street, Esteban Santiago, 19, or Hartville Street near Indiana Avenue, and Wilfredo Trevina, were well loved young people who were active in the community and in their schools. The three other passengers who were in the teens’ vehicle at the time of the accident were taken to the hospital and remain with injuries but remain in stable condition.

Another tragic car crash claimed the lives of two Philadelphia women late Sunday evening and caused serious injury to a third woman. The victims have not yet been identified but police say the three women were driving on Kelly Drive which runs along the Schuylkill River near the Strawberry Mansion Bridge when the collision occurred.

According to reports, the car crossed the center line of the road and collided head-on with an oncoming minivan as it was heading north along the scenic Schuylkill around 3 p.m. Sadly, two of the women in the vehicle are thought to have died on impact and were pronounced dead at the scene, the extent of the third woman’s injury is not yet known. Police say the driver of the minivan was taken a Philadelphia area hospital with injuries and is in critical but stable condition. Kelly Drive remained closed for some time following the crash.

New Years Fireworks Injure Hundreds

Thu, 12 Jan 2012 05:00:00 -0500

People all over the world like to ring in the new year with fireworks every January 1st. Although this tradition might be enjoyable to some, it’s important to remember that it’s often harmful to many. While injuries occur as a result of homespun New Year’s fireworks everywhere each year, a particularly large number of individuals in the Philippines suffered injury as a result of this year’s festivities.

In following Chinese tradition, some Filipinos believe that noisy New Year’s fireworks ward off evil and misfortune in the year ahead, it is common to set off powerful types of explosives to ring it in. As a result, many started 2012 off in the hospital instead. Hundreds were injured in fireworks accidents, including many children. According to Philippines news reports, hospital emergency rooms throughout the small country were packed full of people injured by fireworks explosions in the early morning hours of December 31st.

Breaking down injury types, Health Secretary Enrique Ona said that 545 were injured from firecracker blasts and tragically 18 were injured by stray bullets that were fired into the air around the time the clock struck midnight. Believe it or not, Secretary Ona added, the numbers are down from last year. During last month’s celebration, the skies were so flooded with the light of fireworks and their blinding smoggy aftermath that many incoming and outgoing flights from Manila’s main airport had to be delayed.

Interior Secretary Jesse Robredo says that he is willing to consider a proposal for a total ban on firecrackers, just as many states in the US do. Although some types of powerful firecracker are already banned, many Filipinos were arrested for setting them off illegally this year.

As many who live in those states know, bans do not necessarily eradicate holiday firework use, but they may, perhaps lessen the number of injuries caused. Using fireworks illegally, especially in crowded areas like Philadelphia, can cause injury not only to parties directly involved, but to innocent bystanders as well.

Man Injured after Walking into Moving Train

Tue, 10 Jan 2012 08:40:13 -0500

At a busy train station in Philadelphia’s distantly neighboring city, Jersey City, New Jersey, authorities say a man inadvertently walked into a moving train one evening last week. The man, whose ears were reportedly covered with headphones at the time of last week’s railroad accident, is said to have only suffered minor injury from the unusual collision. The man’s head and body made contact with the moving light rail transit train around 8:15 p.m. Friday evening near the intersection of Essex and Van Vorst streets. Police told reporters that they believe the man failed to see or hear the train coming, very likely because of the headphones that he was wearing. No passengers were on the train at the time, and no other injuries have been reported as a result of the accident.

John Durso, Jr. of New Jersey Transit told The Jersey Journal that the man, who remains unidentified, was alert just after the accident and had to be treated at the scene for cuts on his face. He was later taken to the hospital for further evaluation but his condition has not yet been released. Accident victims who seem to only have suffered minor injuries at the scene of an accident are often later transferred to a hospital to ensure that no internal injuries were sustained.

