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Jan

Three Injured In Southampton Township Central Pennsylvania Car Wreck South of Harrisburg

According to the Chambersburg Public Opinion, three people were injured in a crash on January 24, 2012 on Walnut Bottom Road in Southampton Township. Reports are that Richard Lynch didn’t see Jay Martin of Shippensburg in front of him and rear-ended him near Interstate 81 south of Harrisburg and Carlisle. Martin also had a passenger in his vehicle.

The police believe that Lynch left the scene of the accident but his Pontiac Grand Am was later located at the Shippensburg Walmart. All people involved in the accident sustained injuries.

If you have more information on the accident please contact the Pennsylvania State Police in Chambersburg. For more on the car crash and injuries go to the Public Opinion website at the following link:

http://www.shipnewsnow.com/2012/01/3-injured-in-southampton-township-crash/

Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

Jan

Pennsylvania Man Sentenced in Death of PennDOT Worker

January 26, 2012

A 26-year-old man from Lebanon County, Pennsylvania, was sentenced Wednesday for his part in the death of a Pennsylvania Department of Transportation (PennDOT) worker. According to reports from WGAL 8 News, the man was sentenced to three months in prison and six months of electronic monitoring for hitting a killing a 57-year-old flagger.

The accident happened on a spring day in May of last year when the 26-year-old driver was nearing a construction zone on Gravel Hill Road in East Hanover Township, Pennsylvania. He was driving too fast and swerved to avoid hitting a stopped vehicle. Unfortunately, in the process of swerving, he hit and killed the construction worker directing traffic.

The driver later pled guilty to charges of involuntary manslaughter and recklessly endangering the lives of others.

Road workers face a tremendous amount of risk on-the-job and are categorized as being in the single most dangerous industry in America today. The Bureau of Labor Statistics (BLS) estimates that 844 workers were killed over a seven-year-period at road construction sites. Over that time period, the number of fatalities steadily rose each year from 94 deaths in 1995 to 118 deaths in 2001.

The Pennsylvania construction accident lawyers with Schmidt Kramer Injury Lawyers are here to help if you have been injured in a construction accident while on the job site that was caused at no fault of your own. Contact an experienced attorney today.

Jan

Trial Court Dismisses Punitive Damages Claim – Cell Phone Allegations Too Vague

The Court of Common Pleas in Northampton County issued an opinion on January 11, 2012 by Judge Leonard N. Zito in the case of Xander v. Kiss, CV – 2010 – 11945 (Zito J., North. Co. Jan. 11, 2012). In this Order and Statement of Reasons Judge Zito dismisses a claim for punitive damages when it is alleged the Defendant driver crossed lanes of travel and caused an accident while talking on a cell phone. The claim for punitive damages was pursued under the Restatement (Second) of Torts Section 908. The trial court notes that punitive damages are an extreme remedy available only in the most exceptional of circumstances, Judge Zito rules that the allegations in the Complaint, without more, do not rise to the level of egregiousness required by Pennsylvania law to support such a claim.

The trial court writes that viewing the facts pled in the Complaint in a light most favorable to the plaintiff, it was only alleged by the Plaintiff that the “Defendant simply lost control of his vehicle while speaking on his cellular phone, causing a motor vehicle accident….” He notes that such alleged facts may support a claim of negligence, but the allegations do not arise to a level of an evil motive or reckless indifference to the rights of the plaintiff as required for a punitive damages claim. Without any other facts pled to show recklessness, such as excessive speed or running a red light or stop sign, etc., the court holds that a punitive damages claim is not warranted in this matter.

Accordingly, the defendant’s motion to strike the punitive damages claim is granted.

For a copy of the order feel free to contact Scott Cooper at SchmidtKramer Injury Lawyers.

——————————————————————————–

Jan

Pennsylvania Court Considers Interplay Between Insurance Law And Parental Liability Act For Car Wreck

Attached is a copy of the link to the opinion from the Commonwealth Court of Pennsylvania in a case involving the interplay of the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) and Parental Liability Act (PLA). In Franklin v. Dept. of Transp., — A.3d — (Pa.Cmwlth. Jan. 11, 2012) the Commonwealth Court holds that 1772(a) of the MVFRL cannot be used to suspend the operating privileges of a parent found liable under the PLA for property damage her minor son caused to another person’s vehicle after taking the vehicle without the owner’s permission.

http://www.courts.state.pa.us/OpPosting/Cwealth/out/1385CD11_1-11-12.pdf

Jan

Pennsylvania Legislature Moves On Legislation Which Caps Punitive Damages In Nursing Home Claims – Even For Unlawful Conduct

The Pennsylvania House of Representatives passed a measure, last week, which will cap the punitive damages awarded in nursing home abuse lawsuits. House Bill 1907 now goes to the Pennsylvania Senate where the Senate should be urged not to even consider this unconstitutional, unnecessary, and hurtful measure.

