Philadelphia Top Injury Lawyer Blog

New Philadelphia Auto Accident Tragedy Ends with Four Dead as Horrified Bystanders Watch

Tue, 31 Aug 2010 13:35:52 -0500

Last week, a horrifying New Philadelphia auto accident unfolded while bystanders watched, helpless to intervene. Although this blog typically reports only on Pennsylvania and Philadelphia personal injury matters, this horrific crash merits some extra attention.

Blow by Blow of a Horror Story

In the middle of the afternoon in Ohio's Stark County, an 83-year-old man named Peter Mingo lost control of his Ford Explorer and started driving chaotically. Other cars veered out of the way to avoid getting hit. One witness, David Mathey, followed the vehicle to track it down and prevent it from hitting someone. Mathey later reported: "I thought, oh my God he is going to kill somebody." Unfortunately, Mathey and the Ohio Highway Patrol could not get to the Explorer in time. The vehicle swerved into the southbound lane on Route 800 and slammed into a Mercury Grand Marquis and then spun off and hit a 2003 Jeep Liberty. All told, the accident resulted in the deaths of four people - Peter Mingo (the driver of the Explorer), 61-year-old Bruce Goudy, 5-year-old Kira Goudy and 8-year-old Alex Goudy.

Mingo's daughter was horrified at the news and reported that her father had been taking nearly two dozen different medications. Possibly, some bad drug interaction made Mingo suddenly lose control of his vehicle and not be able to stop in time.

This Philadelphia personal injury story highlights an important lesson: namely, that normal freeways and streets can turn quickly chaotic and deadly without any advanced warning. Since driving is something that most of us do on a regular basis, we tend to underestimate its risks -- e.g. the dangers associated with driving to the grocery store or dropping our kids off at school. But statistical analyses paint a scarier picture. Even a cursory look at Pennsylvania Department of Transportation and National Highway Traffic and Safety Administration statistics reveal just how dangerous the simple act of driving can be.

The takeaway here is that it is well worth everyone's time to examine systems, tactics and strategies to reduce the number and severity of Philadelphia auto accidents. On a personal standpoint, for instance, you might rethink driving at the most dangerous times - such as Friday and Saturday nights and holidays like the 4th of July, Labor Day and New Year's Eve. You should also eliminate any distractions that could imperil your ability to drive defensively. Most people know not to drive under the influence of alcohol or drugs and to avoid driving when overly fatigued. But few realize that driving while talking or texting on a cell phone can be as hazardous. Indeed, some recent studies - conducted by institutions like Virgina Tech - suggest that driving while texting may be even worse than driving under the influence of alcohol.

If you or a family member got injured in a Philadelphia auto accident, or if you suffered significant property damage, you may need a lawyer to represent you to get you compensated for your wages lost, medical bills, and pain and suffering.

Zoo Accident Sends 4-Year-Old to Hospital: Philadelphia Personal Injury Experts Weigh In

Wed, 25 Aug 2010 13:36:58 -0500

Philadelphia personal injury law aims to protect our most vulnerable citizens from harm inflicted by negligent, careless, and destructive people. A recent Phildelphia auto accident tragedy highlights the degree to which our citizens are vulnerable to random disasters. On that fateful Sunday (August 15th), a 67-year-old woman left the Philadelphia Zoo with a 4-year-old child in her charge. Minutes later, she got into a car crash near Gerard Avenue on 33rd Street. Her vehicle flipped over, ejecting the 4-year-old and causing serious injuries to him. The boy got treated at a children's hospital in Philadelphia after losing consciousness and suffering a fracture to his leg.

This Philadelphia car accident tragedy can give us lessons. The 4-year-old had been at the Philadelphia Zoo, where he saw dangerous animals, such as (one might assume) lions and tigers. People tend to associate encounters with wild animals as dangerous. But in this case, the real danger was something far more mundane - a traffic accident. The takeaway here -- the counterintuitive lesson that this case highlights -- is that we all have certain biases about what constitutes real danger. In particular, we tend to overestimate the dangers of things like unusual encounters with wild animals (although dog attacks and dog bites in Philadelphia are certainly a serious problem). And we simultaneously underestimate the dangers of more mundane activities - activities we do every day - like driving.

