The state Superior Court has rubbed out insurance reimbursements for unlicensed massage therapists unlawfully performing the work of licensed physical therapists.
In a significant victory for uninsured drivers who are victims of accidents through no fault of their own, a federal judge has predicted that the Pennsylvania Supreme Court is poised to lift a court-imposed ban on their seeking awards of economic damages.
In Corbin v. Khosla, PICS No. 08-2095 (E.D. Pa. Dec. 15, 2008) Slomsky, J. (10 pages), U.S. District Judge Joel H. Slomsky found that although the Pennsylvania Motor Vehicle Financial Responsibility Law specifically prohibits an uninsured motorist from recovering first-party benefits in a suit against an insurer, the law includes no such bar for suits against alleged third-party tortfeasors.
Tragedy struck early December 20, 2008 in East Whiteland Township, Chester county, on a busy stretch of route 202, when an SUV going northbound on 202 veered out of control and crashed near route 30.The driver and a passenger died in the wreckage.
Monahan Law Practice, P.C. offers a FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER by calling 866-307-3888.
Philadelphia Police are investigating a deadly crash on the Girard Point Bridge in South Philadelphia overnight. Apparently, a car broke down on the bridge and was hit from behind by a UPS truck. The car burst into flames. The driver was taken to the hospital and later died.CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER
If the officer makes a single mistake on your ticket, the case will be dropped.
A ticket should be seen as an accusatory instrument and a basis for prosecution that must be factually valid, says Matisyahu Wolfberg, an attorney and former police officer from Spring Valley, N.Y., who represents defendants in traffic cases.
Clerical mistakes, such as a wrong number or wrong order of a person's name, are usually overlooked. Material mistakes, like the identity of the driver, the direction of travel, the street where the citation occurred or the description of the vehicle, can usually help a driver win the case.
"Any mistakes that involve who, where and how usually can be used to beat the case in a trial. If the description of the vehicle is inaccurate, the officer will usually lose," says Wolfberg.
He recalls one recent case in which the officer cited a white Mercedes when the defendant was actually driving a black Porsche.
Myth No. 2
If the officer doesn't show up in court, you automatically win.
Though this may happen in many cases, there's nothing automatic about it. Most judges will drop a case if the officer does not appear in court because defendants have a constitutional right to question their accusers.
However, in some jurisdictions, a case is scheduled at a time to help ensure the officer is present, or a judge will reschedule the case altogether. Wolfberg says that in most cases an officer not showing up will result in a dismissal, but there is no guarantee.
"It all depends on the jurisdiction, the court, the judge, the law," says Wolfberg. "Most judges feel the pain of people taking time off work and out of their lives to come to court and will dismiss if the officer doesn't show."
Myth No. 3
Red cars get more tickets.
Forum posters on Color Matters, a Web site that focuses on color theory and everything that color affects, claim drivers of red cars get more tickets.
There are no official studies to confirm that red cars do get more tickets, but some suggest the bold color tends to attract more attention from everyone, including police officers. There is also a theory that red cars can create an optical illusion that makes them appear to be going faster than they really are.
Myth No. 4
You need a lawyer to beat a ticket.
You might expect most traffic-ticket attorneys to say you can't beat your own ticket. With a little time and homework, however, many people successfully fight their own traffic tickets. At the very least, first-time offenders for minor offenses can usually strike a plea bargain in most jurisdictions.
An attorney's fee will often outweigh the fines and impact of a first violation, but in states such as Texas and Florida, some law firms have entire practices dedicated to fighting tickets and can often do so at reasonable rates.
Myth No. 5
If you get a ticket in another state, your home state won't find out about it.
The interstate Driver License Compact is an agreement between participating states that share information regarding certain types of traffic convictions. Reports on traffic violations and suspensions are forwarded to the home state of the nonresident.
There are only a handful of states that are not members of the compact.
There is also the National Driver Register, a database of information about drivers who have had their licenses revoked or suspended due to serious traffic violations. States provide the register with information about these serious offenses, and those in the database can be denied licenses in other states.
Myth No. 6
You can make up an excuse to get out of the ticket.
Most police officers aren't interested in excuses. When an officer pulls you over, he already suspects you of an infraction. You'll have your day in court and many ways to fight the ticket.
Remember: Any explanation you give about why you were speeding is an admission that you were speeding. If an officer logs those explanations in his notes, the statements could later be used against you in court. That's why, whenever an officer asks if you know why you've been pulled over, always answer "no" and just take the ticket.
"Never admit to speeding in the process of talking," says Aaron Quinn, the communications director for the National Motorists Association. "I would say just to be polite with the officer. Reasoning with the officer is something that might help you out if you actually are on your way to the hospital. You can try talking; just don't admit guilt."
Myth No. 7
A radar detector will ensure that you never get pulled over.
