Damages

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Woman Who Lost Arm To Receive $8.8 Million

In 2004, a 16-year-old girl got the pocket of her coat caught on a bolt protruding from the drive shaft of an auger-like post-hole digger operated by her stepfather.  Her arm wrapped around the auger resulting in the loss of her arm.

A New York jury hearing the case in State Supreme Court decided the manufacturer of the digger, Ford New Holland (now known as Case New Holland) sold a defective product and awarded the now 21-year-old girl $8.8 million.  The jury placed 35% of the blame on Case New Holland and 30% each on Peter A Smith, the owner of the digger and the person who loaned the digger to the stepfather, and on SMC Corp. from Sioux Fall, S.D., the company who assembled the digger.

The bolt that caught on the girl’s coat was supposed to be covered by a shield, but the shield broke and was removed by Smith, […]

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Car Crashes into a Home in Georgia

Woman arrested for driving with a suspended license and not obeying seatbelt laws

Three Go To Hospital Following 4-Car Crash In California

Just before 3pm on Tuesday a Toyota Tacoma pickup truck rear-ended a van, went through a chain-link fence then down a 15-20 foot embankment onto the freeway.  The Toyota then struck the post of a speed limit sign and continued across the northbound lane of highway 49 into the path of a 1968 Jeep, catapulting the Jeep which eventually stopped across both northbound lanes.  The driver of the Jeep was flown to Sutter Roseville Medical Center with moderate injuries, reports The Union.com. The other drivers suffered minor injuries.

Montana Man Killed In One Car Rollover Accident Was Not Wearing a Seatbelt

A 34-year-old Great Falls man was killed Monday in a single car rollover accident near mile marker 6 on the Vaughn South Frontage Road, […]

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$1.36 Million Award Over Asbestos in Cigarette Filters

Man develops asbestos-related cancer from “healthier” cigarette filters produced in the 50’s

In a rare victory against the Lorillard Company and its “Micronite” cigarette filters, a San Francisco jury has awarded $1.36 million to an ex-smoker who claims he developed a form of cancer from the filters on Kent cigarettes in the 50s, reports FairWarning.

Lorillard produced its “Micronite” filter for Kent cigarettes from 1952 to 1956 claiming it was the “greatest health protection in cigarette history” because it removed more tar and nicotine than the competitor’s filters.  It was later disclosed the Micronite tip contained highly toxic crocidolite – “African blue” – asbestos.

The 73-year-old terminally ill man was diagnosed with mesothelioma, an asbestos-related cancer, in 2009 and had a lung removed last year.  The jury found he smoked Kents when they had the Micronite filter containing asbestos in the 50s and that both Lorillard and Hollingsworth & […]

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One Dead After Car Crashes Into Chicago Church

Late-night car crash into church kills one and sends two to the emergency room

One Dead After Car Crashes Into Chicago Church

NBC Chicago reports a 22-year-old is dead and two other people are injured following a two car crash around 3:00 a.m. on the 1900 block of West Washington Blvd on the city’s Near West Side Sunday morning.  The 22-year-old was pronounced dead at the scene and two others were taken to the hospital in good condition.

Paul Smiths College Student Killed In Adirondacks Car Accident

A 19-year-old student lost control of his 2002 Saturn sedan on Route 86 in Ray Brook, N.Y. on Sunday morning and slid into the path of an oncoming 2010 Honda CRV driven by a 57-year-old male.  The student was pronounced dead at the scene and the passenger of the Honda suffered multiple fractures, […]

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Car Accident Round-Up – Alcohol a Factor in Serious Ohio Car Accident

Plans to improve education of dangers of drinking and driving underway

Three Injured in 5 Car Accident on California Freeway

The Los Angeles Times reports that three people were injured, one seriously, in a 5 car accident on southbound 101 near Los Angeles.  One of the victims had to be extricated from the vehicle.  The cause of the accident, that shut down the freeway for over an hour on Sunday, is still being investigated.

Train/Car Collide in Durham, North Carolina

A CSX freight train collided with a Toyota Camry around 10:30a.m. Thursday after the driver of the car drove around the lowered crossing arm. The woman escaped injury when the train struck the front corner panel of the car.  The accident occurred at NC. 54 near N.C. 55 in Durham, North Carolina.  The accident is under investigation.

