Attorney Blog

Arizona State University settles lawsuit in dorm rape case for $850,000

dmonahan@jdllm.com (Blog Author)8746 — Wed, 04 Feb 2009 08:00:00 EST

A former student at Arizona State University who said she was raped in her dorm room will cost Arizona State University $850,000 and change the way all three state universities in Arizona respond to complaints of sexual harassment and violence.

The unidentified woman reported that a football-scholarship student raped her on March 12, 2004. An investigation by campus police concluded "non-consensual sexual intercourse" took place, according to court documents. The Maricopa County Attorney's Office later declined to prosecute saying conviction was unlikely. The accused student apparently told police in 2004 that the woman invited him to her room and initiated sex.

Court records show the alleged rapist had been kicked out of the university the summer before he was accused of rape because of inappropriate sexual comments and touching, and exposing himself to female students and staff. He was allowed to return to campus in August 2003 and to rejoin the football team, but he received no counseling.

After the rape complaint was filed, he was allowed to finish the semester. He was then expelled in May 2004 because the university had concluded that he "had more likely than not" sexually assaulted the woman, court records show.

The university claimed to have agreed to the settlement terms to avoid expensive litigation and "likely anguish" of the individuals involved if the case went to court, according to a statement released Monday by the Arizona Board of Regents, which oversees the state universities.

"Historically, universities have downplayed rapes," said Joanne Belknap, a sociology professor at the University of Colorado at Boulder and researcher in violence against women. "In general, they don't want people to know about it because people won't want to send their daughters there and women won't want to come."

This is the first settlement to require a statewide system of universities to change the way it responds to complaints of sexual harassment and violence, and it sends a warning to all universities and colleges, Belknap said.

U.S. Federal Court in Pennsylvania Predicts State Supreme Court will permit uninsured motorists to collect damages directly from tortfeasor

dmonahan@jdllm.com (Blog Author)8571 — Fri, 30 Jan 2009 08:00:00 EST

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.

Auto Insurers Don't Have to Pay for Unlicensed Massage Therapists, Court Rules

dmonahan@jdllm.com (Blog Author)8569 — Fri, 30 Jan 2009 08:00:00 EST

The state Superior Court has rubbed out insurance reimbursements for unlicensed massage therapists unlawfully performing the work of licensed physical therapists.

Recent Pennsylvania Case Finds Sign Uninsured Motorist Waiver need only be done Once

dmonahan@jdllm.com (Blog Author)8568 — Fri, 30 Jan 2009 08:00:00 EST

Concluding that insurance companies should not need to become investigative firms, a Superior Court panel has ruled that, once a UM/UIM waiver is signed, an insurance company has complied with the statutory requirement related to the issue.

Two Drexel University Students Die in Upstate Car Crash

dmonahan@jdllm.com (Blog Author)8566 — Fri, 30 Jan 2009 08:00:00 EST

Questions remain surrounding a car crash that killed two Drexel University students and seriously injured four others while they were driving on a fraternity trip through Lycoming County in north-central Pennsylvania in January 2009.

Police said the SUV struck a "rock cut" along the mountainside around 3:30 a.m that morning.

Ian Alexander, 22, of Royersford, president of Drexel's Alpha Chi Rho fraternity, and John Patrick "Johnny" Williamson Jr., 21, of Havertown, died in the accident on Route 15, two miles south of Liberty, Pa., state police said in a written release. The SUV had been headed south.

Although Police would not say whether alcohol was a factor in the crash, or whether the two who died had been wearing seat belts, the mother of one of the boys, Donna Marie Williamson, 52, said police had assured her that alcohol was not a factor in the accident.

The four survivors, including the driver, Andrew Cardamone, 19, of Philadelphia, were all wearing seat belts, police said. Cardamone and passengers Eric Rayburn, 18, of Quakertown, and Kevin MacDonald, 18, of Philadelphia, were taken to Geisinger Medical Center in Danville.

Passenger Adam Marsh, 20, of Collegeville, was airlifted to Robert Packer Hospital in Sayre.

Woman sexually assaulted in apartment invasion in West Philadelphia near U of P

dmonahan@jdllm.com (Blog Author)7461 — Sat, 20 Dec 2008 08:00:00 EST

An armed man forced a woman into a unit at the University of Pennsylvania campus apartments in the 4400 block of Spruce Street on December, 19, 2008. The armed man duct taped her and her roommate then robbed them and sexually assaulted at least one of them.

Penn Community is advised to be careful and aware of their surroundings and not to open your door to any unknown persons. The apartments where the women lived are located just off the University of Pennsylvania campus. Monahan Law Office P.C. represents crime victims who have been assaulted and injured in cases like this that often involve inadequate security of the premises.

CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling TOLL FREE 1-866-307-3888 or 1-610-363-888 and order our FREE BOOK: CRIME VICTIM’S GUIDE TO RECOVERING DAMAGES FOR YOUR INJURIES.

Early Morning Crash in Chester County, kills two in SUV rollover

dmonahan@jdllm.com (Blog Author)7460 — Sat, 20 Dec 2008 08:00:00 EST

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.

Boston Cabbie Sexual Assaults Can Happen Anywhere

dmonahan@jdllm.com (Blog Author)7423 — Fri, 19 Dec 2008 08:00:00 EST

Boston police have issued a warning about a string of sexual assault cases that began when the victims got into the wrong cab. Five incidents of sexual assaults involving cabbies or livery drivers have been reported since October 4th. The Boston Police Department offers a list of prevention tips to keep women safe. Among the most useful: only hail cabs that have Boston licenses, stay in groups, and never get in the front seat.

These safety tips should apply in any city where cabs are a frequent method of transportation. Cab riders in Philadelphia should be similarly wary of the potential for these kinds of assaults.

Chicago Catholic Diocese Settles Priest Sex Abuse Case for $1.2 Million

dmonahan@jdllm.com (Blog Author)7399 — Thu, 18 Dec 2008 08:00:00 EST

The Roman Catholic Archdiocese of Chicago has agreed to pay $1.2 million to settle a lawsuit brought by the family of a boy who was sexually abused by former priest Daniel McCormack, an attorney for the family said Wednesday.

The settlement calls for $1.1 million to be paid to the boy, who is 16, and $100,000 to the boy's mother. In September, the archdiocese agreed to pay $2.5 million to the boy's younger brother, who also was abused by McCormack.

McCormack who pled guilty last year to molesting five boys while pastor at Our Lady of the Westside School was sentenced to five years in prison.

A report filed earlier this year by counselors for the two brothers said both suffer from "extreme sadness ... confusion, anger, shock, rage, mistrust of men."

Five lawsuits have been filed alleging sexual abuse by McCormack, and only one remains pending. So far, the archdiocese has agreed to pay nearly $10 million to settle claims arising from McCormack's conduct.

Overall, the archdiocese has paid out about $82 million to settle claims involving clergy sex abuse cases.

Vermont Judge Denies Church Defense that Sex Abuse Claim barred by Statute of Limitations

dmonahan@jdllm.com (Blog Author)7370 — Wed, 17 Dec 2008 08:00:00 EST

A Maryland man's lawsuit against the diocese of Vermont alleging that the Catholic church is liable for damages as a result of being sexually abuse while he was an altar boy during the 1970’s because it knew one of its priests, Father Paquette, was a child molester when it hired him obtained a favorable ruling from the Judge on December 15, 2008 when Judge Dennis Pearson denied the diocese’s defense that the claim was barred by the statute of limitations.

The diocese does not dispute the claim but raised two key defenses: (1) that the anxiety and any other psychological problems the man has suffered over the years were not caused by the abuse, and/or (2) the victim waited too long to file his lawsuit, and therefore, he was barred from proceeding because of the Statute of Limitations.

Judge Pearson ruled that the claim was not barred by the Statute of Limitations, stating in his opinion denying the motion that "I do think the evidence shows there is no reason for the jury to consider whether ... (the man) knew or should have known he had a claim against the diocese for negligent hiring.”

Girard Bridge Crash Leaves One Dead in Philadelphia

dmonahan@jdllm.com (Blog Author)7341 — Tue, 16 Dec 2008 08:00:00 EST

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

Survivors Network of those Abused by Priest Organization (SNAP )Says New Bishop in Wisconsin Isn't Doing Enough Against Clergy Abuse

dmonahan@jdllm.com (Blog Author)7259 — Sat, 13 Dec 2008 08:00:00 EST

Leaders of the Survivors Network for those Abused by Priests (SNAP) say there's been little progress on child sex abuse efforts during Bishop David Ricken's first 100 days in Green Bay.

Holding a news conference outside the Green Bay Catholic Diocese headquarters, SNAP officials said the new bishop has not made clergy sex abuse his top priority.

"I see a kid on the street, I know you guys feel this way, and I feel because we're out here in the freezing rain and cold we're doing this that child may never have to experience what we went through as parents and victims, and that's what it's all about," Peter Isely of SNAP said.

The diocese responded by saying the most recent incident of clergy abuse reported to the diocese allegedly happened 17 years ago, and that of the four allegations it received in the past two years, the incidents were reported to have happened 33 to 58 years ago.