So how can we resolve this dissonance? How can we go about our lives in a way that maximizes our safety and minimizes the chance of ever needing the services of a Philadelphia personal injury lawyer?

One obvious answer would be to look at real statistics. Although many of us fear things like getting hit by a lightning or getting attacked by a shark... statistically speaking, these events are very, very unlikely. Instead, we should focus on things like improving our safety behind the wheel and eliminating factors from our diet that contribute to chronic disease (such as refined carbohydrates and sugars).

All that said, if you or a family member has been in a Philadelphia truck or car accident, you likely need solid and immediate legal guidance to develop a strategy for how to get paid back for your medical bills and the time you've missed at work.

Philadelphia Auto Accidents Serve as Staging Ground for Tow Truck Turf War

Wed, 18 Aug 2010 01:24:59 -0500

In the wake of a Philadelphia auto accident, drivers, passengers, and police usually work quickly to take care of injuries, exchange information, and get those who need help to medical facilities ASAP. But in the midst of the frenetic post-accident activity, another drama often takes place on the sidelines -- a tow truck turf war.

Tow truck drivers across the city scramble to respond to Philadelphia auto accidents to tow away damaged cars for profit. Ordinarily, these "wreck chasers," as they are colorfully known, don't intervene much with Philadelphia auto accident injury crashes. But recently, a turf war exploded in a hail of gunfire, blown up cars, and allegations of attempted murder.

Tow Truck Turf War Background

Several weeks ago, in response to police reports of a Philadelphia motor vehicle accident in North Philly, Jose LaTorre Jr. showed up at the scene in his Cadillac Escalade and claimed the right to tow away a broken Dodge Neon. A few minutes later, another tow truck driver from the company Mystical Towing arrived on scene to tow away the Neon. The two tow truck operators got into a war of words - LaTorre Jr. said that he arrived first. The other driver said that, since LaTorre didn't have a truck, he couldn't claim the right to tow the car. Ultimately, LaTorre whipped out a gun and shot the Mystical Towing driver in leg.

Two days later, a suspect torched 13 cars on the lot of Jose LaTorre's company. That same night, someone fired gunshots at John Campbell, the owner of Mystical Towing, and nearly hit Campbell's wife. Campbell told police that he believed a third tow truck company might have been responsible for both the gunfire and for the torching of the cars at the J & Son's lot - Campbell believes this third-party was trying to instigate an even more brutal turf war to clear out the competition.

The tow truck turf war is an ongoing headache for police and local law makers, who want to reassure victims of Philadelphia auto accidents that they will be safe and protected if they need emergency road help. But many local residents are more than a little alarmed. After all, accident victims are particularly vulnerable, afraid, and in need of help - the last thing they need is gunfire drama pulling focus and potentially preventing them from getting care.

Crazy Philadelphia Car Accident Leaves Monk's Cafe in Ruins and Two Drivers in the Hospital

Thu, 12 Aug 2010 14:22:08 -0500

Early Tuesday morning (around 2 a.m.), a horrific Philadelphia car accident shook downtown, as a bus and police car simultaneously crashed into the front of the popular Monk's Cafe on the corner of Spruce Street and 16th.

The Southeastern Pennsylvania Transportation Authority (SEPTA) bus driver and the Delaware River Port Authority (DRPA) police officer both got hurt enough to be sent to the hospital. Fortunately, the patrons of the restaurant were unscathed by the crash. That said, the collision devastated the cafe. Two families who live in the building upstairs from the cafe had to be evacuated. The Red Cross immediately offered help to these families.

And investigation is ongoing. As of this blog posting, investigators do not know what caused the crash. Fortunately, no one got seriously hurt -- both drivers appear to be recuperating nicely at nearby Jefferson Hospital. Officials have said, however, that the DPRA car hit the bus (instead of the other way around). The owner of Monk's Cafe reported to police that he woke when he heard the crash and saw a billowing cloud of dust in his restaurant.

This case starkly illustrates how random and terrifying Philadelphia car accidents can be. They occur unexpectedly in unexpected locations. And even hours or days after they occur, investigators may have a difficult time understanding precisely what went wrong and who was at fault. All of this is to say that, if you or a family member has been in a Philadelphia car, truck, or motorcycle accident -- even one not as dramatic as the collision at Monk's Café -- you may seriously want to consider retaining an attorney to advise you about your rights and to suggest how to most effectively pursue a claim against liable party or parties.