Although individuals should always look out for their own safety in order to avoid injury, railroads have a duty to make their trains and crossing safe including operating the trains in a manner safe for their riders, providing gates, lights and other warning to motorists and pedestrians as well. As a pedestrian, use extreme caution and stay aware of your surroundings while walking around railroad tracks and station platforms. If you have been injured on or around railroad property, contact a Philadelphia injury lawyer.

Woman Killed in Tragic Hit and Run Accident

Thu, 05 Jan 2012 12:32:30 -0500

A tragic deadly hit and run accident took place just minutes away from Center City Philadelphia yesterday in the neighboring city of Wilmington, Delaware. In a strange twist of fate, it turned out the victim had been struck in a hit and run before years ago when she was 33 years of age. During that accident, she lost a leg.

This time victim Edith McFarland was struck not only by one but three vehicles who kept on driving after the accident. Ms. McFarland was just attempting to cross U.S. 13 with some groceries, crossing the highway to the Fairview Inn 1051 S. Market St when the first vehicle struck. She was bringing the groceries home for herself and her granddaughter who lived in a modest motel room across the street. Ms. McFarland, who became very disabled due to the severe injury she sustained in her last accident, was forced to move onto the busy road when the economy took a downturn.

Her destroyed wheelchair made it obvious that Ms. McFarland's wheelchair was struck by a vehicle that was traveling at a fast speed. She was thrown out of the wheelchair and almost instantly killed at the scene. Two other motorists hit Ms. McFarland and her wheelchair again and sadly decided to keep on going. "It's unthinkable to have one vehicle strike this lady in this wheelchair and leave," Shavack said. "But it's almost unconscionable to have three vehicles know that they hit something because of the debris field that was in the roadway and then continue on."

Police are still looking for the drivers of three vehicles that hit Ms. Edith McFarland during the accident around 6:35 p.m. Tuesday. Anyone with information can call 302-834-2620, ext. 278. If you or your loved one has suffered through a tragic accident, call a Philadelphia injury lawyer immediately.

Do Smartphones cause Car Accidents?

Tue, 03 Jan 2012 12:00:54 -0500

Driver distraction has been a problem since cars first graced public roadways in the early 19th century. While roadside distractions like billboards and eating behind the wheel have always been an issue, cell phones have added an entirely new level of danger to drivers. Smartphones, which continue to become more and more sophisticated, now offer more and more ways for drivers to become distracted. Frighteningly, many drivers participate in gaming, texting, and social networking on their smartphones while driving.

Many drivers think "hands-free" systems completely eliminate their chances of being in an accident due to cell phone use, however, drivers can still become auditorily and visually distracted even while keeping their hands on the wheel. Even though many are now using such devices, an alarming new study published in 2011 revealed that smartphones may account for roughly 15-25% of all traffic accidents. The GHSA is therefore urging states to create and enforce laws pertaining to cell phone use while driving

This issue is not limited to teenagers and those who use cell phones for personal and recreational use, but studies also show that many commercial drivers and business employees are forced to constantly use their cell phones for communication in order to fulfill their job responsibilities in today’s demanding and often fast paced work environment.

The GHSA is urging states to create and enforce laws pertaining to cell phone use while driving. Putting new laws in place and enforcing them could help to prevent serious accidents. If you have been injured in a car accident in the Philadelphia area or anywhere in Pennsylvania or New Jersey at the hands of a careless or distracted driver, you may be entitled to compensation. Contact a Philadelphia injury lawyer as soon as possible for a consultation regarding your case.

Beware of Drunk Driver's this New Year's Eve

Thu, 29 Dec 2011 11:01:34 -0500

With New Year’s Eve, one of the biggest celebrations of the year, just days away, it’s important to remember the serious dangers of drinking and driving. In 2009, there were 10,839 fatalities in crashes involving a driver with a BAC of .08 or higher – 32 percent of total traffic fatalities for the year. Sadly, even more are injured in crashes involving drunk drivers. Some victims suffer such severe spinal injuries at the hands of a drunk driver that they are paralyzed for life.

