Archive for the ‘MPL Cases’ Category

Drunk driving was the cause of 11,773 traffic deaths across the United States in 2008, according to the latest available U.S. government statistics.

Drunk drivers, on average, cause the death of another person every 45 minutes in the U.S., according to the group, Mothers Against Drunk Driving (MADD).

So, of course, shouldn’t we make it easier to buy alcoholic beverages so that more people can imbibe and operate a motor vehicle while they are impaired?

That’s apparently the thinking of those brilliant folks at the Pennsylvania Liquor Control Board (PLCB), which recently opened two refrigerated test kiosks in the Harrisburg area last month that dispense wine from PLCB vending machines located inside grocery stores,  according to a story Monday in The Philadelphia Inquirer.

You heard us right – from vending machines. No bartender or on-the-scene human intervention required. The customer makes a selection from behind locked glass doors and uses touchscreen menus to make purchases, the story said. To get the wine, you have to scan your driver’s license and a credit or debit card, then you have to breathe into a breath-test machine on the front of the kiosk that checks your blood-alcohol content (BAC). Anyone with a BAC reading greater than 0.02% can’t make a purchase. If you are under the limit, then buy away!

The whole transaction  will allegedly be monitored via closed-circuit TV remotely by a PLCB employee, according to a press release issued by the agency.  “A Liquor Control Board employee will monitor each transaction from a remote location and confirm that the video of the purchaser matches the purchaser’s ID.”  The machines will only be operational from 9 a.m. to 9 p.m. Monday through Saturday.

Well that all makes us feel more secure.

“On the whole, the program has been very successful, far beyond our expectations,” liquor board chairman Patrick J. “P.J.” Stapleton 3d told the Inquirer. About 1,400 bottles of wine, priced from $6 to $23 a bottle, were sold in the first two weeks of the test program, according to the story. The PLCB estimates that some 100 of these kiosks could eventually be deployed in supermarkets within the commonwealth’s borders.

That’s just fabulous.

No longer is it enough that we have legal State Stores and beer outlets across Pennsylvania where you can buy alcoholic beverages.

Now we have to follow the lead of other states and allow the sale of alcoholic beverages in grocery stores because, damn it, we just can’t get enough alcohol at the spur of the moment wherever we are.

This is lawmaking at its most stupid.

Yes, it may not be as convenient to have to purchase alcoholic beverages within the fixed hours and through the fixed locations of State Stores and beer distributors here, but such is life. The present system does at least give us a fighting chance to better control and ultimately stop the sale of alcoholic beverages to minors and people who might already be drinking or drunk.

Critics of the State Store system have been complaining for years that the hours are inconvenient, that the selections of wines and liquors aren’t up to snuff and that the prices are more expensive compared to private liquor stores in other states. Those complaints have led to many changes in State Stores here in Pennsylvania, from wider selections of wines to Sunday hours in some locations.

Fine, some improvements for the sake of convenience were made.

But that doesn’t mean we have to keep making changes to make it easier and easier to buy booze and wine across our Commonwealth.

Drinking and driving kills people.

Making alcoholic beverages easier to obtain around the clock is not going to help lower that death toll.

Pennsylvania doesn’t need wine kiosks where people can buy alcohol with little more than a credit card, driver’s license and a breath into a machine.

This is a bad idea and could ultimately be a nightmare to enforce.

What about the drunk who buys the booze from the machine, but has a sober pal blow into the BAC mechanism? That’s not possible, says the PLCB?  Right, we buy that.

Without a human being there to prevent such a sale, anything can happen.

At least with a clerk present in a State Store, we have a fighting chance to keep drunks off the road.

At MyPhillyLawyer, where we represent people every week who are tragic victims of horrific accidents and injuries caused by drunk drivers, we say an emphatic “NO” to this wine kiosk trial.

Alcohol is prevalent enough in our society.

We don’t have to keep making it easier to get.

With the warm, lovely weather of summer upon us, it’s a great time to remind drivers that we’re sharing the road with others who aren’t wrapped protectively in vehicle cocoons of steel, plastic and rubber.