Costa Mesa Car Accident Injures Two

In a Thursday morning car crash in Costa Mesa, […]

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Car Accident Round-Up – Infant Dies in Tragic Car Accident

Child got out of the house and was hit by family member moving the car

Michigan Teen In Critical Condition Following Accident

SouthBendTribune.com reports a 17-year-old Paw Paw female is in critical condition with life threatening injuries after losing control of her car and being ejected from the vehicle when she crossed the center line into oncoming traffic.  The 44-year-old driver of the car that collided with the teen’s car suffered significantly minimized injuries due to the use of his seat belt.

Florida Woman Pinned In Car After Accident

A two-car accident around 7 p.m. Thursday shut down State Road 82 in Lehigh Acres, reports 2RSWFlorida.  The accident left one woman pinned in a vehicle for over 30 minutes as firefighters used the Jaws of Life to free her.  Eventually they had to use a tow truck to pull the two vehicles apart in order to free the woman.  […]

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Car Accident Round-up — Cell Phone/Text Messaging Implicated In S.C Teen’s Death

Distracted driving is a leading cause of car accidents in the United States

Cell Phone/Text Messaging Involved In S.C Teen’s Death

South Carolina State troopers say a high school senior was killed when her Honda Accord crossed the center lane and hit the rear tires of a log truck’s trailer which was traveling in the opposite direction. The accident happened in Beaufort County. Witnesses say the student appeared to be looking down at the time of the accident and information retrieved from her phone shows she was reading and sending text messages while driving home from school. She had read a text less than a minute before the first 911 call was made, reports WITN.com.

One Dead and One Injured In Fiery Salt Lake City Crash

It is not yet know if a woman died from her injuries after her Mazda sedan hit a pickup truck in downtown Salt Lake City or if she died from the flames when her car caught fire after the impact, […]

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Car Accident Round-Up — Two SC Students Killed in Head-On Wreck

Nissan Pathfinder hits car head-on attempting to pass on the highway; kills both passengers in tragic accident

Two Charleston Students Killed In Car Accident

Two Charleston students are dead after a car accident Dec. 29 night in Aiken county, SC. Officials say 22-year-old Katie Scott and 24-year-old Alexander Bush died from injuries in the crash, according to news reports. Aiken County Coroner Tim Carlton says a Pathfinder driven by another South Carolina motorist hit the couple head-on as he tried to pass a car on Highway 302.

Two Massachusetts Drivers Killed in Head-On Accident

Two women were killed in a two-car accident Thursday night in Westport, MA, according to a news site. The Massachusetts State Police determined the driver of a Hyundai SUV drove the wrong way on Route 88 and struck a Toyota pickup head-on.  Drivers of both vehicles were killed, […]

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Car Accident Round-up — A Car Crashes At President Bush’s Texas Home

Bush family was home but not in danger

Car Crashes Onto Lawn At President Bush’s Home In Texas

A man who was visiting one of President Bush’s neighbors crashed into the front lawn of the president’s residence, reported abcNEWS/U.S. A Secret Service spokesman said the driver was questioned and released. The Bushes were home but never in danger.

Teenager Dies In Car Accident In California

A 19-year-old was the victim of a car accident this week in Sacramento County after she pulled her car into the path of a pickup truck, reported The Sacramento Bee. Tavernor Road has stop signs in both directions at Clay Station Road where the accident happened. At this time it was unclear if she stopped and then entered the intersection or if she slowed and rolled into the intersection.

Florida Restaurant Closes Temporarily Following Car Accident

Examiner.com reports the “Two Blondes and a Shrimp” restaurant in downtown Sanford was closed after a small blue sedan jumped onto the sidewalk and came to a stop when it ran into the restaurant after hitting several other buildings. […]

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Top Trial Lawyers Share Their Winning Strategies

Attorneys Marion Munley and Matt Cartwright attended the American Association for Justice’s annual Weekend with the Stars in New York City December  9-11, where they joined with the nation’s preeminent trial lawyers, sharing winning strategies and techniques.

