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$3 Million Settlement to Woman Severely Hurt in Verizon Truck Crash

As Patricia Pinkerton drove her car and waited at a red light on Feb. 27, 2012 on Garrett Road in Upper Darby, Pa., a Verizon bucket truck slammed into the rear of her vehicle as the truck driver was using his cellphone for work. The rear-end crash caused Pinkerton to suffer a traumatic brain injury and spinal injuries.

To compensate her for her serious injuries, Pinkerton recently was awarded a $3 million settlement from Verizon in the midst of a trial in the Philadelphia Court of Common Pleas, according to an Aug. 12 story in The Legal Intelligencer.

At the time of the crash, Pinkerton was an operating-room nurse who was on her way home after working at Bryn Mawr Hospital, according to the plaintiffs’ pretrial memorandum, the story reported. “Verizon’s truck slammed into Patricia Pinkerton’s car with such force that she was knocked unconscious and had to be rescued by passersby from her car that caught fire,” according to court papers referred to in the story.

Image credit: © iStockphoto.com/creatingmore

After the crash, Pinkerton was diagnosed with a traumatic brain injury in addition to spinal injuries that caused problems with her memory, the paper reported. In addition, when she tried to return to work after the crash, she “found herself handing surgeons the wrong instruments during operations as well as giving out the wrong medications to patients,” the story stated.

The Verizon bucket truck driver, Robert McCollick, said in court papers that he was using his Verizon cellphone just before the crash as he sat in his truck and that he looked down for a moment to get a job ticket number for a repair assignment, the story reported. “When I looked up, I saw the plaintiff’s car in front of me,” he explained in his statement. “I hit my brakes but was unable to avoid striking the plaintiff’s car at a very low speed.”

The crash ended Pinkerton’s 32-year career as a nurse, which Pinkerton argued to the court was caused by “Verizon’s policy of having its employees check the details of daily jobs on their cellphones,” the story reported. “Court papers also noted that McCollick had been reprimanded by Verizon for a prior accident.”

The injuries suffered by Pinkerton in the crash left her unable to continue her work as a nurse and have caused her difficulties with sleeping, eating, dressing herself and remembering to pick up her daughter from school, according to court papers. “Though Verizon has a policy that prohibits the use of cellphones during the operation of its trucks, in conscious disregard for the health, welfare and safety of the community, and Patty Pinkerton, Verizon disregarded that policy and communicated with McCollick on his cellphone while he operated its eight-ton truck,” the court papers continued.

The defense had argued that the victim’s injuries were not necessarily permanent, the story reported. Verizon had offered to settle the case before trial for $200,000 and then for $300,000 on the day of jury selection, one of the victim’s attorneys told The Legal Intelligencer.

The case highlighted the continuing issue of the risks of distracted driving by vehicle operators.

These kinds of injury cases occur every day when innocent victims are hurt or killed in vehicle crashes through no fault of their own due to the actions or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a vehicle incident or accident anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

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How MyPhillyLawyer Can Help Serve Your Family Law Needs

Known for our distinguished work and expertise in the legal fields of personal injury, vehicle accidents, medical malpractice, birth injury, criminal defense and estate planning, MyPhillyLawyer is also now your best source for family law assistance.

In June, MyPhillyLawyer opened its first-ever office in Northeast Philadelphia, far from the bustle of Center City, where our newest attorney, Ms. Irena Shiloh, is working with clients on a wide array of family law cases. Irena, a graduate of Drexel University’s Earle Mack School of Law, received her undergraduate degree in business administration from Institut Franco-Americain de Management in Paris, France.

So what exactly is family law and what does it mean to you and your family?

Irena Shiloh, MyPhillyLawyer's new family law attorney in our Bustleton Avenue offices.

MyPhillyLawyer’s family practice deals predominantly with child custody, divorce, child support, alimony, protection from abuse and petitions for contempt. Custody cases usually involve biological children, but may also involve grandchildren, stepchildren, adoptive children or children to whom a party stands in loco parentis (acting as a parent).

Parties in domestic relations matters are frequently unrepresented, however it is always advisable to have an attorney who genuinely cares about your case and works with you toward long-term results. Just like you are willing to go to a doctor when you have medical issues, you should allow a good lawyer to handle your legal issues.