If you are involved in a Philadelphia car accident, your first step should be to get first aid and emergency help. Move your vehicle out of traffic, and get other passengers and victims out of harms way. Collect contact information from people at the scene (including eye witnesses). Be meticulous. Get VIN numbers, insurance information, license numbers, names, contact info, and so forth. If you have a camera handy, take pictures of the accident scene - and of injuries to you or your passengers. Report the incident to the police, but don't discuss "fault" at the scene of the accident.

You may also want to consider consulting with a reputable Southeastern Pennsylvania car accident lawyer to explore your options.

$1.75 Million Verdict for Plaintiff's Estate in Hotly Contested Pennsylvania Medical Malpractice Case

Fri, 06 Aug 2010 20:28:51 -0500

A jury rendered its decision in the Pennsylvania medical malpractice case of Garner v. Girard Medical Center, awarding the estate of a 64-year-old woman injured by physician negligence a sum of $1.75 million, pursuant to the Wrongful Death Act and Survival Act. This preventable tragedy unfolded when health-care workers ignored surgeon orders not to feed Ms. Garner orally following surgery she had to reverse a colostomy. Ms. Garner's caretakers fed her both liquid and solid foods only four days after the surgery concluded.

As a result of her caretakers' dereliction of their duty, Ms. Garner developed a fistula, which in turn led to sepsis (infection), which spread to her whole body. The infection ultimately caused organ failure, which precipitated her death. The plaintiffs also alleged that the medical professionals in charge of Ms. Garner's care failed to take effective action once she developed the complications (i.e. the fistula and the sepsis).

In complicated Pennsylvania medical malpractice cases, like Garner v. Girard Medical Center, a lengthy and detailed investigation may be required to show a chain of "cause-and-effect" leading from physician negligence or carelessness to patient injury. It's not enough simply to assert that a patient got harmed or even killed while being treated at a hospital. Nor is it enough to say that a doctor or other provider was negligent or careless. You need to draw a very clear, detailed, and evidence-backed argument -- one that would convince a reasonable outside adjudicator -- that the error, omission, or negligence indirectly or directly cause significant harm.

In a Philadelphia medical malpractice case like this one, a variety of parties can potentially be held liable, including the responsible caretakers, the hospital, and insurers representing any named defendants. Plaintiffs can seek compensation for medical bills, loss of companionship, loss of current and future wages, burial costs, pain and suffering, and legal and court fees.

Often, in the wake of a Philadelphia medical malpractice incident, the victim of bad care (and the victim's family) may be left confused, demoralized, weakened physically and emotionally, and unsure about how to seek compensation and justice.

If you or a loved one has been victimized by Pennsylvania medical malpractice, you need not suffer alone.

New Jersey Carpenter Awarded $7.9 Mil in Construction Injury Accident

Tue, 27 Jul 2010 10:03:48 -0500

In a settlement approved by Philadelphia Common Please Judge Marlene Lachman earlier this month, a New Jersey carpenter was awarded $7.9 million in compensation for life-altering injuries suffered during a construction accident. Contingencies could push the award up to $8.1 million.

While working on exterior trim during construction of a multi-story residential retirement community in Delaware County, carpenter Victor Tavares fell three stories when a guardrail gave way. The fall left the 46-year-old man paralyzed from the lower back down. Tavares' legs were so severely disfigured in the construction accident that he had to undergo 12 surgeries in attempts to repair the most grievous damage to his limbs.

Philadelphia personal injury attorneys sued a group of defendants for nearly $7.2 million on behalf of Tavares and his family. Two rounds of settlement talks, the second mediated by Judge Lachman, led to a last-minute agreement between the parties just hours before jury selection was scheduled to begin.

Philadelphia personal injury construction accidents are complex to litigate. Construction site activities are managed and populated by myriad parties, including site owners, contractors, subcontractors, material suppliers and workers. When Philadelphia construction accidents occur, more than one party at the site often bears responsibility for conditions, materials or negligence that contributed to the accident.