Auxiliary Bishop Robert Morneau issued a further written statement, saying:

I believe that all children need to be safe and protected from sexual abuse. I support the diocesan policy of reporting all credible allegations of sexual abuse to the authorities. SNAP's recent allegation that I was involved in the cover up of criminal behavior by John Feeney, one of our former priests, is false. To accuse me of such a heinous act is heartbreaking. It unfairly damages my reputation and my credibility.

As a bishop, as a pastor and as an uncle to several nieces and nephews, I would never want to see a child harmed. I am committed to providing a safe and secure environment not just for children but for all people.

SNAP wants the diocese to release the names and addresses of 51 Green Bay diocesan clergy which, according to SNAP, church officials say sexually abused children.

SNAP says so far Bishop Ricken has refused to meet with the group.

"We just feel that at the end of the day it just is going to make sense to get together with us and have this conversation," Isely said.

New Jersey Teacher Arrested for Sexual Abuse of Minor

dmonahan@jdllm.com (Blog Author)7227 — Fri, 12 Dec 2008 08:00:00 EST

PRINCETON, N.J. (CBS 3) ? A coach at Princeton High School in New Jersey has been arrested after being accused of having a sexual relationship with a female student.

James Kearney Jr., of Columbus, has been charged with two counts of second degree sexual assault.

Police allege the 37-year-old had a sexual relationship with a 17-year-old female student.

Investigators said someone at the school told the administration about the alleged relationship and that prompted the investigation.

Kearney Jr. was also a gym teacher at the Joyce Kilmer Elementary School in Trenton. He has been suspended with pay from the school.

Gun shop sued by mother of man slain in Missouri mall

dmonahan@jdllm.com (Blog Author)7225 — Fri, 12 Dec 2008 08:00:00 EST

KANSAS CITY, Mo. -- The mother of a man killed in a shooting rampage at a Kansas City shopping center has sued an area gun store for selling ammunition to her son's killer.

Jo Ann K. Nilges' lawsuit said The Bullet Hole of Overland Park, Kan., was responsible for her son's death during the April 2007 Ward Parkway Shopping Center shootings. Her son, Luke Nilges of Shawnee, and another person were gunned down by David Logsdon in the mall's parking lot.

A short time later Logsdon was killed by a police officer inside the mall.

The Jackson County lawsuit contended that the gun shop was negligent because it accepted a credit card belonging to a dead woman whom Logsdon also is suspected of killing.

Son of Promient Delaware Politician Files Suit Against Catholic Boys School Under Delaware's New Law

dmonahan@jdllm.com (Blog Author)7196 — Thu, 11 Dec 2008 08:00:00 EST

In lawsuit, man alleges sex abuse at St. Edmond's Academy

WILMINGTON -- Kermit Justice Jr. -- son of the state's former secretary of transportation and New Castle County's former county executive -- filed suit Wednesday in Superior Court against St. Edmond's Academy, the Catholic Diocese of Wilmington, the religious order known as Brothers of the Holy Cross of the Eastern Province, and a former lay teacher at the school, John James Fleming.
In the suit, Justice, now 39, says he was sexually abused by Fleming in the early 1980s while he was a student at the school. Fleming was a teacher and wrestling coach from 1981 to January 1984. Fleming pleaded guilty in 1985 to sexually assaulting a 10-year-old boy -- not a student at the school -- during a five-month period in 1984. Prosecutors at the time criticized the school for allowing Fleming to resign with a "glowing letter of recommendation" despite reports of molestation by two students. The suit was filed under the provisions of the 2007 Child Victim's Act, which eliminated the civil statute of limitations in cases of child sexual abuse and opened a two-year window during which previously time-barred claims could be made. That period ends in July 2009.

Elderly Bristol Woman Killed by Hit and Run Driver

dmonahan@jdllm.com (Blog Author)7174 — Wed, 10 Dec 2008 08:00:00 EST

Elderly Woman Killed In Bucks Co. Hit-Run

BRISTOL, Pa. (CBS 3) ? Police in Bucks County are searching for a hit and run driver who struck and killed an elderly woman Tuesday evening.

The incident happened at about 7:00 p.m. on Radcliffe Street near Penn Street in Bristol, Pa.

Police said a black sports utility vehicle struck an elderly woman. The driver initially stopped, but then sped off, police said.

The identity of the victim was not immediately available.

Police are continuing their manhunt for the driver of the SUV. The investigation into the fatal incident is ongoing.

Pennsylvania One of Many States that enforces Right Lane for Slower Traffic

dmonahan@jdllm.com (Blog Author)7173 — Wed, 10 Dec 2008 08:00:00 EST

Left-lane slowpokes drive you crazy?

The words 'move over' -- even if readable in the rearview mirror -- may not mean much to them, but a ticket might. Some states are cracking down.

By Christopher Solomon

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.

Group Calls for Boycott of Financial Contributions to Catholic Church Due to Clergy Sexual Abuse

dmonahan@jdllm.com (Blog Author)7151 — Tue, 09 Dec 2008 08:00:00 EST

Abuse victims ask parishioners to withhold donations

BY LAURA RIVERA

December 8, 2008

Members of a new Catholic reform group Sunday urged Long Island parishioners to withhold donations for what they said was the mishandling of clergy sex abuse cases.

About a dozen people supporting Project Send the Bishops a Message demonstrated outside St. Agnes Cathedral in Rockville Centre after morning Mass, asking parishioners to contribute to children's charities instead of their local parish on Dec. 21.

The group's national director, Frank Douglas, said the selective boycott would convey to church leaders that they need to do more to protect children from sexual abuse and to make their finances more transparent.

"The real message to Catholics is to try to make them aware that they have the power to change the church through the power of their purse," said Douglas, based in Tucson, Ariz. Douglas called on U.S. dioceses to disclose income and balance sheet statements and assets, including real estate, cash, and stocks and bonds.

Sexually Abused Victims' Organization Demand sMore from Catholic Church

dmonahan@jdllm.com (Blog Author)7150 — Tue, 09 Dec 2008 08:00:00 EST

Following a $4.5 Million settlement by the Diocese of Springfield, Massachusetts, many of the 59 claimants say it is insufficient, and that the Diocese has not done enough to educate the public it serves.

"The payments are an important first step in holding the Church and the priests accountable for the betrayal and the abusive actions committed against young children," said Peter Pollard, Survivors Network of those Abused by Priests (SNAP) Coordinator for Western Massachusetts. SNAP's 18 non-monetary demands include, in part: publicly releasing the names of clergy responsible for sexual abuse, posting known abusers on the diocesan web site for at least nine years, and for the bishop to visit parishes where known abusers have served, included deceased perpetrators. The group delivered the list of requests to Bishop Timothy McDonnell's office Monday.

Rape Victim Wins $875,000 Settlement in Apartment Security Case

dmonahan@jdllm.com (Blog Author)7145 — Tue, 09 Dec 2008 08:00:00 EST

Woman wins $875,000 in rape suit

By Kim Smith

ARIZONA DAILY STAR

Tucson, Arizona | Published: 12.08.2008

A 22-year-old woman who was repeatedly raped in July 2006 has settled her lawsuit against the apartment complex where the attack took place and a security company for $875,000.

Tucson attorney William Nelson filed a lawsuit against University House on East 8th Street and Proguard Security Services on behalf of the woman last year, claiming D'Andre Webb, 22, was able to get into the woman's apartment because the slider portion of her sliding-glass door was on the outside, allowing him to lift it off its track.

The management at University House refused to let maintenance personnel fix the problem before the rape, instead instructing them to place an ineffectual pin-locking mechanism on the door, Nelson said.

Moreover, the apartment complex management knew there was a problem with the sliding-glass doors because a burglar had gained access to another apartment the same way, Nelson said.

The woman, who was attending the University of Arizona at the time, continues to suffer from post-traumatic stress disorder, including flashbacks, anxiety attacks and depression, Nelson said.

Webb was arrested the morning of the rape after officers spotted him carrying items he'd stolen from the victim. A convicted sex offender, he'd just been released from prison and was visiting relatives.

Webb was sentenced to 54 years in prison in June 2007 after pleading guilty to three counts of sexual assault.

Suzanne Brei and Robert Zelms, the defense attorneys in the civil case, did not return phone calls seeking comment.

Pedestrian Critically Injured After Being Struck by Hit and Run Driver

dmonahan@jdllm.com (Blog Author)7080 — Sun, 07 Dec 2008 08:00:00 EST

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.

Philly Multi-SUV Accident Sends Three to Hospital

dmonahan@jdllm.com (Blog Author)7079 — Sun, 07 Dec 2008 08:00:00 EST

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.

Archbishop Testifies About Hiding Past Abuses of Sexual Predator Priests

dmonahan@jdllm.com (Blog Author)7064 — Sat, 06 Dec 2008 08:00:00 EST

Jeffrey Anderson, an attorney representing sexually abuse children, has released a video tape deposition of a retired Milwaukee Wisconsin archbishop who testified regarding his failure to protect abuse children. The video is available on YouTube. The transcript highlights the questioning of how a church leader dealt with priests who molested children. Retired Archbishop Rembert Weakland has testified that he moved such priests from one parish to another without alerting parishioners or notifying police, allowing the abuse to continue abated.

