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Archive for the ‘ Court Radio ’ Category

$1.2M Verdict to Trucker Hurt in Crash Caused by Defective Tire

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A truck driver who was injured when a tire tread separated on a gravel truck he was driving in 2010 has been awarded $1.2 million in damages by a state jury in Arkansas following a trial in connection with his product liability lawsuit.

The trucker, Elmer Philpot, now 76, was operating the gravel truck in Arkansas in 2010 “when the tread of his right front tire separated” and caused his truck to crash, according to a Sept. 9 story by Law360. Philpot received leg fractures in the crash and later required hip replacement surgery in connection with the incident, the story reported.

Hankook Tire Co. Ltd., the manufacturer of the tire and the defendant in the case, was ordered by the jury to pay $1.2 million in damages as part of its product liability verdict, the story reported. Hankook was “negligent in its design, testing, construction and manufacture” of the 22.5-inch tire and “failed to inspect the tire or warn of its defects,” Philpot’s attorney said in the trial. The defect that led to the crash “originated at the Hankook plant in South Korea,” the story reported.

Hankook also “had to pay $43,000 after a judge found that it obstructed discovery,” according to court documents, said the report. “In discovery, Hankook originally only turned over documents related to the same model that was on Philpot’s dump truck, and only at the plant where they were manufactured, according to records of an unsuccessful appeal of the $43,000 sanction,” the story reported.

“The judge didn’t buy it, saying that Hankook’s ‘conduct in obstructing discovery has been egregious,’” the story continued.

Additional lawsuits involving more Hankook tire problems are still possible, the plaintiff’s attorneys said, according to Law360.  “These 22.5-inch tires have been coming off around the country,” one of the attorneys said.

The plaintiff was also awarded $1 million in damages for pain and suffering. The case was heard in the Circuit Court of Conway County, Arkansas.

These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in vehicle crashes through no fault of their own due to the actions, inattentiveness 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.

When Winning Matters Most, Call MyPhillyLawyer.

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$2.9M Settlement to Family of Man Killed by Speeding Police Car

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The family of a 50-year-old Connecticut man who was killed in July 2012 when the car he was driving was struck by a police car that was rushing to assist other officers has reached a $2.9 million settlement in the case.

Anthony Mansfield, 50, was killed when a police car driven by a Hartford city police officer smashed into his Chevrolet Cavalier at 12:45 a.m. July 13, 2012, as the police car was beginning to respond to an emergency call, according to a Sept. 12 story by The Hartford Courant.

Mansfield died of his injuries seven days after the crash, the story reported. His car was struck by a Ford Crown Victoria police car driven by Officer Taikwon Dudley at Woodland Street and Albany Avenue in Hartford. The officer was “rushing to assist officers involved in the pursuit of an armed suspect who had sped away from a traffic stop,” the story reported. The officer “was driving 57 mph on Woodland Street and went through a red traffic light when he struck Mansfield’s car,” according to the police. “An investigation found that Dudley turned on his lights and siren seconds before the crash and witnesses told police they did not see Dudley brake for the intersection.”

The officer was found liable for the crash and was charged in October 2012 with negligent homicide with a motor vehicle, reckless driving, traveling unreasonably fast and failure to obey a traffic signal, according to the story. The officer was acquitted of the charges in a May 2015 trial and remains on the Hartford police force.

About $450,000 of the $2.9 million settlement was paid for by the City of Hartford, with the remainder being paid by Travelers Insurance. The case was settled in January 2016 just before it was to go to trial, but the settlement was just recently revealed, the story reported.

These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in vehicle crashes through no fault of their own due to the actions, inattentiveness 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.

When Winning Matters Most, Call MyPhillyLawyer.

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$2M Settlement to Family of Illinois Woman Killed in 2014 Car Crash

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A $2 million settlement has been awarded to the husband and daughter of a 49-year-old Illinois woman who was killed in 2014 when the car she was driving was struck by a pickup truck that crossed the centerline of a highway and slammed into her car.

The woman, Robin Wells, of Mascoutah, Ill., was driving a 2013 Kia Optima northbound on Illinois Route 4 in Mascoutah on Nov. 5, 2014 when her car was hit by a southbound pickup being driven by Don L. Mueller, according to an Aug. 21 story by the Belleville News-Democrat of Belleville, Ill.

Wells died in the crash, which also injured her daughter, Melody, who was riding in the car with her mother, the story reported. Melody Wells, who was 9 years old at the time of the crash, had injuries to her head, neck, chest, abdomen and legs and “continues to suffer tremendous pain, suffering and disfigurement,” the story reported. Melody Wells also has Down Syndrome and received primary care from her mother before the crash.

Robin Wells’ husband, filed a wrongful death lawsuit in June 2015 against the operator of the 2002 Ford F-150 pickup truck and his company, Don Mueller Construction, the story said.

In a police report, “Mueller admitted he might have fallen asleep” while driving just before the crash, the story reported. When the officer asked Mueller what happened, Mueller allegedly said: “It was my fault; I must have dozed off. How are they doing?” the story reported.

No charges or citations were issued against Mueller, according to the report. He suffered seven broken ribs and a fractured hip in the crash, the story said.

The settlement included $1.25 million for Paul Wells and Melody Wells for the wrongful-death claim and $400,000 to the estate of Robin Wells in settlement of the survival-action claim, the story continued. Another $350,000 is being paid to settle the bodily-injury claim of Melody Wells.

These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in vehicle crashes through no fault of their own due to the actions, inattentiveness 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.

When Winning Matters Most, Call MyPhillyLawyer.