But why do people need a lawyer in domestic relations cases? What is it that a lawyer can do that a non-lawyer can’t do? There are many aspects of family matters that are complex, require strict knowledge of the laws and experience with the court system. For example, the rules of evidence are so complex that you could damage your case simply by not being familiar with them. Inadmissible evidence against you could end up being admitted solely because you didn’t know you could object – or on which basis to object.

Another prevalent problem is the opposite of the issue described above: you may think you have strong evidence in your favor, but that evidence could actually be inadmissible—meaning, the judge can’t hear it or see it no matter how important it may be for your case. In such a case, a lawyer may find alternative ways to present the evidence in your favor. Next, parties to domestic cases often think that certain evidence should prove their case without fail, when in reality, it works against them and damages their case if introduced.

Another significant mistake people make about evidence is regarding its importance and relevance. Pennsylvania statutes and case law imposes on courts factors and rules that courts must consider in domestic relations cases. That means that your own perception of what’s right and wrong may be correct – subjectively or objectively – but different from how things work in the courtroom. For example, marital assets acquired during the marriage are joint property, even if bought with one party’s income and put in that party’s name.

Furthermore, the bad conduct of either of the parties is irrelevant when it comes to distribution of marital assets. This means if A and B were married for ten years and A was a good spouse who worked very hard to acquire a home, cars and significant savings, while B was unfaithful and not earning any income during the marriage, a court would consider all assets as joint and not inquire into the character of either spouse.

Another example is that courts favor custodial arrangements that promote a child’s relationship with both parents. They try to be objective and keep in mind the best interest of the child rather than punish the “bad guy” and reward the “victim.” Many parties have a problem understanding what really matters in child custody cases. Unfortunately, some judges have the same problem. Some parties are so determined to obstruct their child’s relationship with the other parent that they resort to lies and serious false accusations for personal vendetta. This is where an attorney can help bring the truth to light and expose the false allegations of the other party in a manner that courts understand and accept.

Finally, and probably the most important thing, is that many people who encounter the family court system for the first time think that the judge assigned to their case will review all the evidence carefully, will hear and assess everyone’s testimony and detect lies with the ability of a polygraph. Certainly, the judge must see things clearly and rule in their favor – or so they hope. Judges can’t and don’t review all evidence and they are not polygraph machines. Some judges are more diligent and patient than others. And some are wiser and more experiences than others.

People also often believe that judges are always fair and just. Sadly, this is not always true. Judges come with their own life experiences and judicial experiences. Judges are just people with good and bad qualities that reflect accordingly in their judicial decisions.

Without legal representation, you are likely to make numerous mistakes, highly detrimental to your case. To achieve maximum results, you to bring with you an attorney who is familiar with the Pennsylvania rules of civil procedure, the Pennsylvania rules of evidence, local court rules, the substantive laws (laws on divorce, child support, etc.), and who knows how to present your case before a judge or a master in the most favorable light for you.

Divorce and custody matters can be traumatic for all parties involved, especially for children. It is best to amicably agree on issues such as property division, custody arrangements, spousal or child support. Working amicably toward solutions is always possible but not always imaginable, as most of the time, two divorcing spouses are two people who are very angry at each other. Many attorneys take advantage of this anger to fuel the animosity between the litigating parties, which brings more money to the attorneys, but only prolongs the agony of the clients and drains them financially.

At MyPhillyLawyer, we take domestic relations cases with great care, always considering the long-term effects, especially when children are involved. We want our clients to be happy and maintain good relationships with their children 10, 20 or 40 years down the road.

While in personal injury there is usually a one-time victory, in family matters, our slogan “When Winning Matters Most” continues to take effect long after a hearing is over and a judge has issued an order. We take a holistic approach to your family matters and work with care to insure that your issues are resolved as quickly and painlessly as possible. We frequently encounter opposing parties, and even opposing attorneys, who won’t settle or cooperate. In such cases, where negotiations are fruitless, we aggressively fight to protect your interests and achieve your goals. Each case is unique and we employ creative methods in achieving your goals. We listen and we care about our clients, about their children, about their financial welfare and about easing the distress that necessarily comes with all domestic relations matters.

We here at MyPhillyLawyer stand ready to assist you with your legal case, ranging from personal injuries to vehicle accidents, medical malpractice, birth injuries, criminal defense, estate planning and family law.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

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$4.45 Million Settlement to Family of Man Killed in 10-Story Roof Fall

In June of 2010, Stanley Zarzecki, a 32-year-old cellular network installer, was working one night after a storm on the top of a 10-story building in Philadelphia making upgrades on antennas and related systems. As he worked, he turned to try to communicate with other workers below and plunged from the roof to his death, 10 stories below.