Thousands of others are out there on the roads with only two wheels on bicycles and motorcycles and are much more vulnerable to serious injury.

As motorists, we all need to be careful and more aware to protect ourselves from legal liability in the event of an accident involving a two-wheeled vehicle. And if it’s one of us riding a bicycle or motorcycle, then we need to understand our rights and protections as well, to safely operate our vehicles on the roads in a sea of cars and trucks.

Thousands of people are injured or killed in traffic accidents involving motorcycles and bicycles each year in the U.S. You and your loved ones certainly don’t want to become one of those tragic statistics. The monetary losses from those injuries and deaths are also significant and you certainly don’t want to be on the wrong end of any legal judgments in such cases.

As drivers of cars, trucks and SUVs, we always need to remember to watch carefully for smaller, less visible vehicles like bicycles and motorcycles as we drive.

Remember to double-check your blind spots surrounding your vehicle and try to anticipate what bicyclists and motorcyclists are going to do as they cross your path.

Give them extra space when following them because they can stop far more quickly than you can stop your bulky vehicle.

Also give them extra space in case they lose control due to road surface irregularities or mechanical problems.

Bicyclists have unique challenges being seen by other motorists on the roadways due to their much smaller profiles. The Web site BikeSafe.com outlines many typical scenarios in its “How Not To Get Hit By Cars” guide, including motorists who accidentally open their car doors in front of an approaching bicyclist and other drivers who turn right at an intersection in front of a bicyclist.

Bicyclists must remember to use quality lights on their bikes and on their arms or legs when riding at night to be visible to drivers, and to follow the appropriate rules of the road at all times. Not using such safety devices can affect their legal liability in an accident.

Make sure that the bike you are riding is in good condition, fits you properly and always  wear a properly-fitting helmet, according to the National Highway Traffic Safety Administration.

Motorcyclists have similar needs. When operating a motorcycle, you should wear full protective gear including a helmet, jacket, gloves, long pants and boots to protect you in the event of an accident, according to the Motorcycle Safety Foundation (MSF). The MSF also offers excellent rider training programs for beginning motorcyclists as well as advanced classes for expert riders to help build and maintain your survival skills on the roads. All motorcyclists should take advantage of such opportunities.

For operators of both motorcycles and bicycles, one of the best ways to protect yourselves is to ride as though you are invisible to other motorists. Imagine that they can’t or don’t see you and ride defensively to protect yourself at all times.

Always remember that in any contact with a car or SUV, the motorcyclist or bicyclist is at a huge disadvantage and will likely be the loser.

Safety is the responsibility of all of us this summer, from motorists of the four-wheeled kind to motorcyclists and bicyclists.

As you drive this summer, remember to practice safe driving habits by carefully watching for vehicles of all sizes and be sure to maintain adequate following distances. In addition, be sure to use caution around slower-moving vehicles and drive defensively rather than aggressively to help minimize the dangers to yourself and others on the roads.

It’s a good time to be safe however you choose to travel.

A lawsuit or major injury from a collision or crash involving a bicyclist or motorcyclist would turn the joys of summer into a nightmare.

So be careful out there, whether you are driving your car or SUV or if you’re cruising on your bicycle or motorcycle.

And in the event of a mishap, remember that the lawyers here at MyPhillyLawyer are here to help you in every way possible.

With the warm, lovely weather of summer upon us, it’s a great time to remind drivers that we’re sharing the road with others who aren’t wrapped protectively in vehicle cocoons of steel, plastic and rubber.

Thousands of others are out there on the roads with only two wheels on bicycles and motorcycles and are much more vulnerable to serious injury.

As motorists, we all need to be careful and more aware to protect ourselves from legal liability in the event of an accident involving a two-wheeled vehicle. And if it’s one of us riding a bicycle or motorcycle, then we need to understand our rights and protections as well, to safely operate our vehicles on the roads in a sea of cars and trucks.

Thousands of people are injured or killed in traffic accidents involving motorcycles and bicycles each year in the U.S. You and your loved ones certainly don’t want to become one of those tragic statistics. The monetary losses from those injuries and deaths are also significant and you certainly don’t want to be on the wrong end of any legal judgments in such cases.