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$4.25M Medical Malpractice Settlement to Mother of Stillborn Twins

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A Pennsylvania woman was awarded a $4.25 million medical malpractice settlement from a Lackawanna County hospital after her twin babies were stillborn at delivery due to alleged improper treatment in 2009.

The plaintiff, Jo Ann Page, alleged in her lawsuit against Moses Taylor Hospital that the babies were stillborn because doctors failed to properly treat her for an eclamptic seizure she suffered at 33.4 weeks of her pregnancy, according to a Sept. 1 story by The Legal Intelligencer.

Page’s lawsuit alleged that the hospital and its doctors failed to “properly treat her pre-eclampsia between Dec. 9, 2008, and Feb. 27, 2009, [which] caused the eclamptic seizure she suffered on March 2, 2009.,” the story reported. “The seizure forced her to suffer hypovolemic shock, tachycardia and massive hemorrhaging, and required her to undergo an emergency hysterectomy and removal of her fallopian tube and ovaries,” according to her complaint.

The resulting eclamptic seizure left her, at age 29, unable to conceive children and caused emotional distress, the story reported.

Her lawsuit against the hospital and doctors who provided her prenatal care alleged “negligence in the diagnosis and treatment of her ­pre-eclampsia during her first pregnancy,” the story reported. The settlement came after five years of litigation. Page sought “compensatory damages for her own harm, along with wrongful-death and survival damages on behalf of the twins,” according to the story.

Page will receive 65 percent of the wrongful death and survival funds, while the biological father of the twins, Charles Dottle, will receive 35 percent of the award, the story reported.

The case was heard in the Lackawanna Court of Common Pleas.

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 malpractice and 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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$18.5M Settlement to Motorcyclist Injured in Crash with Dump Truck

Image credit © iStockphoto.com/alexskopje

A 46-year-old Rochester, Wash., motorcyclist who was critically injured in April 2015 when his motorcycle collided with a construction dump truck in the early morning darkness in a highway construction zone has received an $18.5 million settlement to cover his future medical care.

The motorcyclist, Scott Bliss, was riding his motorcycle at 5:20 a.m. on April 17, 2015, on an on-ramp to Interstate 5 in Centralia, Wash., when his vehicle struck a dump truck that was being used in a construction project on the highway, according to an Aug. 24 story in The (Centralia) Chronicle.

Bliss was severely hurt in the crash, suffering a wide range of injuries including brain damage, the story reported. He was treated in hospitals and rehabilitation facilities for a year following the crash.

The dump truck was being operated by Wesley Snelson, a driver for the Scarsella Bros. construction company, which had been hired by the Washington State Department of Transportation (WDOT) as part of the construction project, the story reported. The dump truck, which was operating in a work zone, “made an illegal U-turn, blocking the ramp,” according to the plaintiff’s lawsuit. The truck failed to use a gravel access road to turn around and was allowed to make a U-turn in the on ramp in the dark without a flagger to alert oncoming traffic, the lawsuit continued, according to the story.

Bliss’ legal guardian and partner, Cheryl Aton, sued the WSDOT, the construction company and its driver in June 2015, seeking damages for Bliss’ injuries. Bliss was in a motorized wheelchair at a hearing on the settlement, the story reported. The settlement will be paid through an annuity and a trust to cover Bliss’s daily medical care and other needs following the crash, the story continued.

These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in vehicle crashes through no fault of their own due to the actions, inattentiveness 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.

When Winning Matters Most, Call MyPhillyLawyer.

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$4.5M Settlement to Estate of Philadelphia Man Run Over by Truck

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The family of a 90-year-old Philadelphia man who died two weeks after he was struck and run over by a tractor-trailer in the city’s Northeast in 2014 has reached a $4.5 million settlement with the driver of the vehicle and the company that owned it.

The victim, Martin Lisker, was struck by the truck as it was pulling out of a parking lot on Oxford Avenue on Aug. 15, 2014, knocking him over, crushing his left leg and pulling him down the street, according to an Aug. 19 story by The Legal Intelligencer. The case was heard in the Philadelphia Court of Common Pleas.

Lisker suffered multiple traumatic injuries when he was struck, including multiple bone fractures, and his leg was amputated above his knee after being crushed by the truck, the story reported. One of his fingers also had to be amputated by surgeons due to his injuries. After two weeks of treatment in a hospital, he developed sepsis and died on Aug. 29, 2014, the story reported. His death was due to causes brought on by the accident, according to a plaintiff’s memo in the case.

Lisker remained conscious just after he was struck and was aware of the seriousness of his injuries, the plaintiff’s memo said. His son, Mark Lisker, 57, was with his father when the incident occurred and has since “suffered from flashbacks, nightmares, depression and feelings of guilt and anxiety.”

The truck, which was owned by HBI Inc., was being driven by employee John E. Herrmann when the incident occurred, the story reported. The plaintiffs argued that Herrmann “drove forward without knowing whether anyone was in front of his vehicle, and didn’t sound a horn to warn pedestrians he was going to move,” the story continued. “They said he failed to exercise reasonable care in the situation, and he admitted that he should have asked for a flagman to wave him out of the parking lot.”

Lisker’s wife, Helen Lisker, “suffered the loss of companionship and emotional support and had to give up her independent lifestyle,” according to the plaintiff’s memo. The family’s lawyer said that Lisker was “the person we all want to be if we get to 90,” adding that the victim would have been very happy to “know that his wife was taken care of even after his death.”

These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in vehicle crashes through no fault of their own due to the actions, inattentiveness 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.

When Winning Matters Most, Call MyPhillyLawyer.

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