Massachusetts Diocese Settlement involved Arbitration where Church Waived Certain Defenses

dmonahan@jdllm.com (Blog Author)7063 — Sat, 06 Dec 2008 08:00:00 EST

The Diocese of Springfield Massachusetts has reached agreements with 59 men and women who came forward to speak of their past abuse by clergy and religious. Each had been invited to participate in a voluntary arbitration process. The claims of abuse date back to 1948. In addition to these financial settlements, all victims remain eligible to receive continuing counseling and assistance programs through the diocese. The Diocese had waived the statute of limitations and charitable immunity defenses which would have barred certain claims.

2 Seriously Injured in Bucks County Head On Crash

dmonahan@jdllm.com (Blog Author)7062 — Sat, 06 Dec 2008 08:00:00 EST

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.

There's no word on if anyone else was injured.

Ex-Priest in California Admits to Sexual Abuse of Minors

dmonahan@jdllm.com (Blog Author)6996 — Thu, 04 Dec 2008 08:00:00 EST

Ex-priest pleads guilty in child molest case

By GREG RISLING, The Associated Press

4:59 p.m. December 2, 2008

LOS ANGELES — A former Roman Catholic priest pleaded guilty on Tuesday to molesting a 12-year-old boy two decades ago.

George Miller, 70, of Oxnard entered his guilty plea in a San Fernando courtroom to one count of committing a lewd act on a child under the age of 14.

Miller also admitted to sexually assaulting three other boys whose cases couldn't be charged because of statute of limitation problems, prosecutors said.

Miller faces up to three years in prison when he is sentenced Jan. 30. His attorney, Steven Cron, did not immediately return a phone message seeking comment.

Miller pleaded guilty to a charge of molesting a boy between March 1988 and March 1989 while he was assigned to Guardian Angel Church in Pacoima. He was charged with six counts, but the remaining charges will be dropped after he is sentenced.

A call to the district attorney's office seeking further comment was not immediately returned.

Miller served in the Los Angeles Archdiocese until he was placed on inactive leave in 1997 after being accused of sexual abuse. He was ultimately laicized in 2005.

He was arrested and charged with molesting three boys in the 1970s and 1980s while assigned to the Pacoima church. But the case was dropped when the U.S. Supreme Court ruled that a California law extending the statute of limitations on sex crimes was unconstitutional.

Authorities arrested Miller in July 2007 after the victim in the ongoing case came forward. Miller had befriended the victim's mother and was a guest at the family home, taking the boy on overnight trips, authorities said.

Miller's arrest came about a week after the Los Angeles reached a $660 million civil settlement of claims by more than 500 alleged victims of clergy abuse.

Catholic Church Not Only Religious Organization that has issue with Sexual Abuse

dmonahan@jdllm.com (Blog Author)6993 — Thu, 04 Dec 2008 08:00:00 EST

Expose child sex abuse in the Orthodox Jewish community

By Marci Hamilton

Thursday, November 20th 2008, 6:50 PM

Most people think our culture offers no sympathy to perpetrators of child sexual abuse and goes to great lengths to protect victims. But in reality, sex criminals still get far too much protection and victims far too little help. The most recent reminder is the case of Assemblyman Dov Hikind, who is sitting on files that detail such abuse in the Orthodox Jewish community - including the names of 60 accused sexual predators.

Hikind isn't revealing the information to the authorities because, he says, his sources - the people who say they were victims - had sworn him to secrecy and are afraid of becoming outcasts in their community. But the case, and Hikind's excuses, only underline the need for urgent reform.

First, he says that most of the victims are in their late 20s or older, meaning the statutes of limitations have expired and no prosecution or civil lawsuit could be filed. Regrettably, that is true; state law mandates that criminal charges must be filed by the time a victim is 18 and civil claims by 23.

Second, Hikind maintains that the victims spoke to him in confidence. Again, this is correct. If Hikind were a doctor, police officer or one of the other professionals required by state law to report such abuse, he would be prohibited from refusing to inform authorities because of a deal with victims. He is not.

This is infuriating. In the name of protecting victims, a state assemblyman is shielding people accused of committing the most heinous crimes imaginable.

Enough is enough. First, the Brooklyn district attorney should convene a grand jury to investigate abuse within the Orthodox Jewish community - just as the district attorney did in Philadelphia to investigate the Catholic Archdiocese there.

Second, the state mandatory reporter law, which requires health care professionals and others to inform authorities of child abuse cases, must be amended to include elected representatives. There is no sound public policy that justifies permitting these officials to hoard such information to the detriment of children.

Most important, New York must enact Assemblywoman Margaret Markey's bill to extend the statute of limitations on child sex abuse and create a "window" - making it possible for those victims whose statutes of limitations have expired to file, for a set period of time, a civil lawsuit against perpetrators and the institutions that hid the truth.

Most victims need decades to come forward. Current deadlines virtually guarantee that predators are able to abuse many children before (and if) they get caught.

Across the country, a grass-roots movement advocating such window legislation is on the move. In 2002, California passed a one-year window. The result: more than 300 previously unnamed predators were identified.

New York must get in step before more children are victimized - with no legal recourse as far as the eye can see.

Hamilton is a professor at Benjamin N. Cardozo School of Law of Yeshiva University and author of "Justice Denied: What America Must Do to Protect Its Children."

New York Cop Outs His Former Teacher and Priest as Sexual Predator

dmonahan@jdllm.com (Blog Author)6992 — Thu, 04 Dec 2008 08:00:00 EST

Ex-NYPD officer to out Nazareth Regional High School teacher in sex abuse

BY MICHAEL O'KEEFFE
DAILY NEWS STAFF WRITER

Wednesday, December 3rd 2008, 1:58 AM

John Aretakis, a Manhattan attorney who has aggressively pursued clergy abuse cases on behalf of scores of clients, said the former cop will identify himself and discuss his allegations during a news conference in front of the Brooklyn Catholic high school Thursday.

The ex-cop decided to take a stand after recently attending his 20th high school reunion, where he learned the coach still worked at the East Flatbush school, Aretakis said. His client wants the coach fired from the school to protect current students from similar abuse.

"The teacher is a present danger to children and students," Aretakis said.

Aretakis declined to identify the coach but said his client will name him at the news conference.

Aretakis said the coach took his client and another boy to his summer home on the Jersey Shore in the mid-1980s, where he performed sexual acts on both of them. Last month, the former cop returned to the New Jersey town where the abuse allegedly took place and filed a complaint with local law enforcement officials. Aretakis said the report will be made available at the news conference.

Nazareth Principal Barbara Gil did not respond to requests for comment. The Xaverian Brothers, the Catholic order that runs Nazareth, did not return calls. Gil met with other school officials Tuesday evening to discuss how to respond to the allegations.

The former cop will be accompanied at the news conference by a retired NYPD detective and a Catholic priest, both victims of sexual abuse.

The Nazareth teacher is the second Catholic high school coach accused of sexual abuse in recent months. A family friend accused longtime Christ the King basketball coach Bob Oliva of abuse this year. Oliva has not been charged with a crime.

Federal Circuit Court Permits Sex Abuse Claim to Proceed against Vatican

dmonahan@jdllm.com (Blog Author)6956 — Wed, 03 Dec 2008 08:00:00 EST

Case Against Vatican Allowed by 6th Circuit Court

The 6th Circuit Court of Appeals in Cincinnati made a landmark decision last week by allowing a class-action lawsuit involving alleged sexual abuse by clergy against the Vatican to proceed. The lead attorney on the case, William F. McMurry, told The Wall Street Journal that "what the court has allowed us to do is proceed against the Vatican for the conduct of the U.S. bishops because of the bishops' failure to…report child abuse."

Legally, sovereign states have immunity from most American civil proceedings and the Vatican has tried to block this case and others like it on this basis. In her ruling, Judge Julia Smith Gibbons wrote that "The portions of plaintiffs' claims that are based upon the conduct of bishops, archbishops and Holy See personnel while supervising allegedly abusive clergy satisfy all four requirements of the tortious act exception," according to Agence France Presse.

The ruling allows the Vatican to be held liable for certain actions of church employees on the basis of their employment in the United States. In part, the ruling relied on a precedent set in the 9th Circuit court involving a Portland, Oregon sexual abuse case. A key piece of evidence in the case was a memo approved in 1962 by Pope John the 23rd that expressly directed bishops to treat cases of alleged abuse with strict secrecy, according to the AFP.

Barbara Blaine of The Survivors Network of Those Abused by Priests (SNAP) said that the ruling in the case was a positive move forward: "Anytime the Vatican can be held accountable it helps victims heal and helps victims to be empowered."

Media Resources: The Wall Street Journal 11/25/08; Interview with Barbara Blaine 12/2/08; National Catholic Reporter 6/16/06; Agence France Presse 11/25/08

Security Expert Predicts Increased Violence During Holiday Shopping due to Poor Economy

dmonahan@jdllm.com (Blog Author)6954 — Wed, 03 Dec 2008 08:00:00 EST

For shoppers concerned about their safety, this season has brought news both good and bad. The good news is that, as in years past, retailers have beefed up security to supervise large crowds seeking cut-rate holiday deals.

The bad news: In the past four days, America's retail stores and malls have seen several shootings and the trampling to death of a man caught in a stampede of overeager shoppers.

Security expert Ralph Witherspoon said the worst might not be over yet, which is due, in part, to today's slumping economy.