As drivers of cars, trucks and SUVs, we always need to remember to watch carefully for smaller, less visible vehicles like bicycles and motorcycles as we drive.

Remember to double-check your blind spots surrounding your vehicle and try to anticipate what bicyclists and motorcyclists are going to do as they cross your path.

Give them extra space when following them because they can stop far more quickly than you can stop your bulky vehicle.

Also give them extra space in case they lose control due to road surface irregularities or mechanical problems.

Bicyclists have unique challenges being seen by other motorists on the roadways due to their much smaller profiles. The Web site BikeSafe.com outlines many typical scenarios in its “How Not To Get Hit By Cars” guide, including motorists who accidentally open their car doors in front of an approaching bicyclist and other drivers who turn right at an intersection in front of a bicyclist.

Bicyclists must remember to use quality lights on their bikes and on their arms or legs when riding at night to be visible to drivers, and to follow the appropriate rules of the road at all times. Not using such safety devices can affect their legal liability in an accident.

Make sure that the bike you are riding is in good condition, fits you properly and always  wear a properly-fitting helmet, according to the National Highway Traffic Safety Administration.

Motorcyclists have similar needs. When operating a motorcycle, you should wear full protective gear including a helmet, jacket, gloves, long pants and boots to protect you in the event of an accident, according to the Motorcycle Safety Foundation (MSF). The MSF also offers excellent rider training programs for beginning motorcyclists as well as advanced classes for expert riders to help build and maintain your survival skills on the roads. All motorcyclists should take advantage of such opportunities.

For operators of both motorcycles and bicycles, one of the best ways to protect yourselves is to ride as though you are invisible to other motorists. Imagine that they can’t or don’t see you and ride defensively to protect yourself at all times.

Always remember that in any contact with a car or SUV, the motorcyclist or bicyclist is at a huge disadvantage and will likely be the loser.

Safety is the responsibility of all of us this summer, from motorists of the four-wheeled kind to motorcyclists and bicyclists.

As you drive this summer, remember to practice safe driving habits by carefully watching for vehicles of all sizes and be sure to maintain adequate following distances. In addition, be sure to use caution around slower-moving vehicles and drive defensively rather than aggressively to help minimize the dangers to yourself and others on the roads.

It’s a good time to be safe however you choose to travel.

A lawsuit or major injury from a collision or crash involving a bicyclist or motorcyclist would turn the joys of summer into a nightmare.

So be careful out there, whether you are driving your car or SUV or if you’re cruising on your bicycle or motorcycle.

And in the event of a mishap, remember that the lawyers here at MyPhillyLawyer are here to help you in every way possible.

Patients who have sued in connection with serious injuries from hormone replacement therapies in the last decade just received a potentially promising ruling from the Pennsylvania Superior Court.

In a decision handed down on Dec. 31, 2009 in the case Simon v. Wyeth, the court said that a two-year  statute of limitations that forced the reversal of an earlier $1.5 million damage award for the injured plaintiff should not have been applied, according to a news story earlier this week in The Legal Intelligencer.

The new court ruling in support of the plaintiff is clear, the court said:  the injured patient wouldn’t have had any reason to suspect that her injuries came from the hormone replacement therapy until medical studies came out later, detailing such connections.  Those  links were publicized later in a July 2002  Women’s Health Initiative (WHI)  report from the National Institutes of Health, according to The Legal Intelligencer. The WHI study linked the use of hormone drugs such as estrogen and progestin to an increased risk of breast cancer, the story said.

