Fatal Fire in Allentown

Families and community members are reeling this morning after an explosion last night leveled several homes in Allentown, Pennsylvania, leaving two people dead and several others unaccounted for.  CNN reports that two homes were flattened and left burning after the initial explosion, six more were consumed by the resulting fire, and an additional 16 homes were affected by the late night blast.

The cause of the explosion had not yet been confirmed; however, the city’s fire chief Robert Scheirer, said, “We believe it to be a natural gas explosion. We don’t know if the leak was inside the home or out on the street.”  The gas was shut off to stop it from fueling the fire.  Scheirer explained that in the winter fuel lines can freeze and crack, leading to gas leaks.

According to The Morning Call, more than 600 people from the surrounding city blocks and the Gross Towers senior apartment complex, […]

Negligence Alleged in Lawsuit against City in Teen’s Death

In November 2009, a student was killed crossing the dangerous Luten Avenue outside Tottenville High School in Staten Island, New York, reports silive.com. Following the death of the straight-A student, the city installed traffic lights, concrete medians, and other safety devices along the street.

Her mother has filed a wrongful death suit against the NYDOT and the city alleging they failed to have the proper protection in place prior to her daughter’s death despite requests by public officials and the school’s principal for traffic signals.  The senior high school student was crossing the street around 11:30 a.m. when a Nissan, which had stopped to allow her to cross, was rear-ended by another car, pushing it into the victim and pinning her under the rear-tire.

The victim underwent emergency surgery at Staten Island University Hospital, Ocean Breeze, but died six days later.  Her mother contends her daughter did not receive proper medical treatment at the scene of the accident which resulted in her death.  […]

New Hampshire Woman Sues Hospital & Doctors for $5 Million

A woman formerly from New Hampshire is suing two doctors and St. Joseph’s Hospital in Nashua for $5 million alleging they failed to diagnose and treat her bacterial meningitis which left her permanently disabled, reports The Telegraph.

On January 10, 2008, the woman went to the emergency room after suffering for three days with vomiting, headache and fever.  She was treated for an ear infection and sent home.  With worsening symptoms, she returned to the hospital two days later.  The second time she also had hearing loss, altered mental state, and difficulties walking.  Her lawsuit states even though a CT scan and other tests suggested something serious was wrong, the doctor diagnosed her with stress and a sinus infection and sent her home.

She returned to the hospital two more times before she was given a spinal tap which showed she was suffering from two life-threatening conditions.  […]

Suit Filed Against Toyota in Carbon Monoxide Death

The keyless ignition system in a Lexus is being blamed for the carbon monoxide poisoning death of a 79-year-old Queens’ attorney reports the NY Daily News.

In February, 2009, the attorney’s companion parked her car in the garage which was attached to the home they shared and accidentally left the engine running.  The next day she was found unconscious on the bedroom floor and her partner was dead from carbon monoxide poisoning.  She survived, but is unable to walk and has difficulty speaking.

The lawsuit against Toyota cites the auto manufacturer for failing to install a “shutdown” switch in the cars – which can be turned on or off at the touch of a button.  The switch would turn off the engine when the car is unoccupied or not touched for a certain amount of time.

The keyless ignition is a nifty feature, but it can be deadly when the engine continues to run even after the driver leaves the vehicle with the key fob which communicates with the car’s computer.  […]

$20 Million Personal Injury Settlement Sets Records

Freak accident leaves girl permanently injured, distribution company at fault

In what court officials say is the largest settlement in Outagamie County, WI court history, The Post Crescent reports the family of a 4½ year old girl will receive a $20 million settlement.

It was a minor crash, a freak accident, but it caused severe and permanent injuries to the little girl.  In October 2008, a truck driven by a New London well-drilling company ran a red light and crashed into the van in which the little girl was riding.  When the driver used the brakes before hitting the van, several pipes fell from the pipe rack and one smashed through a window in the van, striking the girl in the head.