His wife and children will now receive a $4.45 million settlement to resolve a wrongful death lawsuit that his widow filed against the owners of the building and three other defendants, according to an Aug. 5 story in The Legal Intelligencer.

Image credit: © iStockphoto.com/alexskopje

Zarzecki was working atop the building, Walnut Park Plaza at 6250 Walnut Street in Philadelphia, for his employer, Champion Communications, when the incident occurred, the story reported. Champion Communications had been hired by cellular company Clearwire and their general contractor, Excalibur Communications, to help do the upgrade work on Clearwire’s antennas. The building had contracts with cellphone companies Clearwire, Sprint and Cingular to place antennas, dishes and other cell equipment on the building’s rooftop, the story reported.

“Zarzecki had been on top of the building before as part of the overhaul, but had not worked on the building at night,” the story said. “When the Champion workers went onto the roof, they noticed the storm created some damage and had knocked a flagpole onto a fiber cable. The workers didn’t have their radios and so they had to shout to one another across the rooftop to work to get the flagpole moved so they could do their job, according to court documents.”

A short time later, one of the workers saw Zarzecki “stand up as if to yell something to the worker and then fall backward off of the roof, which had no fall protection,” the story reported. The victim died immediately upon impact.

The plaintiffs argued that the building’s owners and property managers should have had fall prevention in place on the roof, according to the story.

Excalibur’s insurer will pay $3 million toward the settlement on behalf of both Excalibur and Clearwire, while Walnut Park Plaza and Equity Management will pay a combined total of $950,000 toward the settlement, the story reported. Walnut Park Plaza’s parent company, Walnut Park Plaza 2003 Limited Partnership, added another $500,000 toward the settlement.

This case and others like it underscore the fact that innocent victims are hurt due to the actions or indifference of others in a wide range of incidents in every kind of situation imaginable. And that’s where having a legal team on your side that uncovers every fact to bolster your case and maximize your damage award is key.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a workplace accident, personal injury or vehicle crash case anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, call MyPhillyLawyer.

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Focusing on Boat Safety in Wake of Recent Boat Crashes, Fatalities

The deaths of two young men in a July 31 boat collision near San Diego, Calif., are the latest tragedies on the waters across our nation. Their deaths follow a July 4 incident in Miami that killed four people when three pleasure boats collided near a Miami marina.

Both incidents are stark reminders to us all of the importance of boating safety on the water so that more people don’t become victims of such tragedies.

In the latest incident, the two men, ages 20 and 21, were killed when two boats collided on the water in the El Capitan Reservoir near lakeside, Calif., according to an Aug. 1 story by CBS 8 news in San Diego.  One of the boats was stationary and was struck by the second boat, which was moving in the water, the story reported. Two people were ejected from each boat. The other occupants survived the impact.

Image credit: © iStockphoto.com/twilightproductions

A fisherman, Todd Holverson, witnessed the crash, according to CBS 8. “They both raised their hands up, to me like it was fun and games or something,” he said. “Then I turned my head and I heard them hit. It shot through the middle and it either launched right through and came over backwards or it hit and turned over and the other boat was destroyed. It was almost in half.”

In the Miami incident, four people were killed and 12 others were injured when three boats collided after a July 4 fireworks show near the Dinner Key Marina in Biscayne Bay, according to a July 6 report by CNN.com. One of the boats struck a second boat and then that one collided with a third boat, CNN reported.

In another July 4 incident, in 2012, three children died in Long Island’s Oyster Bay in New York when a 34-foot-long private yacht capsized after a holiday fireworks show, trapping the children inside the boat’s cabin.

All of these tragic crashes should serve to remind us all of the always-present dangers that lurk in any body of water.

Across the U.S., there were 560 fatalities in boating accidents in 2013, according to U.S. Coast Guard statistics and SafeBoatingCampaign.com. That’s down from 651 fatalities in 2012, according to the statistics.

The U.S. Coast Guard’s Boating Safety Resource Center web site reminds boaters that wearing a life vest is the most important step that boaters can take to ensure their safety on the water.

Boaters should also conduct a safety check of equipment, passengers and all systems before heading out on the water, as well as having completed boating safety courses and emergency information plans, or “float plans.”

You can even take a free, online boat safety course through the Boat U.S. Foundation for Boating Safety & Clean Water.