Last summer, a 22-year-old Montana man was charged with negligent vehicular assault, criminal endangerment, and a misdemeanor count of DUI after he drove under the influence and lost control of his pickup truck. The young driver, Mitchell Lane Ralph, had 4 passengers in his pickup truck at the time of the accident. After his truck rolled through an embankment, one of his passengers, a female of just 20 years of age, was ejected from the truck.

While the passenger who was ejected from the vehicle was left with a broken neck, and possible spinal cord injuries, a second female passenger was rushed to the hospital with severe injuries as well. Ralph himself, and the one remaining passenger in the vehicle, a young male, each suffered from minor injuries.

After pleading guilty of driving while intoxicated and admitting to becoming distracted when his car went off the road, Ralph is now free on $40,000 bond. Although this accident occurred in Montana, it is an all too common example of what can happen at the hands of one intoxicated driver. However fortunately, this accident was not fatal while many accidents involving drunk driving are.

Driving under the influence of alcohol often causes a driver to make reckless, erratic, and seriously dangerous decisions while behind the wheel. If your loved one has been injured in an accident caused by an intoxicated driver, contact a Philadelphia injury lawyer right away.

Philadelphia Police Officer Injured during Domestic Disturbance Call

Tue, 27 Dec 2011 12:13:58 -0500

A Philadelphia police officer suffered from injury last week after facilitating the arrest of two alleged criminals in Sanatoga, Pennsylvania. Sanatoga officer James McCue suffered the injury while attempting to make the arrest of Skaeya Dodd, 22, of Sanatoga, and Gregg N. McElveen, 20, of Philadelphia.

McCue had to respond responded to a domestic disturbance call from the Rolling Hills apartments in the early morning hours of December 23rd. The female suspect, Dodd, had been cited for public drunkenness and was also reported to have sustained a facial injury after a drunken fall.

McElveen, Dodd’s male counterpart, who was observed urinating on the side of an unoccupied police cruiser during the incident, had to be detained after he struggled to break free of McCue’s grasp striking him several times with his fists and injuring McCue before fleeing the scene on foot.

McCue eventually caught McElveen and was forced to discharge his Taser, a nonlethal weapon, to prevent further injury. Officer McCue was taken to Pottstown Memorial hospital after sustaining injury on Friday December 23rd, 2011. He was treated and released and is fortunately expected to make a full recovery according to his department Sgt. Timothy Walters.

McElveen was allegedly found to possess seven individually packaged bags of marijuana, three small plastic containers, and four blue pills at the time of his arrest. He has been charged with open lewdness, simple assault, disorderly conduct, possession of drugs, public lewdness, among several other charges and is schedule to be arraigned Friday in magisterial court in Lower Pottsgrove. Dodd has been charged with criminal trespass, and disorderly conduct along with public drunkenness.

"Wrap Rage" causes Injury in Pennsylvania

Thu, 22 Dec 2011 10:58:20 -0500

According to a poll of several Pennsylvania adults, about 17 percent of Pennsylvanians know someone who was suffered injury while opening gifts during a past holiday season. This amazing finding was reported in the 2009 December 5th edition of popular website Science News Daily. The Poll was conducted by the Institute for Good Medicine at the Pennsylvania Medical Society in July of 2009

Several adults in the state of Pennsylvania aged 21 and older were asked “Have you or someone you know ever been injured (such as receiving a cut that required medical attention) while opening the packaging (not gift wrap) of a holiday or birthday gift? When a whopping 17% said yes, researchers were stunned and came to define the phenomena as “wrap rage.”

“Wrap rage” is a term used to describe the rage and frustration involved in opening a tightly and sophisticatedly sealed product package. While consumers, especially gift recipients are often excited and anxious to unleash the product inside the package, they sometimes use rash, unsafe methods of trying to quickly open the product’s box.