Sorting out the level of responsibility of each party and coming to terms with each party's insurance carrier is a complicated and lengthy process. Considerable investigation may need to be performed to uncover critical facts about the accident. Industry, medical and accident reconstruction experts may need to be consulted. Insurance companies for each involved party have to be dealt with.

\When serious accidents occur on job sites, Philadelphia construction injury attorneys can pursue the accident victim's right to just compensation, allowing the accident victim to concentrate on recovery.

Erie, Pennsylvania Man's Family Recovers $6.5 mil in Fatal Resort Accident

Tue, 20 Jul 2010 18:05:42 -0500

A popular Jamaican resort has settled a fatal personal injury accident case, agreeing to pay the family of Jarred Smith $6.5 million. Smith of Erie, Pennsylvania was killed in July 2006 while playing on an Aqua Jump water trampoline at the Beaches Sandy Bay hotel in Negril, Jamaica. Smith and his family were at the hotel to attend a wedding.

According to Ceola Smith, the young man's mother, Jarred was jumping on the water trampoline when he dove headfirst into the surrounding water. Although Aqua Jump instructions require 10 feet of water for safe use, the resort had situated the water trampoline in water that was only four to five feet deep. Jarred struck his head on the bottom of the seafloor which rendered him quadriplegic. Unable to move, the young man drowned.

Personal injury attorneys arguing wrongful death on behalf of Jarred's family argued that the resort had been negligent in failing to locate the water trampoline in accordance with safety instructions, failing to provide written instructions to guests concerning safe use of the water trampoline and failing to provide an appropriate flotation device which Jarred's mother believed would have saved her son's life. Attorneys for Sandals Resorts International countered by questioning whether the young man had actually struck his head on the seafloor and arguing that the trampoline was designed defectively.

This case points out the complex arguments involved when serious personal injury accidents occur and responsibility for horrendous injuries or death must be assigned. Striving to decrease their client's liability, attorneys for the resort questioned whether the young man's injuries and subsequent death were indeed caused by his dive off the trampoline. They also sought to defuse liability by charging the maker of the trampoline with defective design.

Personal injury accidents demand experienced and aggressive representation by skilled Philadelphia personal injury attorneys to ensure that personal injury accident victims and their families are compensated for their losses.

Widower Awarded $14 Million in Fatal Motorcycle Accident

Tue, 13 Jul 2010 11:22:42 -0500

A jury awarded a New Jersey man $14.2 million in a motorcycle accident that killed his wife. In April 2007, George Elenbark, 40, and his wife Mary, 44, were cruising on their motorcycle when they collided with a car driven by 21-year-old Steven Evans. Evans, who has been celebrating his 21st birthday, turned directly into the motorcycle's path as he exited the parking lot of Rack's Bar and Grill on Route 30 in Alco, NJ. Evans fled the accident scene but was soon stopped by police. His blood alcohol level registered 0.10.

Both Elenbarks suffered severe personal injuries in the motorcycle accident. George had to undergo six surgeries to repair 13 fractures to his right foot, ankle and leg which were unsuccessful in fully repairing his crushed leg, leaving him partially disabled. Mary's suffered traumatic head injuries in the accident from which she died a week later. Personal injury attorneys for George and his wife's estate sued the drunken driver of the car and the bar and grill that served him alcohol to recover damages.

The New Jersey jury awarded damages for medical bills, damages for George's loss of function, damages for Mary's lost wages as the family's breadwinner and lost household services to her husband and child, and damages for the emotional suffering George was subjected to in witnessing the injury and suffering of his wife.

Because motorcyclists have a reputation for reckless driving and speeding, Philadelphia motorcycle accidents can be challenging to litigate. Experienced Philadelphia personal injury lawyers often call on accident reconstruction experts to demonstrate that the motorcyclist was driving safely and obeying traffic laws. If you are in a motorcycle accident, an expert Philadelphia personal injury attorney can protect your rights and work to obtain the compensation you are entitled to.