"Radar detectors give drivers a false sense of security that they can speed as much as they want without facing the consequences of breaking the law," says Ken Underwood, the president of the National Safety Commission, an organization that promotes safe driving.
But speeding drivers are also more likely to commit other infractions, and a radar detector can't tell you when a cop is watching you run that red light or make an illegal turn. Virginia and Washington, D.C., both ban the use of radar detectors. This year, a Florida bill making the devices illegal died in the Legislature.
In these days of longer commutes and simmering tempers, nothing seems to set off already-testy motorists like the left-lane camper -- the guy or gal who drives in the passing lane and bars faster drivers from easily passing. Web sites have cropped up to educate other drivers, or to vent. There's a (somewhat painful) YouTube song called "Keep Right."
Even bigwigs get frustrated. Pennsylvania Gov. Edward Rendell, weary of having his limo slowed down by such left-lane pokies, ordered an aide to have the Pennsylvania Turnpike Commission install signs a few years ago reading "Keep Right, Pass Left. It's the Law."
And now some states are cracking down on left-lane campers, both to keep traffic moving and to tamp down the road rage that goes from zero-to-60 faster than ever before.
That's not just a pretext. Last year, a driver was arrested on Interstate 79 outside Pittsburgh after allegedly brandishing a semiautomatic pistol at a driver who was on his tail.
SOUTH PHILADELPHIA - December 7, 2008 (WPVI) -- A multi-vehicle accident caused traffic problems overnight on the Schuylkill Expressway in South Philadelphia. The accident occurred around 3:15 a.m. in the westbound lanes of the highway near the University Avenue exit. Involved were a tanker truck carrying liquid propane and 2 SUVs. 3 people were taken to the Hospital of the University of Pennsylvania for minor injuries.
Whenever accidents like this occur, those injured need to immediately take care of their medical needs. But just as important is to avoid doing anything that will jeoparize future claims for damages. That's why our lawfirm published a BOOK that's free to anyone on all the questions and answers you need BEFORE you hire a lawyer to represent you.
NORTH PHILADELPHIA - December 7, 2008 (WPVI) -- A hit and run driver in North Philadelphia has left a man critically injured. The Action Cam was on the scene at the intersection of 29th and Dauphin Streets. Police tell us, a man in his late 60's was buying his Sunday paper from a Newspaper hawker when a car came speeding down the street and hit him. The driver kept on going, leaving the man lying unconscious in the street. He was taken to Temple University Hospital in critical condition. The newspaper hawker was able to jump out of the way of the speeding car. Police say they're looking for a Gray Mazda with heavy front-end damage and a flat tire.
The issue of whether or not pedestrians are entitled to medical coverage and pain and suffering will depend on a variety of factors including the pedestrians own insurance coverage. Answers to these questions must be answered and are available in own lawfirm's FREE BOOK ON AUTO ACCIDENT CLAIMS IN PENNSYLVANIA by requesting it online.
TINICUM TWP., Pa. - December 5, 2008 (WPVI) -- A head-on crash along a dark stretch of road in Tinicum Township, Bucks County Friday night seriously injured two people.
It happened near Bridge Street just after 7:30 p.m.
At least two people were airlifted to Saint Lukes Hospital in Bethlehem for treatment.
Devin C. Mattern, 21, of Milroy, a sophomore enrolled in the electronics and computer engineering technology: robotics and automation emphasis major at Pennsylvania College of Technology, died Sunday, Nov. 30, from injuries suffered in an automobile accident in Armagh Township, Mifflin County.
Two Penn State Altoona students died Sunday night in a car collision on I-76 while traveling home for Thanksgiving break, Pennsylvania State Police at King of Prussia said. Thomas Fromal, 19, of Glenolden, and Thu Hoang, 19, of Philadelphia, were traveling eastbound on the Pennsylvania Turnpike toward Philadelphia when Fromal lost control of the vehicle at about 7:07 p.m., police said. Police said the vehicle then hit a concrete median, flipped over and landed partially in the right lane.
It is believed that Fromal and Hoang survived the accident and were attempting to get out of the vehicle when two other vehicles traveling in the right lane struck Fromal's vehicle, police said.
Police said there were no witnesses to the initial accident, and it is not known why Fromal lost control of the vehicle. Police said alcohol was not involved in the incident.
Fromal, a division of undergraduate studies student, and Hoang, a business adminstration student, were pronounced dead at the scene by the Chester County Coroner's office.
Jose Maldonado-Luzuriaga was charged with criminal homicide and related charges after fatally crashing into 30-year-old William Sullo II at Salute Restaurant in Bensalem at Police.about 10:30 p.m. Saturday, November 29, 2008.
Maldonaldo-Luzuriage was apparently denied a drink from the bartender as he was said to be visibly intoxicated.
After being escorted from the bar, the unlicensed suspect allegedly entered his Ford F-150 and drove around the parking lot several times before heading toward the front entrance.