"People are out of jobs, and they still want to do something for their families for Christmas," he said.

Lack of Security May have been Factor in Philadelphia K-Mart Shooting

dmonahan@jdllm.com (Blog Author)6952 — Wed, 03 Dec 2008 08:00:00 EST

PHILADELPHIA (AP) — A Kmart worker was shot and critically wounded at a store loading dock Tuesday morning after he intervened in an argument between a co-worker and her boyfriend, police said.

The 35-year-old victim was shot three times, in the head, arm and chest, around 9:30 a.m., according to police. He was in critical condition at a hospital.

The gunman began arguing with his girlfriend outside the store and then followed her inside, according to police Lt. Frank Vanore. He followed her through the store and back to the loading dock, where he pulled out a handgun and opened fire, striking the employee who intervened, according to police.

Officers fanned out around the northeast Philadelphia store in search of the alleged gunman, identified by police as Daryl Anthony Birch, 30. A telephone listing for Birch could not immediately be located by The Associated Press.

Pennsylvania Student Killed in Car Crash

dmonahan@jdllm.com (Blog Author)6919 — Tue, 02 Dec 2008 08:00:00 EST

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.

Massachusetts Diocese Settles for $4.5 Million with 59 Clergy Sex Abuse Victims

dmonahan@jdllm.com (Blog Author)6917 — Tue, 02 Dec 2008 08:00:00 EST

Roman Catholic Diocese of Springfield pays $4.5 million to 59 clergy abuse victims

By STEPHANIE BARRY

SPRINGFIELD - The Roman Catholic Diocese of Springfield Massachusetts announced Tuesday it has paid $4.5 million to 59 clergy abuse victims after a lengthy arbitration process.

The settlements ranged from $5,000 to $200,000 and were paid Nov. 20, according to a statement released by the diocese. Victims who agreed to participate in arbitration were asked to fill out confidential questionnaires detailing their abuse and the impact on their lives.

The abuse claims date back to 1948, a diocesan spokesman said. Among the claims were 31 new ones against defrocked priest Richard R. Lavigne, who has been identified as a serial abuser during waves of lawsuits since the 1990s.

Also, a new complaint was settled against former Bishop Thomas L. Dupre, who resigned abruptly in 2004 after the Republican Newspaper questioned him about two men who previously accused him of sexual abuse during the 1970s.

Those men received payments after this negotiation, according to the diocese. Dupre personally contributed to a portion of those, diocesan spokesman Mark E. Dupont said.

The arbitration followed an $8 million settlement between the diocese and its insurance carriers, which had resisted covering millions of abuse claims.

Beaver County Times Argues for Driver Safety

dmonahan@jdllm.com (Blog Author)6901 — Mon, 01 Dec 2008 08:00:00 EST

Boston Priest Loses Appeal in Sexual Abuse Case

dmonahan@jdllm.com (Blog Author)6897 — Mon, 01 Dec 2008 08:00:00 EST

A court has rejected a new trial for a dismissed priest who was one of the central figures in Boston's clergy sex abuse scandal. Paul R. Shanley is serving a 12- to 15-year prison sentence after being convicted in 2005 of repeatedly raping and fondling a boy at a Newton parish in the 1980s. In his bid for a new trial, Shanley argued that his trial lawyer did not properly challenge the theory of repressed memory. The victim testified that he did not remember the sexual abuse until 2002, when memories came rushing back amid news coverage of the scandal. However, Judge Stephen Neel, who presided at Shanley's trial and heard his motion for a new trial, rejected that argument yesterday. (AP)

Sexual Abuse Survivor Calls for Legislative Reform in Maryland

dmonahan@jdllm.com (Blog Author)6896 — Mon, 01 Dec 2008 08:00:00 EST

Ava Miegdzinski, 58, who was sexually abused as a 4-year-old by a Hebrew school teacher in Providence, R.I. , stepped forward publicly for the first time at a recent meeting in Frederick Maryland at the C. Burr Artz Public Library to discuss the repercussions of her abuse, which she said included sterility. She said she intends to lend her voice in support of legislation that would extend Maryland's statute of limitations on lawsuits involving cases of child sexual abuse.

Victims of such abuse have criminal but not civil recourse after their 25th birthday in Maryland. In Pennsylvania the Statute of Limitations was extended to age 30 for victims of childhood sexual abuse. Studies show that only 10 percent of victims ever report childhood sexual abuse, and most who do wait until they are well into adulthood. As a result, prosecutors aren't likely to take on cases involving sexual abuse that allegedly took place decades ago, victim advocates said, thus the need for civil remedy.

The local meeting was sponsored by Child Victims Voice of Maryland, a coalition working to abolish the state statute of limitations on lawsuits in cases involving child sexual abuse, and The Awareness Center, a Jewish coalition against sexual abuse and assault.

The proposed legislation has two components: extending the statute of limitations and providing a two-year window for victims of any age to come forward.

The typical child sexual predator, according to some studies, will molest more than 100 children over the course of a lifetime.

Mall Shooting in Georgia Injures Two

dmonahan@jdllm.com (Blog Author)6894 — Mon, 01 Dec 2008 08:00:00 EST

Two unidentifed victims were shot inside the Greenbriar Mall in soutwest Atlanta over the weekend when thousands normally begin their traditional Christmas shopping.

Police reported that three or four shots were fired and when the gunfire ended, two people were injured with wounds to their legs who were then taken to Grady Memorial Hospital.

According to the general manager there were additional officers posted, including bike units, because of the holiday shopping. He say this shooting happened despite security presence.

Restaurant Worker Killed by Irate Customer

dmonahan@jdllm.com (Blog Author)6893 — Mon, 01 Dec 2008 08:00:00 EST

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.

Two Penn State Altoona students die in car collision

dmonahan@jdllm.com (Blog Author)6892 — Mon, 01 Dec 2008 08:00:00 EST

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.

College Student Sexually Assaulted at School Permitted to Bring Claim Against University under Federal Statutes

dmonahan@jdllm.com (Blog Author)6834 — Sat, 29 Nov 2008 08:00:00 EST

On February 11, 2008 the Court of Appeals for the State of Washington provided victims of campus violence with an avenue to seek damages for victims of rape and sexual assault under the legislation passed by the United States Congress in the early 1970’s known as Title IX.

In the case, the victim of rape by a fellow student and member of the football team for the University of Washington alleged that the actions of University officials following her report of rape, couple with the trauma of the rape, deprived her of her right to be free from sex discrimination in education programs, thus violating Title IX of the Education Amendments of 1972. Reversing the decision of the lower court, the Court of Appeals found that there was sufficient evidence to warrant the jury’s consideration of her Title IX claim.

Following the U.S. Supreme Court’s decision in Davis v. Monroe County Board of Education, the Court in Washington found that where the victim can demonstrate (1) sexual harassment which was so severe, pervasive, and objectively offensive that it could be said to deprive the victim of access to educational opportunities or benefits provided by the school, (2)where the university as a recipient of federal funding had actual knowledge of the sexual harassment, and (3) where the university was deliberately indifferent to the harassment, a cause of action existed.

In the University of Washington case, the Court found that the victim submitted sufficient evidence of her distress, anxiety, and emotional hurt that interfered with her studies. She provided evidence that the enjoyment of student employment opportunities was compromised by university official. All of this evidence supported her claim that the university’s handling of her rape report resulted in her being denied the full benefit of her educational experience.

Crime Victims of Sexual Assault by Teachers, Coaches, and Counselors Can Seek Civil Damages

dmonahan@jdllm.com (Blog Author)6548 — Tue, 25 Nov 2008 08:00:00 EST

MontCo. Coach Arrested For Sexual Assault

LOWER POTTSGROVE, Pa. (CBS 3) ? A Montgomery County volleyball coach has been arrested for inappropriate sexual contact with a minor. William Gordon III faces several charges, including aggravated indecent assault and endangering the welfare of a child. Authorities say Gordon, 38, works as a coach and person trainer in Lower Pottsgrove Township.

Between the months of April and November 2008, investigators said Gordon engaged in a sexual relationship with a minor that he coached. The minor was 15-years-old when the alleged sexual acts began. The inappropriate acts reportedly took plate at Gordon's home and in a park. A preliminary hearing is scheduled for December 1, 2008.

Under recent changes to the Statutes of Pennsylvania, the Statute of Limitations (the time within which to file a civil suit for damages on behalf of the injured victim) for minors has been extended to age (30) thirty.

6th Circuit Court of Appeals lets Vatican sex-abuse case proceed

dmonahan@jdllm.com (Blog Author)6523 — Mon, 24 Nov 2008 08:00:00 EST

By BRETT BARROUQUERE Associated Press

LOUISVILLE, Ky. (AP) — A lawsuit can continue against the Vatican alleging that top church officials should have warned the public or authorities of known or suspected sexual abuse of children by priests in the Archdiocese of Louisville, a federal appeals court ruled Monday.

The 6th U.S. Circuit Court of Appeals gave the go-ahead for the lawsuit filed by three men who claim priests abused them as children. They allege the Vatican orchestrated a decades-long coverup of priests sexually abusing children throughout the U.S.

Louisville attorney William McMurry is seeking class-action status, saying there are thousands of victims nationally in the scandal that haunts the Roman Catholic Church. He is seeking unspecified damages from the Vatican.