Pennsylvania Family Recovers $1.08 Million in Medical Malpractice Suit

Tue, 06 Jul 2010 08:46:18 -0500

In a Pennsylvania medical malpractice suit, the family of a man who died of an esophageal rupture recovered $1.08 million. Michael Scarpa arrived at the Tyler Memorial Hospital emergency room in Wyoming County, Pennsylvania near Scranton with chest pains and severe vomiting. In the ER, the 55-year-old man was tested for infrapulmonary effusion, or fluid in the pulmonary cavity. ER physician Dr. Daniel Costner judged the tests negative and sent Scarpa home. Two days later, Scarpa collapsed and died. After Scarpa's death, investigation found that a second doctor had reviewed Scarpa's test results and believed they did show infrapulmonary effusion. The delayed diagnosis cost Scarpa his life.

Personal injury attorneys for the Scarpa family sued the hospital and doctors on a medical malpractice claim. Attorneys argued that Scarpa might have lived had physicians followed hospital policy on reading x-rays and inquired about Scarpa's previous esophageal surgery.

At the conclusion of the Pennsylvania medical malpractice trial, a jury found for the Scarpa family, awarding them $1.2 million. The court found the hospital and two doctors 90$ liable for Scarpa's death and Scarpa 10% liable for failing to reveal his prior esophageal surgery, reducing the award to $1.08 million.

Patients and their families suffer when doctors and hospitals fail to correctly diagnose diseases or injuries. In Philadelphia's backyard, the Scarpa family lost a father and husband because doctors failed to confer properly, delaying correct diagnosis until it was too late. Philadelphia medical malpractice suits are complex. Success can hang on easily overlooked critical information or testimony by trained medical experts. Philadelphia medical malpractice claims require expert investigation and evaluation by experienced Philadelphia personal injury attorneys who specialize in medical malpractice cases.

Popular Products that Malfunction or Have Harmful Side-Effects

Wed, 30 Jun 2010 09:30:16 -0500

We all buy and use popular products that have been advertised as beneficial, fun or helpful in some way. What happens when the trusted manufacturer is really selling us a defective product that has dangerous and harmful side-effects, or malfunctions in a way that can cause bodily harm?

For example, the anti-smoking drug Chantix, which is made by the pharmaceutical giant Pfizer, has been linked to an increased risk of suicides, suicide attempts, aggressive and unusual behavior. Clearly smokers who are just trying to quit their addiction should not have to pay with all sorts of psychological problems that can result in injury or loss of life for themselves or others.

Women who are taking birth-control pills like Yasmin and Yaz, also produced by pharmaceutical heavy-weight Bayer, may increase the risk of heart attack, stroke, deep vein thrombosis, (DVT), pulmonary embolism (PE), gallbladder disease, death and other serious injuries. When they choose Yasmin they had no idea that they could end up in the hospital.

Outdoor enthusiasts who simply want to go for some off-road adventure could end up under their ATV. If they are riding a Yamaha Rhino, a side-by-side, four-wheel, all-terrain vehicle which has been found to be prone to rollover, even when it is operated safely at reasonable speeds, their outing might not turn out to be a "real picnic". Users have suffered severe and life-threatening injuries when their arms and legs were crushed under the weight of the ATV.

People taking the antibiotic Levaquin might suffer significant pain and disability. The drug which is manufactured by Johnson & Johnson has been associated with side effects that could increase risk of tendon ruptures and permanent damage of the tendon. Talk about "adding insult to injury", the sick person was trying to get better and all of a sudden they can barely walk.

If you suspect that the product you are using has caused you any type of harm, you should be talking to a qualified Philadelphia personal injury attorney about your options.

Philadelphia Flyers' Briere, NY Giants' Jones Suffer Personal Injuries in Separate Car Accidents

Mon, 28 Jun 2010 06:00:00 -0500

Barely a week ago, Philadelphia Flyers playoff hero Danny Briere and his 9-year-old son fortunately escaped serious personal injuries when they were involved in a car-truck accident in New York just north of the Pennsylvania border. Just after midnight, a tired Briere drifted into the truck's lane. His car smashed into the guardrail; the tractor-trailer jackknifed and overturned. Briere sustained injuries to his arm and hand which are not expected to affect his future with the Flyers. His son and the truck driver suffered minor injuries.

