Litigation

What is Litigation?

Litigation is the process of taking legal action and filing a lawsuit.

According to Cornell Law School’s Legal Information Institute (LII), litigation is defined as “the process of resolving disputes by filing or answering a complaint through the public court system.” As such, a judge or jury examines the evidence and makes a legally binding decision. This process can include various stages such as filing pleadings, conducting discovery, engaging in pre-trial motions, going to trial, and potentially appealing the court’s decision.

Litigation is beneficial because it allows for a formal resolution of disputes based on laws and legal precedent. However, litigation can be time-consuming and costly, as well as prolonged periods of uncertainty. Understanding litigation is crucial for individuals, businesses, and legal professionals navigating legal disputes and seeking to protect their rights and interests within the judicial system. It involves a comprehensive understanding of legal procedures, strategic decision-making, and effective advocacy to achieve favorable outcomes in court.

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Lightning Strike at Pennsylvania Racetrack Raises Concern of Spectator Safety

As severe thunderstorms rolled through the area on Sunday, 85,000 fans were sitting in stands and in the infield at the Pocono Raceway watching the Pennsylvania 400 NASCAR race.  For the safety of the drivers and the fans, the race was called off, but it was too late – two lightning strikes hit 10 spectators.

According to WNEP, the Monroe County EMA alert system issued a severe thunderstorm warning for the area at 4:12 p.m. NASCAR stopped the race at 4:54 p.m. The first lightning strike was shortly after 5 p.m., killing one man and injuring eight others. The second strike was reported at 6:35 p.m., injuring one person.

Officials with the Pocono Raceway and NASCAR are investigating the hour leading up to the tragedy.  While the racetrack officials contend warnings were issued, some of the attendees are disputing that claim.  Philly.com reports some attendees said there were no audible warnings given to spectators during the closing stages of the race. […]

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PA Drivers Should Call 911 to Report Dangerous Texting Drivers

Our Pennsylvania car accident attorneys have continued to provide information to educate drivers of the dangers of texting while driving.  The National Safety Council (NSC) reports that nationwide almost 25 percent of car crashes involve cell phone use and nearly 1.3 million crashes each year can be attributed to cell phone usage while driving. If you are a focused, defensive driver, however, the USA Today reports that you should get away from distracted drivers to help prevent yourself from becoming one of these statistics.

According to the USA Today, police not only recommend distancing yourself from the offensive drivers, but also suggest calling 911 if you believe the drivers are a danger to others.  Auburn Police Division Capt. Tom Stofer told USA Today that drivers should give a wide berth to texting drivers — and to call 911 in the worst cases.

“If I was a citizen and if I saw an extreme case, […]

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CPSC Sues Buckyballs Maker to Pull the Dangerous Toys From the Market

We have reported on the warnings issued by both the U.S. Consumer Product Safety Commission (CPSC) and by health advocates in the UK regarding children ingesting Buckyballs, a set of round, high-powered magnets that are meant to be used by adults as a stress-relieving desk toy.

When multiple magnets are swallowed, they often adhere through the intestines or bowel causing obstructions and/or tears in the intestinal lining.  Immediate surgery is necessary to prevent further damage and to remove the magnets and repair the damage.

Since the CPSC issued the warning in November, however, it has received over one dozen reports of children ingesting the magnets, many of which required surgical intervention. Now, the CPSC has filed an administrative complaint against Maxfield & Oberton Holdings LLC, the toymakers, “alleging that Buckyballs and Buckycubes contain a defect in the design, packaging, warnings, and instructions, which pose a substantial risk of injury to the public.”

While Maxfield & […]

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Deadly Pennyslvania Accident Serves as a Reminder of the Importance of Seatbelts

A deadly car accident in Wells Tannery last month serves as a reminder that seatbelts are not an inconvenience – they can be lifesavers.  Two teens died and two were seriously injured when the driver of their car apparently lost control sending the vehicle off the roadway and into several trees.  Sadly, none of the four occupants were wearing a seatbelt.

The National Highway Traffic Safety Administration (NHTSA) estimates that while the use of seatbelts saved 356 lives in Pennsylvania in 2010, another 136 could have been saved if all of the people had buckled up. The NHTSA reports that 868 people (aged 5 and over) died in PA accidents in 2010. Of those, 273 were properly restrained, whereas 505 did not have their seatbelts on at the time of the crash.