"This is an enormously huge moment," McMurry said. "We're finally going to get to the root of the problem."

Jeffrey Lena, a Berkeley, Calif.-based attorney for the Vatican, said the appeals court's decision narrows the plaintiffs' case because the court upheld dismissing several issues.

"It's gratifying to see the hard work the judges put into the opinion," Lena said.

Lena declined to say if he would appeal the decision. McMurry said he expects the case to wind up before the U.S. Supreme Court.

Several lawsuits around the country have sought damages against the Vatican, but many have been bounced around in lower courts. Attorneys for both sides say the Louisville case is unique.

It centers on a 1962 directive from the Vatican telling church officials to keep under wraps sex-abuse complaints against clergy. The document became public in 2003. McMurry claims that document makes the Vatican liable for the acts of clergy whose crimes were kept secret because of the directive.

U.S. District Judge John Heyburn II ruled in January 2007 that the men may pursue their claim that church officials should have sent out warnings about abusive clergy. But the judge also dismissed a large chunk of the lawsuit.

The appeals court upheld Heyburn's decision to dismiss claims that the Holy See was negligent in failing to provide safe care to the children entrusted to the clergy, along with claims of deceit and misrepresentation by the Vatican.

McMurry also sought to depose Pope Benedict XVI, but Heyburn rejected the request. With Monday's ruling, McMurry said, he would seek documents and possibly renew efforts to depose the pontiff.

"We will get to the bottom of this," said McMurry, who represented 243 sex abuse victims that settled with the Archdiocese of Louisville in 2003 for $25.3 million.

Appeals Judge Julia Smith Gibbons, who authored the 20-page opinion, rejected part of the lawsuit that challenged the constitutionality of the U.S. Foreign Sovereign Immunity Act, which generally gives immunity to foreign countries from most civil actions. McMurry contended that the Vatican as a country and the religious institution were separate, but Gibbons said they are legally the same.

"Consequently, we reject plaintiffs' contention that they are not suing the Holy See that has been recognized by the United States government, but a parallel non-sovereign entity conjured up by the plaintiffs," Gibbons wrote.

The decision makes it tougher for plaintiffs to sue the Vatican as a religious institution without first overcoming the restrictions under the foreign immunity law.

Delaware County Motorcycle Accident Cases Settles in Philadelphia

dmonahan@jdllm.com (Blog Author)6492 — Mon, 24 Nov 2008 08:00:00 EST

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.

Deadly Accident Closes Roosevelt Blvd early November 24

dmonahan@jdllm.com (Blog Author)6491 — Mon, 24 Nov 2008 08:00:00 EST

Deadly Crash Closes Part Of Roosevelt Blvd.

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.

dmonahan@jdllm.com (Blog Author)6473 — Sun, 23 Nov 2008 08:00:00 EST

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.

One Car Accident in Port Richmond Section of Philadelphia Sends Four to Hospital and Leaves Driver Dead

dmonahan@jdllm.com (Blog Author)6472 — Sun, 23 Nov 2008 08:00:00 EST

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.

Brooklyn Politician Raises Spector of Sexual Abuse in the Jewish Orthodox Community but refuses to name names

dmonahan@jdllm.com (Blog Author)6471 — Sun, 23 Nov 2008 08:00:00 EST

A Brooklyn assemblyman, Dov Hikind, said that after he broached the subject of child molestation among Orthodox Jews on his radio show this summer, dozens of people came forward with stories about children being molested in the Orthodox community. As many as four people a day have come to him over the past three months with painful accounts of secrets often kept for decades, accusing more than 60 perpetrators, he said.

But according to WABC in New York, he said he won't breach victims' trust by disclosing the private exchanges to prosecutors - or to a lawyer who subpoenaed him in a civil case against a school accused of concealing abuse.

Rather, the outpouring has spurred him to work on devising mechanisms within the Orthodox world for reporting sex abuse and sharing information on school staffers' previous postings. He aims to present a plan to rabbis this winter.

Critics have said sex abuse claims are sometimes handled quietly in Orthodox rabbinical courts, rather than being reported to authorities, though Orthodox leaders are hardly alone in trying to keep such allegations private. For decades, Roman Catholic leaders often transferred predatory clergy among parishes without telling parents or police. In a 2007 nationwide investigation of sex abuse by teachers, The Associated Press discovered efforts to stop individual offenders but, overall, a deeply entrenched resistance toward recognizing and fighting abuse.

Some sexual abuse cases involving Orthodox Jewish schools have spilled into the secular legal system in Brooklyn. In one of the most notorious, Rabbi Yehuda Kolko was charged with sexually abusing boys at an Orthodox school. He admitted no sexual wrongdoing and pleaded guilty in April to a misdemeanor child endangerment charge. Kolko was sentenced to three years of probation and has been dismissed from the school, said his lawyer, Jeffrey Schwartz. The school's lawyer didn't immediately return a telephone call.

Six former students are suing the school, saying it covered up Kolko's misdeeds. Their lawyer subpoenaed Hikind this month, seeking to find out whether he learned anything relevant to the case during his impromptu fact-finding about sexual abuse among the Orthodox.

Brooklyn prosecutors say they are open to hearing the claims, and Hikind said he encourages those who confide in him to talk to the authorities. But none will, he said, for fear of ostracism from a community worried about being stigmatized.

Pennsylvanian Tragically Killed in Car Crash with Truck parked on road in while out conditions

dmonahan@jdllm.com (Blog Author)6470 — Sun, 23 Nov 2008 08:00:00 EST

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.

Shanksville Motorcyclist dies after collision with Truck who pulled out from Stop Sign

dmonahan@jdllm.com (Blog Author)6334 — Wed, 19 Nov 2008 08:00:00 EST

Motorcyclist hurt in wreck dies

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.

Thanksgiving Holiday has more Drunk Drivers on the road than even New Year's Eve

dmonahan@jdllm.com (Blog Author)6317 — Tue, 18 Nov 2008 08:00:00 EST

A Little Known Drunk Driving Fact

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.

Pittsburgh Civil Lawsuit on behalf of rape victim against shopping mall goes to Trial

dmonahan@jdllm.com (Blog Author)6267 — Mon, 17 Nov 2008 08:00:00 EST

According to the Pittsburgh Post-Gazette, jury selection starts on November 18, 2008 in a civil lawsuit between a rape victim and the company that manages Waterworks Mall.

The victim claims J.J. Gumberg Co. provided "wholly inadequate" security at the mall, leaving her vulnerable to a man who kidnapped her and later raped her three times.

The rapist waited in the Waterworks parking lot the morning of April 7, 2007, then accosted the woman and her 16-month-old daughter after they finished grocery shopping. He held a knife to the baby's throat and forced the woman to drive him to Ohio where the rapes occurred.

The woman and her husband are seeking monetary damages from Gumberg. In court filings, Gumberg's attorneys said the couple's lawsuit has no merit.

"It is denied that J.J. Gumberg knew Waterworks Mall attracted an unusually high incidence of crime, or that it failed to take action with regards to reasonable threats. To the contrary, J.J. Gumberg acted reasonably at all times," their lawyers said.

Gumberg's lawyers previously tried without success to force the woman to disclose her real name in the lawsuit. Common Pleas Judge Christine Ward ruled that the woman and her husband could sue Gumberg under the pseudonyms Jane and John Doe. The couple, from Fox Chapel, said revealing their real names would cause them unnecessary embarrassment.

Improve Your Security at Home with 3 simple suggestions

dmonahan@jdllm.com (Blog Author)6052 — Mon, 10 Nov 2008 08:00:00 EST

Three simple tips which can help you and your family avoid becoming the victims of a burglary.

1. Make your house look lived-in

Burglars use cues to help them choose a house to target. These cues include:
-         an accumulation of flyers, newspapers or mail;
-         snow covered walkways or driveways;
-         lawns in need of maintenance; and
-         unkempt bushes which obstruct the view of an entrance.

Eliminate as many of these cues as possible, and try to make sure a neighbor takes care of things for you, if you’re away for an extended period of time.

2. Mark your property items

permanently mark your valuables with a unique identifying number, such as a driver’s license number (never use a social insurance number).

3. Install a high-quality lock

A surprising 26% of all burglaries occur through the front door, largely due to inadequate locks. Improve your home’s safety by installing a good quality dead bolt with a one-inch latch and security strike plate. The security strike plate should feature a minimum of four holes and should be installed with a wood screw, measuring no less than 2 ½ inches.

Brady Center Sues Utah Gun Shop that Illegally Sold Firearm to Shooter in Shopping Mall Massacre

dmonahan@jdllm.com (Blog Author)6009 — Fri, 07 Nov 2008 08:00:00 EST

The Brady Center is suing a Utal gun dealer who illegally armed an eighteen year old shooter with a pistol grip shotgun. The dealer, Sportsman's Fash Cash Pawn, sold the shotgun to Sulejman Talovic, who used it to kill five people and wound four others in a shooting spree at a popular Utah shopping mall. Talovic first opened fire in the parking lot and then entered the mall and began killing again.