She is now suffering from blindness, traumatic epilepsy and is functioning on the level of a two-year-old.  She will need 24-hour care the rest of her life. […]

Neurosurgeon Awarded $3 Million for Injury at Medical Center

The Scranton Times Tribune reports a neurosurgeon who suffered a broken leg when he was hit by a hospital bed being pushed down the hall, has been awarded $3.25 million in his personal injury lawsuit against Community Medical Center.

When you are hurt because of someone else’s actions, negligence or reckless behavior, you have suffered a personal injury. And when a personal injury takes place, the responsible person or company that caused the injury should be held accountable. At Munley Law, we understand the complexity of Pennsylvania’s personal injury laws and the challenge of proving negligence, and we can help you get the compensation you deserve.

In February 2005, the doctor was in the operating room reviewing a patient’s chart when he was struck by the bed.  The physician is a diabetic and the trauma he suffered from the broken leg led to an infection, […]

$821,000 Awarded To Family of Elderly Woman Who Wandered From Care Facility

Nursing home found negligent for elderly woman’s death

The family of a 74-year-old woman with dementia who died after wandering from an assisted care living facility in 2007 has been awarded $821,000, reports OregonLive.com.

1.5 million Americans live in nursing homes throughout the country.  Of these, it is estimated that as many as 35,000 die prematurely every year due to negligence, abuse or neglect. The breach of the standard care when directed against our elderly parents by paid givers should be punished severely.  If your elderly loved one has been injured or died while in the care of a nursing home or other healthcare facility, contact our attorneys at Munley Law Personal Injury Attorneys today.

The woman’s skeleton was found in May by a young boy who was searching through blackberry bushes for his lost cat.  Her fully clothed remains were found only one quarter-mile from the care facility. […]

Oklahoma Mother Files $10 Million Wrongful Death Lawsuit Against Prison

The mother of a man from Tecumseh, Oklahoma has filed a $10 million lawsuit against a prison corporation and the state in the death of her son.

Her son and his wife were vacationing in New Mexico when they were killed by two prisoners who had escaped from an Arizona prison.  The lawsuit was filed against the company operating the private prison, Management & Training Corporation of Delaware, and claims the state failed to maintain the inmates and properly train the employees.

Losing a loved due to someone else’s negligence can be difficult to understand. When you are grieving, hurt and worried about the future, it is uncomfortable to talk about insurance claims, wrongful death settlements, and cash awards; however, if someone caused your loved one’s death you should seek the compensation you deserve. At Munley, Munley & Cartwright we represent individuals and families that have lost a loved one or been seriously injured due to the negligence of another. […]

Government Does Not Back Pennsylvania and New York Marcellus Shale Drilling Moratorium

Speaking on behalf of the Obama administration, Brig. Gen. Peter “Duke” DeLuca, the commander of the North Atlantic Division of the Army Corps of Engineers, declined to seek a temporary halt to Marcellus Shale drilling in Pennsylvania and New York.  Rep. Maurice Hinchey (D-N.Y.) wanted DeLuca to use his seat on the Delaware River Basin Commission (DRBC) to advocate for blocking drilling until after a “cumulative impact” study could be done.

Hinchey is seeking $1 million for the DRBC to study the cumulative effects of drilling in the basin, from which 5% of the country’s population gets their drinking water.  DeLuca is not willing to put drilling on hold while waiting for years that it could take to complete the report.

DeLuca said, “the citizens of the basin are counting on the commission to make smart choices that allow for environmental protection to proceed together with economic development.”  […]

Untold Dangers Of Hospital Bedrails

A hospice patient close to the end of his life was found dead in his bed at an assisted living facility on Christmas morning in 2004 – not totally shocking for this 75-year-old man in declining health.  What was shocking was the way he died.  His head was entrapped between his mattress and the bed rail.  The cause of death was asphyxiation.

The family has filed suit against the facility for negligence. The care facility claims it gave proper care to the patient.

Of the 17,000 nursing homes housing 1.5 million elderly and disabled Americans, 5,300 of them were cited for nursing home violations between January 1999 to January 2001.  Close to a third of the charges were “serious enough to cause actual harm to residents or to place the residents in immediate jeopardy of death or serious injury,” according to a congressional report.  […]

Pennsylvania to Vote on Regulation Establishing Cement Type for Marcellus Shale Wells

The Department of Environmental Protection (DEP) will vote on an important regulation that will require Marcellus Shale drillers to use a stronger type of cement inside the casing of the wellbores.  The regulation will be part of the well construction rule that currently regulates the time the cement must be allowed to settle as well as setting limits on how much pressure can be applied to a well.