JustDrivePA.org maintains key educational material on its website related to seatbelt usage. […]

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Pennsylvania Drivers Asked to be On the Lookout for Joggers

Running is one of the most popular forms of exercise among Americans. In fact, according to Running USA, there are over 35 million recreational runners in the United States.  Although there are numerous health benefits to running including, weight loss, improved cardiovascular health, natural stress relief and increased strength, runners also risk serious injuries from being struck by a vehicle.

Just this month, a 20-year-old woman was jogging in Blooming Grove, just 35 miles east of Scranton, when she was struck and killed by a car, according to news reports.  The driver apparently intentionally ran his vehicle onto the shoulder of the highway and struck and killed the woman as she jogged on Route 507. Although this was an extreme case, it does serve as an example of the dangers Pennsylvania runners face when running on the roadways and highways.

Runners and pedestrians face the same risks when around traffic – distracted drivers, […]

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PennDOT Offers PA Residents Key Safety Resources

Although you may have heard of the Pennsylvania Department of Transportation (PennDOT) in regards to road construction projects throughout the state, PennDOT is also tasked with keeping the Pennsylvania roadways safe through various programs and campaigns.  As part of National Distracted Driving Awareness Month in April, PennDOT launched “Just Drive PA,” a new initiative aimed at improving safety on Pennsylvania roadways.

According to a PennDOT notice:

The ‘Just Drive’ slogan reinforces that distractions, driving impaired and other unsafe driving behaviors have no place on our roadways.” said PennDOT Secretary Barry J. Schoch. It reinforces the need to drive properly, wear seat belts, look out for other travelers and always avoid distractions. Remember “when you’re behind the wheel, your biggest and only responsibility is to focus on safe driving.

The Just Drive PA website, www.justdrivepa.com, features a “Distracted Driving” […]

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PA Drivers Have Opportunity to Participate in PennDOT Survey

Our Pennsylvania car accident attorneys have continuously urged PA drivers to drive safely when on our highways.  We also strive to present articles regarding safety initiatives and campaigns aimed at improving highway safety.  Now, Pennsylvania residents have the opportunity to be heard regarding the efficacy of the state’s traffic safety enforcement and their peers’ driving behaviors.

PennDOT has published its Highway Safety Planning Survey online at www.JustDrivePA.com.  The survey questions focus on several key safety initiatives: seat belt use, impaired driving, speeding, motorcycles, distracted driving.  Each state is required to complete this survey by the National Highway Traffic Safety Administration.

Residents have until July 27 to complete their feedback.  The survey is anonymous, although information is maintained on gender and zip code of residence.

Palmer-Forks Patch reports that more than 3,500 people responded to last year’s survey.

According to PennDOT’s website, […]

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The IIHS Suggests Toughening Up Pennsylvania’s Graduated License Program

Pennsylvania’s graduated licensing (GDL) program has been identified by the Insurance Institute for Highway Safety (IIHS) as one of the best GDL programs in the nation.  In a recent study, the IIHS honed in on five components of GDL’s that can improve safety among teen drivers.  Although PA meets many of the requirements, there is still room for improvement.

In March, we offered detailed information about the GDL after the USA Today did a featured story on teen driving.  In 2010, Governor Tom Corbett tightened the restrictions for teen drivers by enhancing the GDL.  However, the IIHS believes that by adding even stricter requirements in Pennsylvania, the state could see a 27% reduction in teen accidents.

In 2010, there were 27,149 crashes involving drivers between the ages of 16 and 20.  There were 57 car crash deaths in accidents in 2010 that involved a 16- or 17-year-old driver. […]

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Parents Urged to Keep Laundry Pods Away from Children

Once again, manufacturers of a product intended for use by adults have packaged a product in a way that appeals to children, leading to injury. We previously reported on Buckyballs, an adult stress-relieving toy that is made of small magnets, that appeals to young children who swallow the magnets, requiring surgery.  Now, ABC News reports that children are mistaking the new single-dose laundry detergent packets, such as Tide Pods, for candy.

An 18-month-old child had to be rushed to the emergency room with severe nausea, vomiting and diarrhea after he swallowed a pod believing it to be candy.  Five months later, according to ABC News, nearly 1,200 children have been treated for swallowing laundry detergent, and eleven of them are critically ill on ventilators.  The new laundry packets were first introduced in February.