The Brady Center's lawsuit contends that the gun dealer is liable and responsible for the deaths and injuries because Talovic should have never been sold the dangerous high firepower pistol grip shotgun he used in the shooting spree and was only able to obtain the weapon because the gun dealer violated federal law.

Talovic purchased the gun when he was eighteen and under federal law a shotgun lacking a shoulder stock like this one and with a pistol grip can not legally be sold to anyone who the seller had a reasonable basis to believe is under twenty one years of age.

The case is scheduled for trial in early 2010 in Salt Lake City, Utah.

State of Pennsylvania agrees to settle for $12.5 million with the father of a 12 year old boy who was fatally shot when he hopped out of a stolen vehicle

dmonahan@jdllm.com (Blog Author)6008 — Fri, 07 Nov 2008 08:00:00 EST

The State of Pennsylvania has agreed to settle with the father of a 12 year old boy who was shot by state troopers after he hopped out of a stolen car. Previously, a federal jury had awarded the boy's father more than $28 million including $24 million in punitive damages. The police had appealed arguing that the punitive damages were excessive. The case settled before a decision was made on appeal.

The boy was unarmed when he was shot during a chase on Christmas Eve 2002 south of Pittsburgh. The troopers, who were not believed, claimed that only one of them shot the boy and only because one believed that the boy had already shot the partner.

Woman dies in tragic Downingtown Accident at Chestnut Street and Lancaster Avenue

dmonahan@jdllm.com (Blog Author)6007 — Fri, 07 Nov 2008 08:00:00 EST

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.

Your Home May be Your Castle But Landlords Have Limited Liability, If Any, in Pennsylvania For Criminal Acts of Third Parties

dmonahan@jdllm.com (Blog Author)5926 — Tue, 04 Nov 2008 08:00:00 EST

A very brave and courageous woman called our office the other day because her landlord was suing her for the damage to the house she was renting which happened to have been caused by two burglars who tried to break into her house, shot the woman ten times through a poorly secured door in a known dangerous neighbor in Coatesville, Pennsylvania.

The woman sustained serious and permanent injuries but she says she was lucky because her quick thinking probably kept her two kids from getting shot and possibly killed too. When burglars tried to kick in her back door, the woman acted quickly, even after being shot, to get on the ground and put her feet up against the poorly secured door to prevent the burglars from further entry. She was shot repeatedly again but when her boyfried arrived, the burglars left. Several weeks later, the burglars were at it again at a motel in West Chester when they were confronted by police and one of them was killed in a gun battle. The other burglar remains in custody.

With over $200,000 in unpaid medical bills, lost wages and her landlord suing her, the woman was referred to us by a local Crime Victims' Advocate organization to see what other rights she might have. We are helping her with the landlord tenant issues, but unfortunately we had to advise her that no cause of action existed against the landlord for failing to provide a safe rental property.

In 1984 the Pennsylvania Supreme Court in Feld v. Merriam denied a claim where a resident was assault in her apartment's parking garage. The Court held that a residential landlord cannot be civilly liable for a crime attack which occurred in a private area not open to the public. Absent an agreement to provide security or undertaking to provide security and then negligently performing that, the Court found no liability on the part of the apartment owner.

The exceptions in these cases need to be considered. But for this woman, no such exception existed.

Fatal Stabbing at Vy Da Sports Club in South Philadelphia Demands Immediate Investigation If Lawsuit Against the Bar is Considered

dmonahan@jdllm.com (Blog Author)5894 — Mon, 03 Nov 2008 08:00:00 EST

In the early morning hours of November 2, 2008 two men were knifed, one fatally, in a fight outside the Vy Da Sports Club in South Philadelphia, following a fight outside the club around 1 a.m.

The question of whether the Club owner has any responsibility or liability for these murders will be determined by quick and competent investigation of the circumstances of the fight and whether the premises had inadequate security in place that would have prevented the killings.

In any case involving inadequate security of premises, where it's a Club like Vy Da Sports, a parking lot, bar, apartment complex or other premise, investigators need to consider the following:

1. Current Code Violations
2. Past Code Violations
3. Multiple Premise Violations in the past
4. Interviews with former tenants and former employees
5. Internal and external marketing materials about the premises
6. Advertisements in local community papers, brochures and magazines about the premises

This type of early investigation could make the case that adequate security precautions because of known risks to the owner of Clubs such as Vy Da Sports would have prevented these assaults that ended up with one patron dead.

Church Youth Group Volunteer at Bucks County First United Methodist Church Charged in Sex Case Involving Minors

dmonahan@jdllm.com (Blog Author)5868 — Sat, 01 Nov 2008 08:00:00 EST

A former top attorney for the Bucks County District Attorney's Office was charged on October 30, 2008 with having a sexual relationship with a minor while volunteering in a church youth group at the First United Methodist Church in Perkasie, Bucks County, according to a Philadelphia Inquirer news article.

The former prosecutor was discovered partially dressed with a 17 year old boy at about midnight September 5. The abuser has admitted to a sexual relationship along with supplying alcohol and smoking marijuana with various minors.

Contrary to popular misconceptions, sexual predators like this come from all segments of society and are not self identifying. Although the Church has reported that a criminal background check and child abuse clearance had been performed on the offender four years ago, crime victims looking into the possibility of a civil law suit should immediately consider hiring an experienced investigator and attorney with knowledge of this area of the law. These types of experts have the ability to tap into a vast amount of resources to begin investigating the possible liability of anyone who was involved or facilitated the sexual abuse of these minors.

Brady Center to Prevent Gun Violence files Amicus Brief Asking U.S. Supreme Court to Prohibit Convicted Domestic Violence Abusers to Possess Guns

dmonahan@jdllm.com (Blog Author)5691 — Sun, 26 Oct 2008 08:00:00 EST

The Brady Center to Prevent Gun Violence filed a "friend of the Court" brief with the United States Supreme Court on June 16, 2008 urging the Court to reverse an appeals court ruling allowing convicted domestic violence abusers to possess guns.

The Supreme Court will consider this case in this term which began the first week of October of this year. The case will likely be the first case the Court will hear following its Second Amendment decision in District of Columbia v. Heller. If upheld, the lower court ruling could require the names of thousands of dangerous, convicted abusers to be purged from the Brady background check system.

The Brady Center's Brief was joined by ten national law enforcement organizations. The brief provides the Court with studies highlighting the extreme danger posed by domestic violence abusers armed with firearms. On average, more than three people are killed by intimate partners every day in this country, and the number of homicides by intimates with handguns has increased. When firearms are involved in domestic incidents, the abuse is twelves times more likely to result in death. The mere presence of a firearm in the house of an abuser makes an abused woman at least six times more likely to be killed that other abused women. In addition, statistics show that the safety of law enforcement is also jeoparized and that 81% of law enforcement officers were killed while responding to domestic disturbance calls between 1996 and 2005.

Ex-Jesuit Priest from Illinois Convicted in Sexual Abuse Case

dmonahan@jdllm.com (Blog Author)5680 — Sat, 25 Oct 2008 08:00:00 EST

Donald J. McGuire, 78, a Jesuit priest who was only defrocked in February 2008 was convicted in Federal Court in Chicago of engaging in sexual activity with a teenage boy who accompanied him on religious trips to Europe and Minnesota in 2000 and 2002, acording to an article in the New York Times.

Described by prosecutors as a "wolf in sheep's clothing" evidence was presented that showed that McGuire started abusing his victim in 1999 at the age of 13. Mr. McGuire who taught at Loyola Academy a Jesuit preparatory school in suburban Chicago directed retreats for laypeople and members of Mother Teresa's religious order.

Crash Kills Two Lincoln University Teens

dmonahan@jdllm.com (Blog Author)5667 — Fri, 24 Oct 2008 08:00:00 EST

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.

Downingtown Pennsylvania Student Tragically Dies in 2 Vehicle Crash

dmonahan@jdllm.com (Blog Author)5666 — Fri, 24 Oct 2008 08:00:00 EST

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.

Leaders of Survivors Network of Those Abused by Priests and BishopAccountability.org Criticize New York Catholic Prep School for Harboring Priests who were Sex Abusers

dmonahan@jdllm.com (Blog Author)5665 — Fri, 24 Oct 2008 08:00:00 EST

The New York Times reported on October 22, 2008 that two groups that advocate for sex-abuse victims, the Survivors Network of Those Abused by Priests (SNAP) and BishopAccountability.org, identified two priests that were permitted to live until recently on the campus of Fordham Preparatory School in the Bronx. The groups criticized the school administration for allowing the priests to reside there for years after the abuse complaints were made known.

One abuser's case was resolved in 1997 but school officials and the archdiosese refused to confirm the terms of the settlement agreement. The other priest was recently sued by Richard Cerick, a former student at Fordham Prep and now a lawyer in New York, for the abuses that occurred in late 1968. The priest has since died but Cerick said that even though he reported the crime three years ago, the priest was permitted to continue to work and reside on Fordham's campus.

Stabbling Outside Philadelphia Center City Night Club Needs Immediate Investigation If Claim Against Owner Is Considered

dmonahan@jdllm.com (Blog Author)5233 — Fri, 10 Oct 2008 08:00:00 EST

A 25 year old man was stabbed and in critical condition at Thomas Jefferson University Hospital after he was stabbed in the stomach with a 12-inch knife. The incident took place after an altercation that took place while leaving "Bump", a "luxe lounge" in Center City Philadephia at 13th and Locust Streets.