Specifically, the legislation caps punitive damages at 200 percent of compensatory damages awarded in medical negligence lawsuits that name nursing, long-term care, assisted living, and personal care facilities as defendants, even for unlawful conduct. The only exceptions are when a defendant intentionally or knowingly acted negligently.

The sole reason for passing the law is to bolster a nursing home’s profits at the expense of safety. Even more insulting to the elderly and victims is the fact that Pennsylvania’s Governor Corbett is endorsing this measure.

Don’t you agree that this Bill should not see the light of day?

Jan

Reminder – Drive Slowly And With Extra Caution In Snow And Ice

The first measurable snow of this Winter in Harrisburg and Central Pennsylvania saw several car wrecks this past Saturday, January 21, 2012. The Pennsylvania State Police in Chambersburg and Carlisle reported at least eight (8) car accidents, some resulting in injury.

As published in the Chambersburg Public Opinion online they are:

http://www.publicopiniononline.com/ci_19795381

Someone, no name given, driving a 2010 Peterbilt 386 broke a mirror on another vehicle when a piece of ice fell off the Peterbilt as it was driving north on Interstate 81 at 10:40 a.m. Saturday, according to Pennsylvania State Police, Chambersburg.

The ice broke the passenger side rear view mirror of someone, no name given, driving a 2002 Buick Rendezvous, police said.

(Incident No. H03-2092803)

Robert A. Pereschuk Jr., 22, Fayetteville, was driving south on Pa. 997 when he lost control of his 2011 Kia Optima at 5:44 p.m. Saturday, according to Pennsylvania State Police, Chambersburg.

Pereschuk crossed into the north lane of traffic and struck on the east shoulder of the road, police said.

A 7-year-old passenger in the vehicle sustained minor injuries but did not need medical attention, police said.

(Incident No. H06-2092891)

–QUINCY TOWNSHIP

Christina L. Gatton, 38, Waynesboro, was driving north on Pa. 316 when she hit a patch of ice at 10:24 a.m. Saturday, according to Pennsylvania State Police, Chambersburg.

Gatton was unable to maintain control of her 2001 Chevrolet Blazer and began sliding before striking the curb which caused the vehicle to roll onto its passenger side, police said.

(Incident No. H03-2092801)

Krista L. Woodlief, 19, Fayetteville, was driving on Pa. 2007 when she lost control over her 2004 Chevrolet Impala at 6:05 p.m. Saturday, according to Pennsylvania State Police, Chambersburg.

Woodlief went down over an embankment and struck a tree on the west shoulder of the road, police said.

(Incident No. H03-2092894)

–SOUTHAMPTON TOWNSHIP

Someone struck the 1992 Mercury Sable of a 71-year-old Shippensburg man as it was parked in front of his residence at 7:30 p.m. Saturday, according to Pennsylvania State Police, Chambersburg.

(Incident No. H03-2092906)

–MOUNT HOLLY SPRINGS BOROUGH

Naomi B. Brehm, 84, Gardners, was driving south on Baltimore Road when her 2006 Buick Lacrosse slide off the snow covered roadway and landed in a ditch at 7:45 a.m. Saturday, according to Pennsylvania State Police, Carlisle.

(Incident No. H02-2092764)

–SHIPPENSBURG TOWNSHIP

Daniel E. Newsome, 25, Shelby, N.C., was exiting Intestate 81 at mile marker 29 when he lost control of his 2001 Volkswagen Passat at 12:16 a.m. Saturday, according to Pennsylvania State Police, Carlisle.

Newsome spun out of control and struck a guard rail, police said.

(Incident No. H02-2092668)

–SOUTH MIDDLETON TOWNSHIP

Raymond K. Chun, 18, Boiling Springs, was driving north on Fairview Street when he drove off the right side of the road and struck a utility pole with his 1997 Saturn SL at 1:10 p.m. Saturday, according to Pennsylvania State Police, Carlisle.

(Incident No. H02-2092834)

There is still over six (6) weeks left in Winter. Please drive carefully on the roads in Harrisburg, Central Pennsylvania, and around the Commonwealth and county to avoid car accidents and injuries.