The prognosis is considerably less rosy for Giants' rookie safety Chad Jones. A severe personal injury car accident early Friday morning may have cut short his promising NFL career. Jones suffered severe personal injuries when he lost control of his SUV and crashed into a utility pole while in New Orleans for the Giant's training camp. Jones recently signed a 4-year, $2.615 million contract with the Giants.

After being cut out of his car, Jones was transported to Louisiana State University Trauma Center where he remains in "guarded condition" following several hours of surgery to repair his shattered leg. Jones' father told reporters that while the surgery was successful, Jones faces a long and painful rehabilitation. Jones is expected to remain in the hospital for some time due to the severity of his injuries and risk of infection. Jones hopes to regain the use of his leg, but his NFL career is in serious jeopardy. Two passengers in Jones' car suffered minor personal injuries. Police are investigating.

Injuries to sports stars grab the headlines, but serious Philadelphia personal injury car accidents often exact the same high costs -- months of hospitalization and rehabilitation, loss of income and possible life-altering permanent disability. When serious car accidents occur, Philadelphia personal injury lawyers can protect your rights and pursue damage claims to which you may be entitled, allowing accident victims and their families to concentrate on recovery.

Tragic Accident Kills Pennsylvania Teen During Charity Ride

Fri, 25 Jun 2010 09:53:21 -0500

Just 10 days from his destination, John Anczarski's cross-country charity bike marathon ended in tragedy this week. While cycling through New Mexico, an SUV ran the 19-year-old Pennsylvania native off the road near Laguna, New Mexico, about 50 miles west of Albuquerque. Anczarski suffered severe head trauma and other serious personal injuries in the car-bicycle accident. He was transported to the University of New Mexico hospital where he was pronounced dead Tuesday.

An engineering student at the University of Colorado, Anczarski and three friends left Ringtown, Pennsylvania, Anczarski's hometown, on May 23 headed for California. The group was riding in support of Anczarski's ambitious charity project, "The Pink Pedal: Riding Hard to Fight Breast Cancer." Garnering community support along their route, the young men had raised several thousand dollars before the fatal car accident took Anczarski's life.

Anczarski's fellow riders reported that an older man was driving the SUV when the car struck Anczarski. They said the driver did not immediately stop but did return to the crash site. Because the accident occurred on tribal lands owned by the Pueblo Indians, the car accident Investigation has been turned over to the Bureau of Indian Affairs.

A bicycle is no match for a car. Car-bicycle accidents are all too common when such mismatched vehicles share the road. According to the Bicycle Coalition of Greater Philadelphia, an estimated 36,000 Philadelphia commuters bicycle to work at least once a month. Bike traffic is particularly heavy in Philadelphia's Center City and on bridges crossing the Schuylkill. The number of bicycle riders cruising Philadelphia streets has more than tripled over the last decade. With more bikers on the roads during the summer, both cyclists and car drivers need to drive defensively and follow the rules of the road to avoid accidents.

If you are involved in a bicycle-car accident, an experienced Philadelphia personal injury lawyer can ensure that your rights are protected.

Pennsylvania Construction Accident Seriously Injures 2 Natural Gas Workers

Wed, 23 Jun 2010 10:02:33 -0500

Two Pennsylvania natural gas workers suffered serious personal injures and were flown to Robert Packer Hospital in Sayre for treatment following a construction accident at a drilling site in northern Pennsylvania. One worker suffered broken ribs and the other suffered lacerations to his skull caused by a flying piece of metal when a pipe coupling blew apart at a Tioga County natural gas well operated by Ultra Resources. The U.S. Occupational Safety and Health Administration is investigating.

This serious Pennsylvania construction accident comes on the heels of a natural gas well blowout in central Pennsylvania earlier this month. While, fortunately, no one was injured in that construction accident, explosive natural gas and toxic wastewater spewed into the air, polluting nearby land for 16 hours before EOG Resources workers could bring the blowout under control. Safety concerns sparked by the blowout caused Pennsylvania regulators to halt work at 70 other natural gas wells under construction by EOG Resources.