No want wants to have to endure a tragedy on the water and the best way to prevent such disasters is through good training and knowing the limits of your vessel and the waters you are navigating.

Boating safety begins with all of us.

There is still plenty of summer weather left and we hope that tragedies like the recent incidents around the nation are not repeated.

Accidents can happen anywhere, on the roads, on the water, in the air and on public or private property. Preserving your rights and claims is critical following an accident, so be sure to take steps to protect yourself and your loved ones.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a boating or vehicle incident or accident anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

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Nationwide Insurance to Pay Couple $18 Million in Bad Faith Case

A Pennsylvania judge has ordered Nationwide Insurance to pay an $18 million “bad faith” damage award to a family after the company allegedly had the family’s severely damaged vehicle repaired even after an outside appraisal firm deemed that the vehicle should be replaced for safety.

The plaintiffs, Berks County residents Daniel and Sheryl Berg, “took their damaged 1996 Jeep Grand Cherokee to a facility participating in Nationwide Mutual Insurance Co.’s ‘Blue Ribbon Repair Program,’ where one appraiser told them the vehicle’s frame had been too twisted to fix and recommended that the vehicle be totaled,” according to a July 1 story in The Legal Intelligencer. “The Bergs submitted that the evidence showed Nationwide reversed that appraisal without informing them and ordered the vehicle off to another repair facility, court documents said.”

Instead of initially paying for replacement costs for the damaged Jeep, the story reported, Nationwide “knowingly returned them a vehicle with structural damages despite four months of repairs following a collision and then paid millions to drag out the litigation of their disputed insurance claim, according to court documents.”

Image credit: © iStockphoto.com/nycshooter

The plaintiffs alleged that Nationwide dug its heels in the case and fought it through despite the fact that its legal defense bills far outweighed the costs of simply replacing the Jeep.

Earlier, in the first phase of a bifurcated trial, a jury found Nationwide violated the Unfair Trade Practice and Consumer Protection Law in the case, The Legal Intelligencer reported. Later, Nationwide was granted a motion for a directed verdict on the bad-faith claim because the Blue Ribbon Program is apparently not a part of Nationwide’s auto-insurance policy, but a Superior Court ruling later reversed that decision, the story reported. Eventually, the Bergs were permitted to “argue that the jury’s finding that Nationwide violated the UTPCPL was evidence of the insurer’s bad faith.”

Later, Nationwide allegedly admitted that it spent about $2.5 million fighting the case, rather than replacing the Jeep, the story reported.

“Berks County Court of Common Pleas Judge Jeffrey K. Sprecher said that, by paying its lawyers so much, Nationwide ’screamed to the litigation world that it is ‘a defense-minded carrier in the minds of the plaintiff legal community,’” the story reported. “According to the judge, Nationwide also obstructed discovery in the Berg litigation by refusing to disclose one of its experts’ reports detailing the inadequate repair of the Jeep.”

Also demonstrating bad faith, according to the judge, was Nationwide’s “refusal to purchase and total the Bergs’ Jeep until 28 months after the accident, by which point the Bergs had paid off their lease,” the story reported.

Sprecher also said that had the ill-repaired Jeep ever been sold later to an unsuspecting buyer in such an un-crashworthy state that Nationwide’s “exposure to liability and damages to that innocent third party would have been astronomical,” the story reported.

“The judge issued his verdict, along with a harshly-worded opinion, finding that ‘Nationwide strong-armed its own policyholder rather than negotiating in good faith to compensate plaintiff for the loss suffered in the automobile collision,” the story reported.

Unfortunately, this kind of case in not unusual for victims to have to endure.  Left to their own devices, profit-motive-driven insurance companies often don’t do the right thing. They often don’t live up to their contractual and ethical obligations to pay claims when they are due. Instead, they put their own greedy corporate interests ahead of those of innocent victims.

The judge also ordered Nationwide to pay an additional $3 million in the case for the plaintiff’s legal fees.

Insurance companies exhibit bad faith when they refuse to pay legitimate claims in a timely manner. In the case of an insurance company, an insurer  contracts with a customer through the filing and underwriting of a policy and promises to handle any claims in certain ways, with specific benefits, payments and processes.  If those promises aren’t adhered to and if the company tries to deceive a customer in order to avoid paying legitimate claims, then they are acting in bad faith.  A lawsuit can then be brought against an insurance company for bad faith in handling a claim.