Driving while texting: proposed Pa. law would levy $100 fine

Tired of seeing drivers texting from cellphones and PDAs while they’re behind the wheel of their cars, minivans and trucks?
So are we, as is every other rational person who doesn’t want to get hurt in a vehicle accident due to someone else’s carelessness.
Well, some good news came out of the Pennsylvania State Senate yesterday – a bill passed the Senate by a 44 to 3 vote to fine drivers $100 if they are caught texting as part of a more serious driving offense, according to a story in The Philadelphia Inquirer. The measure now goes on to the State House for action.
At least that’s a start.
But as good as that is, the fine is still too small at $100. Is that really much of a deterrent?
Will that small amount cause a texting driver to think twice? Is it enough of a deterrent to  protect you and your family as you move around Philly on foot or in your car?
Probably not.
Yes, there are certainly more substantial legal actions that can be taken in the event of such injuries, and those are reasonable alternatives.
But here is a case where real penalties with sharper teeth  — a more substantial fine and even a short jail term — could really take a bite out of the careless behavior of a driver who texts while their vehicle is in motion on our streets. Another good step would be to make the violation a primary offense – so they can be stopped by police and ticketed just for texting while driving.
Those penalties would add needed teeth, and make us all safer.
Back in May, our MyPhillyLawyer.com blog raised this very issue as we commented about the very real dangers of driving while talking or texting on cellphones and PDAs. The City of Philadelphia has been fighting for a tougher ban and even passed its own law previously, but was deterred by the state Legislature, which had rejected a statewide ban on cellphone use while driving. The city’s tougher law was quickly made moot due to threatened losses of millions of dollars in state road funding if the city law remained on the books. It was a losing fight for the city, but a good fight for residents.
Let’s hope the House also passes this latest measure regarding texting while driving, at least, and that both sides make it tougher before sending it on to Gov. Rendell.

A person talking (and especially texting) on his cell phone is as impaired as one who drives while intoxicated. Both impairments are equally dangerous for others on the road and can, and often do, result in catastrophic injuries. We have handled many cases where subpoenaed cell phone records demonstrate that the at-fault drivers were using their phones during the accident. In one such case, we even proved that a local clergy person was using his cell phone at the time that he crashed into our client’s car. The impact was so severe that he caused our client to sustain life threatening injuries that required emergency surgery. This was a prime example of what happens when we take our eyes off the road, for even seconds, to use our cell phone. Recently, there has been a spate of mass transit operators who have caused multiple casualties while texting and driving.

Philadelphia’s valiant City Council took the bull by the horns recently when Pennsylvania’s legislators rejected a statewide ban on hand held cell phone use while driving. That statewide ban had been proposed by a forward thinking young legislator named Josh Shapiro, a Democrat from Montgomery County. Shapiro was willing to take a stance against the cell phone industry that few others were willing to join. Once the statewide ban went down in defeat Philly took matters into its own hands as Mayor Michael Nutter signed a citywide ban on the use of hand held cell phones while behind the wheel. For a thorough review of the proposed new law see my article recently cited in Findlaw.

Unfortunately, it seems Philly may not be able to lead where the state refuses to follow. It is crucial for our state to uphold consistency in its driving laws as people motor across the Commonwealth. And the Commonwealth’s legislators have made that imminently clear, when they recently enacted a law in response to the City’s ban, which essentially deprives Philadelphia of over 90 million dollars in state aid yearly should Philadelphia actually go ahead with the proposed ban. This may cause Philly’s ban to be more of an afterthought than an enforceable law. While I believe that Mayor Nutter and the good folks in City Council have the right idea, for the time being we may simply need to continue relying on the protection provided by trial lawyers, who will continue to subpoena cell phone records in the aftermath of accidents and punish the wrongdoers financially.

Sometimes MyPhillyLawyer accomplishes more than getting fair compensation for our clients or their family.

Recently, we handled a tragic medical malpractice case where a hospital allowed their nursing staff to pull extra shifts where the hospital had openings in their nursing shifts. A nurse with no triage experience signed up to work in the Emergency Department and in fact ended up as that shift’s triage nurse.

With no formal triage training that nurse allowed a 48 year old woman to remain in the registration area without any care whatsoever. The patient stayed in registration for nearly 8 hours until what was a very treatable condition became so serious that the patient seized and eventually died.

While we were instrumental in getting the family millions of dollars in compensation, we also got that hospital to thereafter forbid unqualified nurses from ever again manning the triage station in their emergency department. In effect, MyPhillyLawyer has helped to make that hospital safer for all the other Philadelphians using that hospital’s facilities. These are definitely the rewards of practicing personal injury law in Philadelphia.