The truck crashed into Sullo, who was on a break at the time. Sullo was trapped in between the truck and a concrete wall. He was rushed to Frankford-Torresdale Hospital where he was pronounced dead.
A bouncer, Carl Slaton, narrowly escaped the path of the vehicle. He was able to restrain Moldonaldo-Luzuriaga, until police arrived on scene.
David Zellis, the first assistant District Attorney for Bucks County said that it is alleged that this is an "intentional knowing or reckless act on part of the defendant" and that he could serve a maximum of 20 to 40 years for criminal homicide, a felony of the first degree.
PHILADELPHIA (CBS 3) ? The southbound lanes of the Roosevelt Boulevard were shut down after a fatal crash early Monday morning.
Early reports say a man went through the windshield of a vehicle on the Roosevelt Extension near the Ridge Avenue exit at about 5:30 a.m.
All southbound lanes were closed while crews worked to clear the scene. A separate crash apparently occurred near the accident scene. It is unclear if there were any additional injuries.
The cause of the crash remains under investigation.
A lawsuit over a two-vehicle accident in Delaware County resulted in a $2.75 million settlement in Philadelphia County for a motorcyclist who was thrown from his motorcycle after another driver made a left turn into the path of his travel.
Plaintiff John Rowan was driving his motorcycle westbound in the right lane of Baltimore Pike, near Springfield Township in Delaware County, July 26, 2006, when Stephen Lex drove his father's company's truck into Rowan's path of travel, according to the plaintiff's pretrial memorandum.
Rowan hit the side of the truck as he was thrown from the motorcycle. Witnesses said Lex turned approximately five feet in front of Rowan's motorcycle, plaintiff's memorandum said.
The defense said that Rowan was proceeding in the left lane and swerved into the right lane to avoid a vehicle that was traveling in the same direction and was intending to make a left turn, the defense memorandum said.
Rowan, now 64, fractured his right collar bone, one of his pelvic bones, his right hip bone, multiple bones in his foot, a bone in his elbow and his left wrist, the plaintiff's memorandum said. Rowan also had injuries to some of his spinal discs, including disk herniations at L4-5 and L5-S1.
Rowan had surgery March 1, 2007, to try to fuse his unhealed collar bone. Rowan also had a problematic healing for his broken pelvic bone. Rowan also needed surgery for his left wrist fracture. Rowan also suffered depression, anxiety, insomnia and post-traumatic stress disorder, the plaintiff's memorandum said.
Rowan had been working as an outside sales representative for a flooring company making $95,000 a year, as well as bonuses, prior to his accident, the plaintiff's memorandum said. He had enjoyed exercising, riding his motorcycle and playing guitar.
According to the defense, their medical expert conceded Rowan had multiple injuries but believed that Rowan could continue his sedentary sales job, the defense memorandum said.
Lex had $1 million policy limit with Erie Insurance Company, the defense memorandum said.
Rowan also was able to get social security disability and Medicare, Messa said.
The case was able to stay in the Philadelphia Court of Common Pleas because Lex Electric does business in Philadelphia, Messa said.
Messa also said that a judge pro tem in the Court of Common Pleas, Tom Kline of Kline & Specter, was key to settling the case early on following a judge pro tem conference. Usually, it is only smaller cases of $50,000 to $100,000 that settle in the JPT conferences, he said.
Defendants offered $750,000, and the plaintiff demanded $5.5 million, according to court papers.
As of July, plaintiff estimated he had damages of $2.4 million to $3 million, including medical costs and loss of past and future earnings.
CHAMBERSBURG, Pa. — An 18-year-old man was killed on Friday, November 21, 2008, in Franklin County, according to Pennsylvania State Police and the Franklin County Coroner’s Office.
Justin S. Everly, 18, of Shippensburg, Pa., was killed Friday afternoon when his pickup truck crashed into the rear of a tractor-trailer on Interstate 81 just south of Exit 24 near Shippensburg, Pa., police said.
In the Friday afternoon accident, Everly was southbound on I-81 in a 1993 GMC Sierra about 3:30 p.m. when the vehicle crashed into the rear of a 2002 Freightliner tractor-trailer that was parked off the west side of the southbound lanes, police said.
The driver of the tractor-trailer, Bonny L. Lewis, 65, of Mount Vernon, N.Y., suffered minor injuries in the crash, police said.
Whiteout conditions were reported at the crash site at the time the accident was reported, Conner said.
The southbound lanes of I-81 were closed after the crash, with traffic being detoured onto Pa. 696 south to Exit 20 in Scotland, Pa., resulting in traffic backing up several miles.
One man is dead and 3 others are injured after a one vehicle accident Saturday night, November 22, in Port Richmond.