Jan

Pennsylvania Progressive Summit To Take Place In Early February

January 19, 2012

One of the nations largest gatherings of progressive thinkers is happening right here in Pennsylvania in three weeks at the PA Progressive Summit 2012. The event will be held February 10-12 at the Pennsylvania Convention Center in downtown Philadelphia.

The event will play host to several guest speakers, including US Senator Daylin Leach, and also, secretary-treasurer of the National Education Association, Democracy for America Chair Jim Dean. Harrisburg attorney, Scott Cooper, with the firm of SchmidtKramer is also slated to speak over the weekend.

Workshops and networking opportunities focusing on topics such as workers rights, healthcare, the environment, as well as budgeting and legislative issues are also on the agenda. Attendees will have the opportunity to participate in up to six different workshops throughout the weekend on topics of their choosing.

Another noteworthy event being held at the Summit is the first debate between candidates for the positions of Pennsylvania Attorney General and Auditor. The AG debate will be held Friday, while the Auditor debate will occur Sunday afternoon.

Registration for the Summit is open to the public and can be done online at a cost of anywhere from $50-$150, depending on how many days you would like to attend.

The Pennsylvania Personal Injury Attorneys with SchmidtKramer Injury Lawyers encourage anyone who is interested in learning more about the hottest topics affecting Pennsylvanians today to consider attending this event.

Jan

Safety Tips For Driving In Snow Squalls To Avoid A Car Wreck And Injuries

A snow squall blew through Harrisburg and much of Central Pennsylvania earlier this morning. When snow squalls hit so suddenly it is always important to remember some of the following safe driving tips. What others do you have to avoid a car wreck and possible injury?

1. Turn on your headlights immediately.

2. Slow down gradually and drive at a safe speed for the conditions.

3. Stay in your lane and increase your following distance.

4. Reduce all distractions so you can give full attention to the road.

5. If you need to stop, only come to a complete stop when you can safely get as far off the road as possible or when there is a safe area to do so.

6. You should not pass a vehicle moving slowly or speed up to get away from a vehicle that is following too closely.

Scott B. Cooper

Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

Jan

Remember To Follow The Rules Of The Road When Riding A Bike In Pennsylvania

Many people forget to always obey the Rules of the Road when riding a bicycle in Pennsylvania. These rules are contained in the Pennsylvania Motor Vehicle Code.

There are two types of bike/car accidents that are more common than others. The first is a when a vehicle going in the opposite direction turns directly into your path. The second is a right hand turn in front of you where the vehicle passes you on the left and makes a right turn directly into your path.

Always call the police following a bicycle accident, if for no other reason than to recover for the damage to your bicycle; it could end up being your biggest single loss.

Always go for a physical exam following an accident. Many times, aches and pains do not show up until days after the accident.

In Pennsylvania, your medical bills will be paid by the first-party coverage under your automobile insurance. In Pennsylvania, all automobile insurance owners are required to buy a minimum of $5,000 in medical coverage. If you do not own an automobile, then you may be eligible to collect medical benefits from the policy of the driver that hit you. Once your automobile insurance medical limits are exhausted, then the next level would be your private health insurance.

Also realize that insurance claims adjusters typically are not as knowledgeable about bikes as you are, so when you are in an accident and expecting to file a claim for your damaged bike, make sure that you have more than enough information to get fair value for it. You may have to educate your adjuster on how much your bike is really worth. Try services such as Craigslist to get an idea of the value range for your bike. If the bike is one that is not commonly sold, go to your bike shop and talk to the owner.

Always wear your helmet and be safe!

If you have been injured in a car wreck or accident involving a car and bicycle in Central Pennsylvania or anywhere else in Pennsylvania contact Chuck Schmidt and Gerry Kramer at SchmidtKramer Injury lawyers.

Jan

Police Investigating Car Crash Fatality On Icy Road North Of Harrisburg

According to the Pottsville Republican Herald, one person was killed and another injured in a car accident last night on an icy stretch of Route 901 in Northumberlad County. According to the initial reports, the accident occurred around 8:30 p.m. when a green Ford pickup truck went out of control and rolled over a guardrail. At least one person was ejected from the vehicle.

There is at least one witness to the accident. If you have more information on the car accident please call the police. the accident occurred on Route 901. This is between Ranshaw and Excelsior in Northumberland County.

For more on the Central Pennsylvania auto accident go to the Pottsville Republican Herald website below:

http://republicanherald.com/news/woman-killed-in-901-crash-1.1258509

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