Bad faith is illegal and can cost insurance companies lots of extra damages, as it did in this case.

One lesson to remember in this case is that no insurance company will truly protect and preserve your legal rights. It’s up to your legal team to be sure that you are compensated fairly when someone else hurts you or your loved ones. Choose that legal team wisely to ensure that your family’s interests are well-protected. These kinds of injury cases occur every day when innocent victims are hurt or killed in vehicle crashes through no fault of their own due to the actions or indifference of others.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a vehicle incident or accident anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

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$3.34 Million Med Mal Verdict Awarded to Former Athlete

A 27-year-old man who was scheduled to play professional soccer in Colombia after college has received a $3.34 million medical malpractice verdict from a Philadelphia jury to compensate him after a problematic groin surgery left him unable to pursue his soccer career.

The former athlete, Juan Duque, was injured during surgery in 2009 which left him with perforated bowels, according to a July 11 story in The Legal Intelligencer. The surgery had been undertaken to treat groin pain that he was experiencing, the story reported. Duque was three weeks away from heading to Colombia to play professional soccer when the surgery was performed.

Image credit: © iStockphoto.com/courtneyk

Duque filed a lawsuit against Hahnemann University Hospital and Dr. William C. Meyers after his bowels were perforated during the surgery, the story reported. “The real culprit, Duque’s attorneys argued at trial, was the subsequent use of barium for contrasting during a CT scan to determine why Duque was in so much pain a day after surgery,” according to the story. “That barium, according to court documents, caused significant infection and adhesions and to this day, there remains some barium in Duque’s system. Duque argued barium should never be used when there is the possibility of a perforated bowel.”

At the time of the surgery injury, Duque was attending Davidson College, where he was the captain of the Division I school’s soccer team, the story reported. He ended up seeing Meyers for the groin pain that he was experiencing at the time, the story said.

The perforated bowel he had suffered was not diagnosed when he was discharged on the day of the original surgery, according to The Legal Intelligencer. “Within an hour of going home, Duque had severe abdominal pain and was allegedly told by the hospital to get pain medication from the local pharmacy, according to Duque’s pretrial memorandum.”

The next day, Duque’s pain persisted and another pain medication was prescribed by the doctor, the story reported. Later, he was taken to an emergency room, where his doctor sent a resident to check on the patient. After hearing a report from the medical resident that Duque’s white blood cell count was high, the doctor was concerned that possible bowel perforation had occurred, the story said. The initial resident left for the day, but failed to inform another resident that bowel perforation was a concern, the report continued.

That led to the second resident ordering a CT scan with a barium contrast, which was an incorrect move under the circumstances, the story reported. “Barium contrast is absolutely contraindicated in any patient with a known or suspected bowel perforation,” Duque said in his memorandum. “The reason for this is that if barium leaks into the peritoneal cavity, it causes massive inflammation, severe peritonitis and extensive adhesions.”

Duque’s CT scan “showed the perforated bowel with spillage of bowel contents and barium throughout his system,” the story reported. Meyers then repaired the bowel, and Duque remained in the hospital for 18 days recovering from his injuries, the story reported. He had to undergo “another surgery to remove abscesses in his abdomen and had two drains placed in his back to drain the infected fluid that continued to accumulate around his organs,” the story continued.

Duque tried to get back into soccer after his surgeries, but he had lost 35 pounds and didn’t have the same core strength after having two surgeries that cut through his abdomen, the story reported. He was unable to resume his athletic career and now works as a consultant.

These kinds of cases are a somber reminder that patients and their families must be vigilant about the medical care they receive so they know what is being done for a patient’s care every step of the way. But at the same time, patients and families aren’t doctors and they can’t know every question to ask.

That’s where skilled, expert, compassionate and thorough legal representation is needed by patients and their families who have been harmed by medical errors or omissions during their treatment. These kinds of cases happen on a regular basis, but they can be fought by legal teams that are prepared to battle for their clients’ rights all along the way to a fair settlement or to a just verdict.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a similar medical malpractice, birth injury or related case anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

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Pennsylvania personal injury lawyers at Silvers, Langsam & Weitzman, P.C., represent clients in Philadelphia, Pennsylvania, the surrounding Bucks County, Chester County, Delaware County, and Montgomery County, and cities such as Media, Doylestown, and Norristown. We are also proud to serve South Jersey, including Cherry Hill, in Camden County, New Jersey.

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