If a case of inadequate or lax security is to be considered, the first task after performing a preliminary screening of the claim is to determine the level of crime in the attempt to determine foreseeability of this crime to the potential defendants. To do this, police reports of the crime on the premises (first) and in the surrounding areas (second) must be obtained. The first source of crime record data are the printout of calls for service or "grids" and then obtaining the police reports of the crimes to get the specifics of the crimes. Lastly, the internal records of the potential defendant will eventually have to be reviewed.

All of this involves prompt investigation by qualified experts.

Department of Education Releases Report Calling for Increased Safety and Security Measures at College Campuses

dmonahan@jdllm.com (Blog Author)5204 — Thu, 09 Oct 2008 08:00:00 EST

A report by the Massachusetts Department of Education called for its colleges and the University of Massachusetts to respond to the potential of "serious violence" on public school campuses across the state. Currently, state public higher education officicals are considering whether to implement the proposed safety and security measures. Since 1990, 13 separate incidients like the one at Virginia Tech have occured across the United States. Such tragedies require bolstering campus security especially for more prevalent crimes such as sexual assaults and other violence, according to the Department's report. The report made more than two dozen recommendations to improve school safety including identifying at risk students, providing necessary mental health assistance, upgrades to campus security systems and establishing plans to respond to on campus emergencies. In addition, researchers have reommended that sworn college police officers be permitted to carry guns, be trained to deal with a situation where someone is shooting people in a campus building like what occured at Virginia Tech, and have equipment to break into locked rooms and buildings.

Philadelphia Jury Awards $5.5 million for Family Members of Slain Hahnemann Hospital Parking Lot Attendant

dmonahan@jdllm.com (Blog Author)5201 — Thu, 09 Oct 2008 08:00:00 EST

A Philadelphia jury awarded $5.5 million for the family of a man shot to death in 2006 at a Hahnemann University Hospital parking-lot booth in a case that apparantly revealed an appalling lack of security according to the attorneys who tried the case for the surviving family. After the jury reached a decision in September 2008, the family's attorney advised the media that the security breaches were truly staggering for any institution let alone a hospital. The victim, a 18 year old Roman Catholic High School graduate and the son of a Philadelphia police officer, was killed after being shot in the chest during an attempted robbery in the lot on Race Street near Broad in Center City.

While spokesmen for the Hospital expressed sympathy for the family after the tragic events, the slain victim's attorney criticized what he found to be the lack of security measures at the parking lot especially considering that an armed robbery had taken place at the same booth just 12 days before his client was murdered.

Evidence presented at trial revealed that Hahnemann failed to make the cashier's booth bulletproof and failed to change the parking lot system to operate unmanned during the unsafe night hours. Furthermore, although security patrols were increased, evidence showed that the last time was at 7:56 p.m., over two and a half hours before the victim was killed. In addition, a surveillance camera that overlooked the cashier's booth wasn't even being watched by anyone in security.

Price of Human Life Calculated Every Day

dmonahan@jdllm.com (Blog Author)5198 — Thu, 09 Oct 2008 08:00:00 EST

The idea that no price is too high to pay to save a single life is a commonly held point of view. But not in Washington D.C. apparently. Inside the Beltway, they take a very stubborn approach to the value of human life. Recently, the Environmental Protection Agency downgraded its estimated value of a life for $8 million to $7.22 million. On the other side of town, meanwhile, the Department of Transportation raised its calculation from $3 million to $5.8 million. And the Consumer Product Safety Commission held its estimate right where it was at $5 million. Government agencies use these estimates to evaluate the merits of choices they make. They're also something to consider when injuries consumer and workers are asking "How much is my life worth" in a personal injury case.

Michigan Jury Awards $3.69 million to Victim who was sexually abused for years

dmonahan@jdllm.com (Blog Author)5136 — Tue, 07 Oct 2008 08:00:00 EST

The American Association for Justice reported in its October 2008 Law Reporter that a Michigan woman was awarded $3.69 million, including $990,000 for past pain and suffering and the rest for future pain and suffering against a restaurant owner who had sexually abused her beginning when she was 11 years old. At 23 the woman began suffering flashbacks and required therapy for posttraumatic stress disorder, dissociative disorder, and depression.

Plaintiffs like this woman, however, may suffer an additional injury when they attempt to collect their judgments. Many insurance companies try to avoid paying claims stating that insurance coverage is excluded for these types of injuries. Fortunately, for residents of Pennsylvania the Supreme Court held in 2006 that when a Complaint alleges injuries that could be covered under the policy of insurance, it is the duty of the insurance company to defend until such time as the claim is confined to a recovery that the policy does not cover.

New Medical Study Shows Hip Replacements Need to be Redone in 1 out of 75

dmonahan@jdllm.com (Blog Author)5135 — Tue, 07 Oct 2008 08:00:00 EST

British researchers reported last month in the journal PLoS Medicine that 1 in 75 new joint replacements must eventually be redone. Given the skyrocketing number of first time hip and knee replacement which is expected to go from 478,000 knee replacements a year currently to an expected 3.4 million per year by 2030 as the population ages, and 234,000 total hip replacements that is expected to more than double in the same time, younger patients are more likely to outlive their artificial joints. Plus revisions require longer operations as surgeons hunt for usable bone and they also cost more. In addition, another new study warns about what athletic activity patients should try after recovery.

In a case that I am currently handling involving a man in his early 40's who slipped and fell on ice that the owner let melt and freeze over a period of three days without admittedly ever placing sand or salt on the surface where hundreds of pedestrians walked each morning, the prospect of further hip replacement over the course of his life represents a real possibility after he suffered a fractured hip in the fall. In addition, the man runs additional risks of developing complications from the hip fracture including failure of the hardware used to fix the fracture, infections to the fracture site, and what is known as avascular necrosis which might further necessitate hip replacement.

Owners of Parking Lots and Established Public Areas Have a Duty to Protect Invitees from Forseeable Risk of Harm

dmonahan@jdllm.com (Blog Author)5134 — Tue, 07 Oct 2008 08:00:00 EST

On Sunday, October 5, 2008 an unknown rapist assautled a woman in a party bus parked at Lincoln Financial Field in South Philadelphia during the Eagles football game against the Washington Redskins. The assaulted woman according to newspaper accounts left the game to rest in the party bus. Seeking help in finding the bus from a man who appeared to be an event staffer who was wearing a bright yellow vest, she was escorted by the man to the bus where she fell asleep. Later, according to police, the man returned and sexually assaulted the woman.

Pennsylvania Courts have consistently adopted the Restatement of Torts §344 which holds that property owners, such as owners of parking lots here, must provide reasonable measures to control the conduct of third persons, or to give adequate waring to enable patrons to avoid possible harm. Responsibility on the part of the owner will be imposed when they either fail to take reasonable care to discover dangerous conduct of third persons which is likely to occur or fail to take reasonable care to provide appropriate precautions.

Cases such as these require immediate investigation to determine whether the parking lot owner has breached that duty and whether the risk of harm was foreseeable. According to Security Expert Chris E. McGoey the concept of crime foreseeability has been the subject of great confusion around the country. He writes that when assessing crime foreseeability, three factors need to be considered: (1) the nature of the premise, (2) crime demongraphics, and (3) location.

Monahan Law Practice Publishes December 2008 Newsletter

dmonahan@jdllm.com (News Author)6715 — Wed, 17 Dec 2008 08:00:00 EST

The most recent Newsletter of Monahan Law Practice is now available for distribution by CALLING 866-307-3888 or downloading the Newsletter directly from the website.

Tavern Owner Settles with Patron Beaten by Bar's Bouncer

dmonahan@jdllm.com (News Author)6331 — Fri, 14 Nov 2008 08:00:00 EST

In Nichols v. Navarro the parties reached a settlement for $200,000 for the fractured ankle that a patron sustained after a bouncer at the bar assaulted him after he made inappropriate and racial comments to the patron's girlfriend. Under a theory that the owner was responsible for the actions of its employees and for failing to properly supervise the bouncer, the bar owner agreed to resolve the case rather than face an Illinois jury. The Plaintiff was represented by Regina Etherton of Chicago, Illinois.

Parents of student raped and killed in dorm at Eastern Michigan University Settles for $2.5 million before suit filed

dmonahan@jdllm.com (News Author)6332 — Fri, 14 Nov 2008 08:00:00 EST

Plaintiffs' Attorneys Bruce W. Gee and Robert J. Longstreet were successful in settling with E. Michigan University's insurance company for $2.5 million before suit was was filed by the parents on behalf of the young woman's estate.

The 22 year student was raped and killed in her dorm room at the university she attended. The parents were first notified that the death seemed to be accidental even though she was found half nude with bruising and a pillow over her face.

Neither the victim's parents nore the campus community was notified that the death was a homicide until 10 weeks after she died. The federal government fined the university $357,000. The parents settled for $2.5 million claiming that the university violated federal law by not immediately notifying the community of the nature of the crime. The girl's parents also claimed that the university failed to have adequate security since there had been an increase in crime on campus during the previous two years which the school had not addressed.