The American Association of Poison Control Centers (AAPCC) issued a warning on May 17 “urging the public, […]

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Pennsylvania Drivers Urged to Read DOT’s Blueprint for Ending Distracted Driving

Our Pennsylvania truck accident attorneys have continually stressed the dangers and the tragedy of distracted driving.  Just last month we presented information about a young teen who is now serving jail time due to a distracted driving accident that resulted in the death of a 55-year-old man.  For some, unfortunately, a serious jolt such as an accident is what it takes to wake them up to the dangers of distracted driving.

However, Transportation Secretary Ray LaHood, who has been steadfast in his battle to end distracted driving in the United States, hopes to end accidents caused by distracted drivers.  Now, under his direction, the U.S. Department of Transportation (DOT) has launched its Blueprint for Ending Distracted Driving.

The blueprint, according to LaHood’s blog, Fast Lane, “is putting critical safety information into the hands of those who can make the biggest difference. Parents, teens, driving instructors, […]

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Pennsylvania Accident Victims Should Request a Copy of Their Vehicle Accident Report

Earlier this month our PA truck accident lawyers offered some information regarding vehicle accident investigations.  However, we did not include information on the crash report and what happens with all the information that is compiled – and how you can access that information.   Below we explain the importance of a Pennsylvania crash report.

The Pennsylvania State Police, along with the state’s nearly 1,300 local municipal police departments, have a duty to investigate each traffic accident that occurs on the Pennsylvania roadways.  That is no easy task with over 120,000 miles of roads and highways in the state.  According to the 2010 Pennsylvania Crash Facts and Statistics, in 2010, PA police investigated 121,312 traffic crashes.  Of those accidents, 1,324 people died and 87,949 were injured.

When police come upon accidents the scene is often chaotic.   The police must first make sure all of the accident victims are properly attended to and then they need to redirect traffic.  […]

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Facebook and Twitter to be Offered as Features in New Cars

Earlier this year U.S. automakers unveiled their latest features, including improved airbags and seatbelts, focused on saving lives and preventing serious injury in automobile accidents.  These features were applauded by safety advocates for helping to keep car occupants safe on America’s highways. However, as carmakers unveil their latest Internet-based features, safety advocates fear automakers are contributing to the distracted driving epidemic.

According to the New York Times, automakers are planning on offering high-tech features in some of their 2013 models allowing drivers to stay ‘wired’ while in the car, without accessing their smartphones.  Some of the apps that will be offered by Mercedes-Benz, Acura, Honda, Lexus, and Subaru, among other automakers, include GPS, Pandora streaming music, movie ticket ordering and even restaurant reviews from Yelp.  However the carmakers aren’t stopping there.  Some of the dealers will be offering access to social media sites, such as Facebook and Twitter.  […]

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Small magnets pose risk to children if ingested

We previously published an article warning parents of the health hazards posed to children by Buckyballs, a set of round, high-powered magnets that are meant to be used by adults as a stress-relieving desk toy.  Now, the dangers of small magnets are in the headlines again after an article in the Lancet reports two cases of children being injured after swallowing the small magnets in the U.K.

The authors were particularly concerned of the swallowing incidences, one by an 18-month-old and the other by an 8-year-old, since they both happened within the last 18 months and no other cases had occurred in the UK.  The 18-month old swallowed ten small, round magnets.  The older child swallowed two 2-cm long magnetic strips.  Both children had to have the magnets surgically removed, and both made a full recovery.  Although the US and Canadian governments have both issued health warnings regarding small magnets, […]

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Teen Sentenced to Prison in Distracted Driving Accident

Just this month one judge ruled in a first-of-its-kind case that someone sending a text message cannot be held liable for a distracted driving accident.  Now, in the first ruling in Massachusetts history where someone has been convicted for causing a fatal accident while texting behind the wheel, a judge found a teen guilty of killing someone when distracted by his cellphone while driving.

In February 2011, the then 17-year-old killed a 55-year-old man and seriously injured the man’s 50-year-old girlfriend when he crossed the center line and crashed into the oncoming vehicle.  After just four hours of deliberation the jury returned a verdict of guilty in the fatal accident, according to CBS News. The teen was sentenced to two-and-a-half years in jail, with a year to serve and the remainder suspended.  In addition, the teen lost his driver’s license for 15 years and owes an unspecified amount of restitution. […]

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Pennsylvania State Police Announce Pursuit Statistics

The Pennsylvania State Police announced Monday that the number of pursuits across the state increased in 2011.  Pennsylvania police were involved in 1,453 vehicle pursuits last year, a slight increase over the 1,413 pursuits reported in 2010.