The 27-year-old driver of the Honda Odessey Van lost control of his vehicle in the 2100 block of East Tioga Street around 3:15, striking a metal support beam for a train overpass.
All 4 men in the car were said to be in their 20's. 2 were taken to Temple University Hospital and the other 2 were taken to Hahnemann.
The driver was pronounced dead shortly after arrival at Temple.
WYNNEFIELD - November 23, 2008 A one vehicle accident on City Line Avenue overnight on November 22, 2008 critically injured 2 people. Police say the driver of a SUV was traveling at a high rate of speed when he lost control of the vehicle and slammed into a wall, pinning the driver inside. Firefighters worked for about 20 minutes, cutting away at the SUV so they could remove the driver. Medics transported the male driver and a female passenger, both said to be in their 20's, to the Hospital of the University of Pennsylvania.
On October 20, 2008 a seventeen year old Downingtown West student was tragically killed in a two vehicle accident when, according to a state police report, a car driven by Wesley Wallace on Amish Road in Salisbury Township failed to stop for a stop sign at Route 772. Passenger Larry Woodward who was riding with Wallace was also critically injured and were taken to Lancaster General Hospital.
Two Lincoln University residents were killed in a car crash on October 19, 2008 in the early morning on Lewisville Road north of State Road. Both victims were passengers in a car driver by Kevin DeMichiel also of Lincoln University. According to state police, DeMichiel drove his vehicle into the opposing lane of traffic and struck a car driven by Christopher Lynch. The victims of the accident were not wearing seat belts.
On October 29, 2008 Sulochana Rani Nemalikanti was walking as a pedestrian in Downingtown where Chestnut Street intersects with Lancaster Avenue. Apparently, the driver of the truck who was stopped at the intersection and had looked both ways, did not see Ms. Nemalikanti. According to Police Chief James McGowan, the pedestrian was walking around the truck when she was struck by the rear wheels. Ms. Nemalikanti dies at Crozer Chester Hospital the following Sunday. Although the Downingtown police have reopened the investigation, no charges have been filed.
Despite what you may think, Thanksgiving is the holiday when statistically the largest number of drunk driving fatalities occur.New Year's Eve, which might have been your first guess, runs a distant second.
Many people know that Thanksgiving is a time with family, and people often feel the need to drink more around family. However, this drunk driving fact is no laughing matter. So as you gather around your Thanksgiving table, give thanks for the health of those you are with and make sure that they get home safely.
SHANKSVILLE – William Parry, 70, an Indian Lake motorcyclist who was injured critically in a motorcycle-pickup accident Wednesday, died Monday.
State police said Parry was eastbound on Stutzmantown Road. The driver of the pickup, Eliazer Manuel, 33, of Frostburg, Md., was southbound on Coleman Station Road. After stopping at the stop sign, Manuel pulled into the intersection without yielding to Parry, police said. Parry was not able to stop in time and struck the truck.
If you are planning a holiday party, review your insurance policy with your agent to see if you have coverage for any incident that may occur on your property or as a result of actions on your property.Also, consider hosting your party at a restaurant or bar that has a liquor license, rather than in your home or office.
Urge anyone planning a holiday party to follow these tips:
(1) Do not drink or, if you drink, limit your alcohol intake so you can track your guests’ alcohol consumption;
(2) Limit your guest list to close friends and family.It is much easier to track behavior changes in people you know;
(3) Meet and greet all guests when they arrive so you can determine if they drank alcoholic beverages before arriving at your party.Repeat the process when your guests leave;
(4) Consider collecting keys when your guests arrive to help prevent them from leaving when intoxicated;
(5) Serve all of the drinks yourself and monitor your guests’ consumption.Also, you might hire a bartender who is trained and knows when to serve alcohol;
(6) Serve lots of food that has protein and fat, as well as filling foods, such as breads and other starches.When possible, avoid salty foods because they encourage more drinking.Also, avoid sugar foods because they do not mix well with alcohol;
(7) Do not serve guests who are visibly intoxicated;
(8) Offer plenty of non-alcoholic drinks;
(9) Schedule entertainment or activities that do not involve alcohol;
(10) Stop serving alcohol one hour before the party is scheduled to end and offer guests coffee throughout the party;
(11) If you did not collect car keys when guests arrived, then encourage an intoxicated guest to give you his car keys.If necessary, ask a friend to help you persuade an intoxicated guest to take a cab;
(12) Keep the phone numbers of cab companies nearby and tell your guest that you have called a cab.Don’t give him the option to refuse.
(13) If your guest is highly intoxicated, keep that person with you until they become sober or can be left with a responsible person who is sober.
(14) Offer a heavily intoxicated guest a spare bed.You need time -- not added fluids or food -- to sober your guest.
(15) If your guest will not give you the car keys or spend the night at your home, then call the police.While this may seem drastic, the consequences of a drunk driver leaving your home could prove tragic.