Researchers note that the surprisingly common phenomenon isn’t reserved for just Pennsylvanian’s. In fact, 2001 census data suggested that people throughout the United States are twice as likely to suffer from injury from packaging as opposed to a skateboarding or swimming accident.

It is important to remember that, while it is understandable the holiday gifts can be exciting for people of all ages, it’s important to stay calm and play it safe when opening packaging. In other words, avoid “wrap rage.” Try to avoid the use of sharp objects to open packaging, but when they are necessary, be sure to cut away from your body and refrain from using your legs to keep the product stable. Always avoid opening tough-to-open packages around children or in a crowded area, and to play it extra safe, wear protective gloves.

3 Philadelphia Nursing Home Workers Found Not Guilty of Abuse

Tue, 20 Dec 2011 11:33:41 -0500

Three Philadelphia caregivers were in question after being caught on tape allegedly causing injury to and elderly dementia patient. The caregivers, Tyrina Friffin, 22, Ayesha Muhammad, 19 and Samirah Trayham, 22, all of the Philadelphia area worked at the Quadrangle Senior Living Community in Haverford Township Pennsylvania. However, after their day in court on Thursday December 15th with Judge Kevin F. Kelly, each of the workers was found to be not guilty. Although Judge Kelly called the behavior of the three women “wholly inappropriate and repugnant,” he did not find the three women guilty of causing physical or emotional injury to the defendant, 78 year old Lois McCallister.

The family of Ms. McCallister was reportedly shocked by the court’s decision. The three nursing home workers were initially charged of aggravated assault, criminal conspiracy, harassment, and neglect of a care-dependent person after an investigation began in March when McCallister’s family suspected abuse.

The McCallisser family placed a hidden camera in her room in their loved one’s room at Quadrangle and allegedly caught Friffin, Muhammad, and Trayham, mocking, endangering, and treating their 78 year old loved one inappropriately. In April the Department of Public Welfare revoked the operating license of Quadrangle and the three caregivers accused of abuse and inflicting emotional injury were dismissed from their jobs, but The Quadrangle center is now operating again.

Nursing home abuse and nursing home patient injury has been an issue in the Philadelphia area and throughout the country for the last several decades. If your relative has suffered injury due to endangerment from or negligence of others, it is advisable that you contact a Philadelphia injury lawyer immediately to ensure that justice is served for your loved one.

Common Holiday Season Injuries and How to Prevent them

Thu, 15 Dec 2011 10:16:30 -0500

It’s no secret that the holidays can be the most dangerous time of year. Aside from the commonly known reason for this, the increased number of car accidents, there are many other injury types that occur in the Philadelphia area and around the country during the months of November and December. It’s important to try to prevent the following household accidents and injuries as much as possible.

Poisoning by Seasonal Plants - Mistletoe, holly berries, Jerusalem Cherries, and amaryllis are all poisonous when consumed by both humans and their pets. Keep these plants away from pets and children. If you do have them, keep them on a high shelf or another place safe from your little ones who may be tempted to chew on the leaves. When in doubt, keep them out of your household.

Electrocution - Injury by way of electrocution is unfortunately very common around the holiday season. During this time, many inexperienced homeowners tinker around with electrical sockets and extension cords when putting up indoor or outdoor lights. Try to prevent such injuries by using a ground fault interrupter, and when in doubt, hire a professional. Remember that you should never attach more than three strands of lights into an extension cord.

Sledding Accidents – Winter and the holiday season can be a fun time to play outdoors in the snow, but it is so important for both children and adults to take precautions to avoid unnecessary injury. This is true especially participating in sledding activities. Thousands of sledding accidents are reported in the U.S. annually. Never sled too close to somebody else, avoid hills with trees, and always inspect terrain before sledding.

Unfortunately injuries that are inflicted due to the negligence or fault of others can be hard to prevent. Fortunately, Philadelphia Injury Lawyer Edith A. Pearce is on your side if you do become injured. She will help you see that justice is had and that you get the compensation you deserve.