A pursuit is initiated by police “when the driver of the vehicle is resisting the apprehension by maintaining or increasing his speed or by ignoring the police officer’s audible or visual signal to stop.”

According to the press release, thirteen pursuit-related deaths were reported in 2011. Twelve of those killed were fleeing from police; one death involved an uninvolved person. No Pennsylvania police officers were killed as the result of pursuits. However, in a case we reported in February, a West Virginia policeman died in the midst of a pursuit that crossed the PA line.

Many police chases result in serious car accidents.  Last year, […]

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Pennsylvania Student Athletes Offered Protection Under Sudden Cardiac Arrest Prevention Bill

Earlier this month we reported on the safety ranking of Pennsylvania in respect to safety initiatives states take to prevent injuries and death among their residents.  Pennsylvania was recognized for having a strong youth sports concussion safety law. Now, Governor Tom Corbett has signed a new law that will offer additional protection to young athletes – an act establishing standards for preventing sudden cardiac arrest (SCA) and death in student athletes.

According to the American Academy of Pediatrics, SCA is the abrupt and unexpected loss of heart function, and can cause death if not treated within minutes.  SCA is attributed to more than 2,000 deaths in the United States each year.  The New York Times reports that while sedentary youths are susceptible to SCA, the risk is nearly three times higher in competitive athletes. In addition, a high school student dies of cardiac arrest as often as every three days. […]

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AAA Reports Summer Months Deadly for Teen Drivers

Teen drivers more likely to be in an accident in the summertime

Last week our Pennsylvania car accident attorneys asked parents to have open discussions with their teenage drivers to ensure they are fully aware of the dangers of distracted driving and to encourage safe driving behaviors.  It is especially critical for parents to get this message out as summer starts, and, according to AAA, five of the 10 deadliest days of the year for teens loom.

The Reporter reports AAA identified that teens are more susceptible to deadly crashes in the summer months between Memorial Day and Labor Day than any other time period during the year – making it even more critical to educate your teens.

Sadly, AAA has dubbed the time between Memorial Day and Labor Day the “100 deadliest days of summer,” due to the high number of teen accident fatalities.  […]

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Judge Rules Person Who Sent Text Resulting in Motorcycle Accident Not Liable

At the end of May we reported on the distracted driving lawsuit brought by a couple who both lost their left legs when the motorcycle they were riding was struck by a driver who was texting.  The couple claimed that not only should the teen driver of the vehicle that hit them be held liable for their motorcycle accident, but so should the driver’s girlfriend, who sent him a text message just seconds before the crash.

The judge ruled last week in the first case of its kind to hit the dockets in the U.S.  He dismissed the claims against the woman in the lawsuit ruling that the person sending the text to which the driver was responding “cannot be held liable.”

The ruling sends the message that it is not the responsibility of the texter to monitor where the recipient of a text message is when responding to a message.  […]

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PA ranked 30th in U.S. for injury deaths

Researchers set out to determine which U.S. states are the safest. In a study released last month, each state was ranked by 10 key indicators of steps states can take to prevent injuries, including those caused by accidents and violence, to their residents.  Pennsylvania received a score of 5 out of 10, leaving the state plenty of room for improvement.

The study, entitled “The Facts Hurt: A State-By-State Injury Prevention Policy Report,” by the Trust for America’s Health (TFAH) and the Robert Wood Johnson Foundation (RWJF), looked at each state, ranking them on a 10 to 0 scale, with states receiving one point for each of 10 policies that could improve safety. Two states, California and New York, scored nine out of the possible 10 points, and had the best overall ratings. Montana and Ohio both scored the worst overall with just 2 points each.  Arkansas, Colorado, Indiana, […]

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Pennsylvania Receives Truck Safety Award from U.S. DOT

The Pennsylvania State Police announced this month they received the prestigious 2012 Safety Enforcement Improvement Award from the U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA).

The award, presented at the FMCSA’s annual leadership conference, is presented to the one state “that demonstrates the greatest improvement to its truck safety enforcement program in terms of cost efficiency and traffic enforcement.”

“This achievement is truly a great honor for the Pennsylvania State Police and our motor carrier enforcement partners,” said State Police Commissioner Frank Noonan when announcing receipt of the award.

More than 100,000 trucks were inspected in PA in 2011, representing a 35 percent increase over the number of inspections performed just three years ago, according to the press release.

The National Highway Traffic Safety Administration reports in 2010, the most current year of data, 164 people died in crashes involving a large truck in Pennsylvania. […]

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