According to Range Resources, one of the Marcellus Shale drilling companies, the process to fully isolate the wellbore involves inserting multiple heavy steel casings extending from the ground surface to deep into the ground, and fully cemented into the wellbore.  Once the initial wellbore cement has set, the wellbore setting is continued “from the bottom of the previously cemented steel casing to the next depth. This process is repeated using smaller diameter steel casings until the oil and gas bearing rock is reached. […]

DEP Makes Marcellus Shale Production Data Available to Public

The Department of Environmental Protection (DEP) has made production data for Marcellus Shale natural gas wells in the state available on their website.  Under Act 15 of 2010, Marcellus operators are required to report their well production totals from July 1, 2009 to June 30, 2010.  This act overturned previous provisions in the Oil and Gas Act that required production data to be kept confidential for five years.

John Hanger, secretary of DEP, says that by making this information available to the public “a much-criticized layer of secrecy” is removed and the public and government now have “unprecedented access to this information.”

Even though the companies were required to submit the data to the state by August 15, 2010, 18 of the state’s 74 Marcellus Shale operators have not yet complied. Hanger said the department will pursue “whatever enforcement action is necessary to ensure compliance with the law.” […]

Some Pennsylvania Parks Could Become Marcellus Shale Drilling Sites

The Pennsylvania Department of Conservation and Natural Resources (DCNR) manages and maintains close to 120 state parks.  However, Pennsylvania does not own the mineral rights to 80 percent of the land underlying the parks, opening it up to the possibility of the private owners entering into Marcellus Shale lease agreements with gas companies.

Oil and gas companies have already drilled a limited number of wells in some of the state park land in western Pennsylvania.  DCNR cannot impose surface-use agreements on the drilling companies to govern their impact on the surface of the parks, due to a 2009 ruling by the Supreme Court,  and some fear the increased interest in Marcellus Shale in the parks could result in damage to the landscape.

DCNR Secretary John Quigley says that while the threat to the parks is not immediate, “there are a dozen or fewer parks where drillers or seismic testing firms have expressed interest in accessing the surface to get to the Marcellus Shale.” […]

Emergency Services Secured for Marcellus Shale Region

The Pennsylvania Department of Environmental Protection (DEP) has secured the services of CUDD Well Control to provide emergency response services in Pennsylvania in case an emergency arises from any of the Marcellus Shale wells.  DEP has taken this step in response to recent high-profile accidents at natural gas wells in Pennsylvania.

The company will establish a new facility in Canton Township, Bradford County, allowing Cudd’s highly specialized, well-equipped emergency response crew to respond to any natural gas well in Pennsylvania within five hours.

The state will only employ CUDD’s services when needed through emergency contracts on a case-by-case basis.  This process will limit costs to taxpayers to events when CUDD personnel are mobilized.

Our attorneys at Munley, Munley & Cartwright are experienced in worksite accident lawsuits and will evaluate your case and explore all possible sources of recovery. We fight to protect the rights of workers. […]

Marcellus Shale Drilling Goes International

As companies discover how lucrative the Marcellus Shale region has become, more and more are trying to buy a stake to the rights of the mineral-rich property.  Reliance Industries Ltd., India’s largest private-sector company, has just acquired a 60 percent stake in 104,400 Marcellus acres in central and northeastern Pennsylvania.

Reliance, which has already invested $3 billion in the purchase of shale-gas assets in Pennsylvania, believes they could yield close to 3.4 trillion cubic feet of gas.   They also anticipate drilling 1,000 wells in the area over the next decade.

Other international investors include companies from France, Norway and Japan.