Natural gas drilling is an admittedly hazardous profession which makes adherence to safety standards and practices all that much more vitally important to protect the health and safety of construction workers. As recent incidents illustrate, construction workers face the risk of serious personal injury every time they step on the job site. Companies that fail to protect their workers' safety can be held liable for workers' injuries. Just a few of the many negligent activities that can contribute to Philadelphia construction accidents include:

Inadequate or incompetent supervision
Defective or poorly maintained equipment
Negligent drilling, blasting or tunneling procedures
Unprotected openings
Improper scaffolding procedures
Improper handling of gases or chemicals
Failure to maintain access areas
Insufficient bracing or support of structures

The complexity of Philadelphia construction accident claims requires expert investigation by knowledgeable Philadelphia personal injury lawyers experienced in pursuing construction accident claims.

Jury Awards $2.4 Million in Defective Product Suit Involving Chinese Drywall

Mon, 21 Jun 2010 11:21:43 -0500

In a personal injury product liability verdict that product safety advocates hope will spark government restrictions on defective Chinese drywall, a Florida jury awarded a Miami couple $2.4 million in damages last week. It was the first of what promises to be many product liability suits in Philadelphia and across the nation targeting defective drywall produced in China and sold in the United States. U.S. drywall distributor Banner Supply Co. which supplied the drywall purchased and installed by the Florida couple has been named in thousands of similar product liability lawsuits involving defective Chinese drywall.

According to reports, the Florida couple installed Chinese-manufactured drywall supplied by Banner Supply Co. in their Miami home. Shortly thereafter, the couple was forced to vacate their dream home because of the foul odor and noxious fumes emitted by the drywall. Chinese-manufactured drywall has come under investigation by the Consumer Product Safety Commission (CPSC). Testing at the Lawrence Berkeley National Laboratory in California revealed that some Chinese drywall brands emit as much as 100 times more hydrogen sulfide than U.S.-produced drywall. CPSC investigations of more than 3,300 complaints about Chinese drywall have attributed hydrogen sulfide emissions to corrosion of appliances, air conditioning coils and other metals. The drywall with the highest level of hydrogen sulfide emissions was produced in China four to five years ago.

Thousands of homeowners in Philadelphia and across the country may be affected by the defective drywall. In typical experience, homeowner claims to insurance companies have been denied. Many builders and rehabbers have refused to respond to consumer complaints. Only one Chinese company, Knauf Plasterboard Tinanjin, has even acknowledged U.S. complaints. Frustrated homeowners are turning to Philadelphia personal injury lawyers to assert their product liability claims, recoup their losses and force replacement of this noxious, defective product in their homes.

If you believe you are the victim of defective Chinese drywall, contact a Philadelphia defective product attorney today about your rights.

Philadelphia Area Boy Hit by Bus, Suffers Critical Personal Injuries

Fri, 18 Jun 2010 10:58:19 -0500

In a tragic bus accident Wednesday afternoon, a 6-year-old greater Philadelphia area boy was struck and run over by the school bus that had just dropped him off outside his home. The boy was struck just moments after stepping off the bus. Only a few days of school remained for the first grader at Pickering Valley Elementary School in Upper Uwchlan, Pennsylvania, located slightly northwest of Philadelphia. The young boy suffered severe, life-threatening personal injuries in the bus accident and was flown by helicopter to A.I. DuPont Children's Hospital in Wilmington, Delaware. Following surgery for his injuries, the 6-year-old remains hospitalized in critical condition.

Details of the bus accident are still under investigation, but Upper Uwchlan police Chief John DeMarco told Chester County Daily Local News that he does not expect the bus driver to face criminal charges in the accident. Police said the bus driver was driving at or below the posted 25 mph speed limit. Downingtown Area School District spokeswoman Patricia McGlone characterized the accident as "unavoidable" and told reporters, "We don't believe that the driver was at fault." However, no details concerning the accident or explaining exactly how the young boy was struck and run over have been released to the public.

The distraught bus driver, an employee of Wolfington Bus Co., has been unable to return to her job. The bus involved in the accident has been removed from service pending investigation. The bus company has assigned a veteran relief driver to drive the route until school ends next week and has placed a safety coordinator on board.

A tragedy for all concerned, it is in highly emotional accidents like this one that the highly honed investigative skills of an experienced Philadelphia personal injury attorney can be particularly beneficial in protecting the rights of accident victims and obtaining the largest possible settlement in the fastest possible time.