This year’s Weekend with the Stars “kicked-off” with a seminar devoted entirely to the DePuy Hip Implant Recall. This past August, DePuy Orthopedics, Inc. (A subsidiary of Johnson & Johnson) recalled the ASR Hip Resurfacing and the ASR XL Acetabular Systems, which came on the market in July 2003.

About 93,000 of the medical devices have been recalled due to increased rates of failure and elevated levels of cobalt and chromium, which leads to metallosis. It is estimated that one in 8 patients who received one of these DuPuy hip implants may need revision or a second hip replacement surgery.

Contact Our PA Car Accident Lawyers Today! […]

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Preliminary Truck Crash Data For 2009 Released

Preliminary statistics on 2009 tractor trailer crashes have just been released. The Large Truck and Bus Crash Facts: Early Release is based on crash data from the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA), as well as preliminary total vehicle miles traveled (VMT) data from the Federal Highway Administration.

Among the highlights:

• Of the 286,000 police-reported crashes involving large trucks in 2009, 2,987 (1 percent) resulted in at least one fatality, and 51,000 (18 percent) resulted in at least one nonfatal injury.

• Single-vehicle crashes made up 20 percent of all fatal crashes, 16 percent of all injury crashes, and 35 percent of all property damage only crashes involving large trucks.

• Almost two-thirds (64 percent) of all fatal crashes involving large trucks occurred on rural roads, and just over one-fourth (26 percent) occurred on rural and urban Interstate highways. […]

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Car Accident Round-Up — Seven Injured In 3-Car Wreck In South Carolina

Car accidents around the country

WCSC TV in Charleston, South Carolina reports a 1995 Nissan with five passengers hit a 2006 Nissan which was waiting for another car to turn left, shortly before 6 p.m. in Moncks Corner on U.S. 17 near Old Gilliard Road Wednesday night. The 2006 Nissan then hit a Ford large passenger van which had stopped in front of it. Seven people, most of them teenagers, were taken to hospital, but none had life-threatening injuries.

“Coughing Fit” Causes Power Outage In Tallahassee

Fallschase shopping plaza suffered a power blackout this week when a driver lost control of his car and tore through some power lines, reports WCTV in Tallahassee. According to the report, the driver of the Lincoln Navigator, he had a coughing fit and ran off Buck Lake Road and flipped onto the service road for the shopping plaza. […]

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Car Accident Round-Up — Car Crashes Into Mississippi Salon

No injuries sustained in salon car accident

Car Crashes Into Salon In Mississippi

Salon Lefleur in Jackson was surprised when a woman drove her car into the building early Thursday morning, reports clarionledger.com. There were no injuries, but the salon and a restaurant next door were damaged. The woman was driving toward the salon when her foot slipped off the brake and the front of her car crashed into the wall separating the salon and restaurant.

California Woman Killed In Early Morning Crash On I-880

An early morning crash in San Leandro has taken the life of a 40-year-old- Oakley woman reports the Oakland Tribune. The woman lost control of her 2010 Subaru in the early morning hours and veered into the center median, then the shoulder of the freeway – hitting barrels and finally coming to a stop perpendicular to traffic. […]

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Driver Dies In Crash – Widow Sues Business For Serving Too Much Alcohol

Pennsylvania’s The Times Tribune reports the widow of a 29-year-old man killed in a one-car accident in February has filed a wrongful death lawsuit alleging businesses over-served her husband alcohol.

The suit was has been filed against Valley Bowling Lanes Inc., Champion’s Lounge, Inc., and Bowl Credit, Inc., Carbondale Twp; and Chico’s Lounge Inc., Mayfield and alleges the businesses should have known her husband was intoxicated and unable to drive home the night of his accident.  It states the businesses’ bartenders, bouncers and/or managers failed to fulfill their responsibilities.

A minor son is also named as a plaintiff in the lawsuit which is seeking more than $50,000 plus interest and other court costs in addition to punitive damages.