If you are a property owner whose property has been harmed by natural gas exploration, talk to an attorney who is experienced in Marcellus Gas drilling issues.  The attorneys at Munley, Munley & Cartwright represent victims who have been injured through no fault of their own, […]

Hazelton City Authority Investigates Drilling Rights

The chairman of the Hazelton City Authority (HCA), Phil Andras, is investigating the process of the Marcellus Shale drilling that could soon be moving into the area.   Andras wants to ensure that they have the mineral rights for the 7,000 acres that the town currently owns, understand the steps needed to preserve the watershed and “spend some time learning more about the process and about the protections with the state and federal (environmental agencies).”

Andras has proposed enforcing a moratorium on Marcellus Shale drilling on HCA land until the drilling companies can prove “with a very high degree of certainty” that their operations are safe and would have no adverse environmental impact.

Another authority member, Dick Ammon agrees with Andras saying, “we want to make sure whatever’s done, we won’t pay a price down the road.”  HCA members have said they are not against drilling, but they do want to ensure their watershed is protected. […]

Over 1,400 Marcellus Shale Drilling Violations in PA

According to a report released by the Pennsylvania Land Trust Association, drillers in the Marcellus Shale region of the Keystone state have amassed 1,435 violations.  The information, based on data between 1/1/2008 and 7/25/2010 from the PA Department of Environmental Protection, identifies 952 of the violations which were judged as having the most potential for direct impact on the environment.

The violations were issued to 43 different drilling companies and included violations such as: Violations of Pennsylvania’s Clean Stream Law, Discharge of Industrial Waste, Improper Construction of Waste Water Impoundments, Inadequate Blowout Prevention, and Improper Construction of Waste Water Impoundments.

Most of the violations, 277 of them, were cited for Improper Erosion & Sediment Plans Developed / Implemented. The report states that Marcellus Shale natural gas well construction requires careful adherence to the implementation of erosion and sediment plans to minimize erosion that could cause harm to the streams and rivers. […]

Pooling May be Forced on Marcellus Shale Area Residents

The Marcellus Shale natural gas industry is lobbying for legislation that would force property owners in the Marcellus Shale region to allow drilling for natural gas on their land if other property owners approve the request but they refuse.  Referred to as “forced pooling,” the pooling order would set forth the terms and conditions of the forced lease, such as compensation for the reluctant property owner.

The purpose of pooling is to group adjoining mineral rights leases to form a larger drilling unit, and according to the industry, results in more economical drilling.  Property owners with mineral rights would lease his or her interest in exchange for a royalty share. In Pennsylvania, the industry wants to add the statute to the severance tax to be adopted by the state.

If you are a property owner and you are opposed to drilling on your property, […]

Pennsylvania DEP Launches the Marcellus Shale Examiner

The Pennsylvania Department of Environmental Protection (DEP) has launched the “Marcellus Shale Examiner,” a weekly e-newsletter to chronicle the latest news on Marcellus Shale activities.  The DEP states, “In the past three years, Pennsylvania has become the epicenter of natural gas exploration with dozens of companies seeking to capitalize on the abundant natural resources in the Marcellus Shale formation. The consequences of this rapidly growing industry affect us all.”

The DEP will use the Examiner to follow the work related to drilling in Pennsylvania the policy makers will be focusing on in the coming months.  The policies will range from enacting a severance tax so large drilling firms pay their fair share, to writing laws that could affect landowners’ rights when it comes to drilling on or under their property.

If you are a property owner whose property has been harmed by natural gas exploration, […]

Natural Gas Company Boosts Production

With the help of the Marcellus Shale natural gas wells, Range Resources boosted their second quarter natural gas production by close to 10 percent.  The gas company based in Fort Worth, Texas, produced an average of 472 million cubic feet of natural gas per day, largely driven by production from the Marcellus shale region.

Range Resources focuses their drilling on “unconventional resource plays targeting shales, coal bed methane and tight oil and gas reservoirs.”  The company began drilling in the Marcellus Shale region, which covers parts of Ohio, Pennsylvania, New York, West Virginia and Virginia, in 2004, and by mid-2009, Range Resources completed their  50thhorizontal well in the Marcellus Shale.  To date, there are 146 wells drilled in the region.

Range Resources estimates that the Marcellus wells are as good as, and potentially better than the production in the North Texas Barnett Shale. […]