Results

MED MAL CASE, $4 MIL

On December 21, a Philadelphia jury awarded more than $4 million to a divorced mother of three who claimed that complications stemming from a gall-bladder removal surgery ultimately forced her to undergo a total hysterectomy.

Mobile Dredging & Pumping Co. has agreed to pay $5.8 million to settle lawsuits filed in the wake of a fire in a Philadelphia steam plant – one brought by the estate of a man who was burned over 96 percent of his body and died 18 hours later, the other by a man who survived burns over 30 percent of his body.

Prior to June 21, 2001, Plaintiff Christine Gallaher then 42, a kindergarten teacher, was experiencing intra-abdominal pain for which she sought treatment with her family doctor.  Mrs. Gallaher’s family doctor diagnosed her with gallbladder stones and referred her to Defendant, Dr. Ledesma, for treatment.  On June 21, 2001, Defendant Dr. Ledesma performed a laparoscopic cholecystectomy at Defendant, Northeastern Hospital.

A Montgomery County jury last week awarded $1.6 million to a telephone service repairman who has been unable to do his job since he slipped and fell down a wet slate staircase in a Conshohocken building eight years ago.
After a weeklong trial before Montgomery County Court of Common Pleas Court Judge Joseph A. Smyth and three hours of deliberation, the 12-member jury found that the defendant, PQ Corp., was negligent and that the negligence had caused the plaintiff’s injuries, lawyers in the case said.

The 35-year old plaintiff alleged that the defendant construction company negligently created an unprotected hole in a Philadelphia street and failed to warn of the condition, causing the plaintiff’s car to drive into the opening.  The plaintiff also contended that the defendant City of Philadelphia failed to ensure that the terms of the construction contract were met.  The defendants conceded liability, but disputed the nature and extent of the damages which the plaintiff claimed to have sustained as a result of the accident.

On March 16, 2006, 59 year old, Olga Magac was driving her 2002 Ford Explorer Southbound on Township Line Road in Limerick Township, Pennsylvania when Philip C. Smith, driving a 1999 Ford F-250 in the Northbound direction of Township Line Road, crossed the center line of the highway causing a head-on collision with Olga Magac.  Mr. Smith was charged with driving under the influence at the scene of the accident.  These charges were later dismissed at the District Justice level.  The truck Mr.

On November 6, 2006, Kathryn Peca, a 26 year old social worker with the Northeast Treatment Center, who, to make additional income, performed babysitting duties, was viciously attacked by a German Shepherd owned by a family for whom she was performing babysitting duties.  The owners of this dog, the Dragoni’s, live in Chester County, Pennsylvania and owned two German Shepherds.  Both German Shepherds were trained guard dogs.  These guard dogs were allowed to roam within the electric fenced area of the Dragoni’s property unless the Dragoni’s were expecting a

On September 11, 2002, at or about 1:00 p.m., 46 year old, Keith Taylor was the front seat passenger in a motor vehicle driven by his cousin, travelling northbound on Route 202, a State Highway in the Buckingham Township section of Bucks County. Keith lived in Doylestown. He and his cousin were travelling to Peddler’s Village to do some shopping. As the vehicle passed the home of Diane and James Levell, a four acre property located on the West side of Route 202, a huge portion of one of the Levell’s Norway Maple trees broke away from the stem and fell.

This action stemmed from a rear end collision which the plaintiff claimed left her with debilitating thoracic outlet syndrome.  The defendant disputed the extent of injuries sustained by the plaintiff as a result of the accident.

VERDICTS
SETTLEMENTS
$157,000 SETTLEMENT FOR VEHICULAR INJURY

KLEIN v. JONES
$157,000 SETTLEMENT

Date of Settlement:        Third-party settlement:  May 2001; UIM settlement:  October 2002

Court Case and Number:    C.P. Delaware, No. 00-8848 (Third-party); C.P. Montgomery, No. 02-16364 (UIM)

Judge:                N/A

REAR END COLLISION

$125,000 VERDICT

Rear end collision – Cervical disc herniation – Cervical radiculopathy – Chronic neck pain – Damages only

Philadelphia County

The plaintiff, a female approximately 38 at the time of the accident, claimed to suffer continuing chronic neck pain as a result of a rear end collision caused by the defendant.  The defendant admitted negligence and the case was tried on damages only.

Brown v. Ayers
$551,000 Verdict

Date of Verdict:        October 16, 2007

Court and Case No.:    C.P. Delaware, 05-51685

Judge:            Kathrynann W. Durham

Type of Action:        Motor vehicle accident

Injuries:        Bruised tibial rubercle; scar on knee; soft-tissue injuries to neck and back

By:  Asher Hawkins of the Law Weekly

Insurance

COMMON POLICY LANGUAGE PROVIDES COVERAGE FOR POST-TRAUMATIC STRESS

The majority of a Superior Court panel has indicated that language common in many auto insurance policies provides coverage to those who suffer post-traumatic stress disorder as a result of motor vehicle accidents – even if those claimants weren’t physically injured in accidents.