The Scranton, Pennsylvania attorneys of Munley Law Personal Injury Attorneys have years of experience representing the survivors of wrongful death victims.   […]

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Car Accident Round-Up — All Is Not ‘OK’ When Text Messaging Before Car Wreck

Distracted driving including text messaging is a leading cause of car accidents

Homeless Man Dead After Thanksgiving Accident With Jackie Autry’s Car

The widow of former Angels owner Gene Autry says the Thanksgiving night event which left a homeless man dead was an accident, reports the Los Angeles Times. She was driving home from a Thanksgiving dinner and traveling about 25 mph when she hit a man who crossed the street with no lights and wearing black clothes. She called 911 but the man died about an hour later, the paper reported.

Forty Plus Car Accidents In Delaware County Due To Winter Weather

Wednesday’s brutal weather, which followed months of above average temperatures, brought over 40 car accident reports to police departments in Delaware County, reports the starpress.com.  Injuries, roll-overs, and vehicular entrapments were reported, but no fatalities.

Two Car Fatal Accident Closes Route 29 in Easton, […]

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New Jersey Man Receives $2 Million in Yamaha Snowmobile Accident

The Daily Record reports a Sparta man will receive $2 million from Yamaha following a snowmobile accident.  The judge added $900,000 to the $1.1 million award from the jury.

In February of 2005, when the now 61-year-old man borrowed his friend’s 1995 Yamaha VX600V-R snowmobile, the engine started to hesitate.  While he and another friend lifted the rear of the snowmobile, the owner revved the engine with the throttle in an effort to clear the spark plugs.  The metal track broke and shot out of the rear of the snowmobile and ripped through the victim’s right leg.

Efforts to save the 75 percent severed leg were not successful, and the man’s leg was amputated above the knee a few days after the accident.

In the product liability trial, the jury awarded $1,107,000 for pain and suffering, economic losses, and medical expenses.  The man’s attorney filed a motion for an “additur” with the judge which was granted and raised the award another $900,000. […]

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Escalator Injury Involving Crocs Leads to Multimillion-Dollar Lawsuit

According to Knoxnews.com, the father of a 4-year-old girl whose foot was mangled in an escalator because she was wearing the popular shoe by Crocs, Inc. has settled his multimillion-dollar lawsuit against the company.

In 2006, the Colorado-based company began receiving complaints from parents over the rubber shoes and related escalator injuries.  Studies have shown Crocs and their imitators “appear to be prone to entrapment when pressed against the (side) skirt guard of step riser while standing on the yellow line of an escalator.”  Children are at greater risk because their shoes are smaller and thinner.

To the lawsuit was attached a letter by Crocs stating it intended to place warning tags on its shoes by Christmas 2006.  It didn’t.  Since that time there have been hundreds of accidents which may have been avoided had the warning been put on the shoes.

Injuries range from a bloody sock to severed toes. […]

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Car Accident Round-Up

Car accidents around the United States

SUV Rollover Results in Fatality

A 20-year-old woman died in a single car crash on I-95 near Springfield, Virginia, after the car in which she was a passenger struck the jersey barrier throwing her from the vehicle.  The driver of the vehicle, the woman’s mother, was injured but her injuries were not believed to be life threatening.   Virginia state police believe the driver lost control of the SUV while traveling in the far right lane, then overturned across all four lanes of the road before the vehicle came to a stop against the jersey barrier.

Man Dies After Being Ejected from Car in Head-On Collision

The Cullman Times reports that a Cullman County man and his dog were killed when the car they were riding in collided with a dump truck.  The impact from the head-on collision ejected the man from his vehicle.  […]

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Graco Drop Side Cribs Recalled Due to Entrapment and Suffocation Hazards

The U.S. Consumer Product Safety Commission (CPSC) and LaJobi announced a voluntary recall of 217,000 Graco®-branded drop side cribs. The recall includes Graco drop side wood cribs sold throughout the United States from February 2007 through March 2010. Owners of these cribs should stop using any of the recalled products immediately.

When a product is not safe and fails to contain an adequate warning, and you or a family member suffers personal injury, or death, as a result of these defects, you may be entitled to legal relief. You should be able to trust that the product you are using is safe and that you have been given proper warning of any risks the product poses.  At Munley, Munley & Cartwright we understand the complexity of product liability laws and the challenge of proving a case, and we can help you get the compensation you deserve.

The recall has been made due to the hazards posed to an infant or toddler in the crib if the drop side hardware breaks or fails resulting in the drop side detaching from the crib. […]

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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, […]