National Crime Victims Bar Association member Jeffrey R. Anderson, Esquire settles with Archdiocese of Chicago for 16 sexually abused individuals

dmonahan@jdllm.com (News Author)6333 — Fri, 14 Nov 2008 08:00:00 EST

Nationally recognized attorney Jeffrey R. Anderson settled with the Archdiocese of Chicago on behalf of 16 individuals who were sexually abused as minors by 16 Roman Catholic priests. The suit alleged that the archdiocese failed to protect the minors against the alleged abuse despite have actual knowledged of it.

Find Out How Insurance Companies Use Trickery to Deny Legitimate Claims

dmonahan@jdllm.com (News Author)6309 — Wed, 12 Nov 2008 08:00:00 EST

The American Association of Justice (AAJ) has just released a consumer report "Tricks of the Trade" on how insurance companies deny, delay, confuse and refuse to pay legitimate insurance claims. Copies of this report are free to the public and can be downloaded from this website under the General Category Library.

Dan Monahan forms Non-Profit to Provide Free Legal Information to Crime Victim Advocates, Victims of Crime and the General Public

dmonahan@jdllm.com (News Author)6194 — Sat, 01 Nov 2008 08:00:00 EST

In an effort to provide a center for the collection of important legal information about the civil remedies available to victims of crime who have physically abused and assaulted, psychologically damaged, or murdered due in part to the negligence of other parties, Dan Monahan has formed the Crime Victims' Information Center of Pennsylvania. The organization's website can be found at www.cvicpa.org.

Already various state wide organizations have joined the organization as service providers and advisors to coordinate a wealth of information for victims of crime seeking additional justice through the civil justice system.

The organization provides free of charge a Crime Victim's Guide for Recovering Damages, the website mentioned above and a monthly newsletter about changing important topics of interest. Anyone interested in receiving copies of this information may do so through the website at www.cvicpa.org.

dmonahan@jdllm.com (News Author)6102 — Sat, 25 Oct 2008 08:00:00 EST

Dan Monahan attends National Crime Victims' Bar Association National Conference in Chicago

dmonahan@jdllm.com (News Author)6103 — Sat, 25 Oct 2008 08:00:00 EST

Dan Monahan attended an intensive two day workshop and seminar in Chicago Illinois on October 19 and 20 where speakers from across the country addressed issues important to attorneys who represent victims of crime. Included in the seminar was a book signing cocktail party for author Marci Hamilton, a professor of law at Benjamin Cardozo Law School and New York who has recently completed a book Justice Denied: What America Must Do to Protect Its Children. Ms Hamilton calls for the elimination of all statutes of limitations of victims of childhood sexual abuse.

Topics discussed at the seminar included Clergy Sexual Abuse, Gun Manufacturers and Sellers Liability, Representing the Sex Abuse Victim in cases against Teachers and School Districts, Overcoming the School and University Immunity Defense, Maximizing Damages in a Negligent Security Case, and presenting evidence of tragic violence at trial among other topics.

Dan Monahan joins National Bar Association for Crime Victims

dmonahan@jdllm.com (News Author)5777 — Tue, 23 Sep 2008 08:00:00 EST

Dan Monahan announced that he had become affiliated with the National Crime Victim Bar Association (NCVBA) in January 2008. The NCVBA provides technical support for attorneys representing crime victims in civil actions, refers crime victims to lawyers in their local area, and works to increase genral awareness about the availability of civil remedies for victims of crime.

Dan will be attending the 2008 National Conference in Chicago, Illinois on October 19 and 20 where the Association will be addressing a variety of topics on Civil Actions for Criminal Acts.

Dan Monahan named "Board Certified Civil Trial Advocate" by the National Board of Trial Advocacy

dmonahan@jdllm.com (News Author)5776 — Tue, 23 Sep 2008 08:00:00 EST

In July 2007 the National Board of Trial Advocacy certified Dan Monahan as a Board Certified Civil Trial Advocate. The Board (NBTA) was created in 1977 in the public interest to identify lawyers who demonstrate that they are skilled, capable, and ethical trial lawyers. Accredited by the American Bar Association and recognized as the only organization by the Pennsylvania Supreme Court to certify attorneys, the National Board of Trial Advocacy maintains rigorous standards for the certification of civil, criminal, family law and social security disability advocates.

In order to be certified by the organization, lawyers must successfully meet the following criteria:

1. They must submit a list of names of judges and lawyers who are contacted by the NBTA to independently verify the lawyer's skill, experience, and even the lawyer's reputation for ethical and professional conduct.
2. They must establish that they are in good standing with their respective state bar associations.
3. They must pass a daylong written examination on evidence, civil trial practice and ethics.
4. They must submit actual copies of their written legal work for review.
5. They must provide documentation to prove their active involvement in multiple trials before judges and juries.

To learn more about the National Board of Trial Advocacy and board certification, or if you are seeking an attorney outside of Pennsylvania, visit their website at www.nbtanet.org.

American Association of Justice holds annual meeting in Philadelphia in July 2008

dmonahan@jdllm.com (News Author)5778 — Tue, 23 Sep 2008 08:00:00 EST

In July 2008 the American Association of Justice, formerly known as the American Trial Lawyers' Association, held their annual conference in Philadelphia where thousands of trial lawyers from around the country met for four days to hear from some of the nation's experts on civil jury trial preparation, new trends in pursuing the rights of injured victims, and sharpening skills for the presentation of cases for juries.

As a Section member of both the Inadequate Security and School Violence Litigation Groups, Dan Monahan had the opportunity to meet with and discuss recent developments in this area of the law including the conclusion of the litigation in the Virginia Tech University massacre. Douglas Fieberg, Esquire of Washington, D.C. who represented many of the families of victims of that tragedy spoke at the conference and met with individual section members to discuss the legal hurdles faced by crime victims in cases like the one at Viriginia Tech. Shortly before the conference, it was announced in the Washington Post that a Circuit Court Judge had approved an $11 million settlement for most of the families of victims.

Products Liability Isn't Child's Play

dmonahan@jdllm.com (News Author)3160 — Fri, 03 Aug 2007 08:00:00 EST

One of the largest Toy makers in the U.S., Mattel recalled more than one million toys covered with lead paint on July 30, 2007, all of which were made in China. The recall covered 83 different products and was the second largest recall of toys this year. Fortunately, nearly two thirds of the toys were prevented from reaching the consumer by stopping the products at the distribution centers and contacting retailers like Walmart, Target and Toys R Us. However, as many as 300,000 toys may already have been purchased by the consumer. The Consumer Product Safety Commission believes that the toys may have a date code from 109-7LF to 187-7LF. A complete list can be found at cpsc.gov. Despite numerous safe guards that Mattel says are in place, this is the 17th recall for the company in the past 10 years. Almost half the toys it sells come from factories in China. Because many of these toys feature characters from movies and television, companies like Nickelodeon and Sesame Workshop are considering third party testing of the products. Although lead has not been used in years in the U.S. the Toy Industry's attempts to eliminate lead paint from Chinese manufacturers has not been completely successful. Parents who believe their children or anyone else has been exposed to lead paint because of any of these toys should contact their physicians immediately.

Dan Monahan awarded Board Certified Civil Trial Advocate by National Board of Trial Advocacy

dmonahan@jdllm.com (News Author)3072 — Wed, 25 Jul 2007 08:00:00 EST

In July 2007, I was pleased to learn that I had successfully met all the requirements to be recognized as a Board Certified Civil Trial Advocate by the National Board of Trial Advocacy. The National Board of Trial Advocacy or NBTA was created in 1977 in the public interest to identify lawyers who demonstrated that they are skilled, capable and ethical trial lawyers. Accredited by the American Bar Association, and recognized as the only organization by the Pennsylvania Supreme Court to certify attorneys, the National Board of Trial Advocacy maintains rigorous standards for the certification of civil, criminal, and family law advocates. In order to be certified by the organization, lawyers must successfully meet the following criteria: 1. They must submit a list of names of judges and lawyers who are contacted by the NBTA to independently verify the lawyer's skill, experience, and even the lawyer's reputation for ethical and professional conduct. 2. They must establish that they are in good standing with their state bar association. 3. They must pass a day-long written examination. 4. They must submit actual copies of their written legal work for review. 5. They must provide documentation to prove their active involvement in multiple trials before judges and juries. Most cases never actually go to trial because they are settled out of court. In fact, that may be your preference rather than risk the uncertainties of a jury verdict. However, what often motivates an opponent to settle out of court is the knowledge that you are represented by an experienced trial attorney. When such a lawyer makes a reasonable request for settlement on your behalf, the opposition may consider it unwise to take the case to trial against an experienced, skilled litigator. Litigation is often compared to war. As in war, the side with the greatest skill and experience is usually able to avoid conflict because the opposition is not willing to risk the consequences against such an experienced opponent. Therefore, contrary to common misconception, your chance of resolving your case successfully out of court are much better when you are represented by a skilled, experienced trial lawyer who is well-known and respected by the opposition. I am honored to have been recognized by the National Board of Trial Advocacy as a "Board Certified Civil Advocate". If you would like to learn more about this, visit the NBTA website at www.nbtanet.org.

Medical Group Warns about the Dangers of Trampolines

dmonahan@jdllm.com (News Author)3073 — Wed, 25 Jul 2007 08:00:00 EST

A new study has shown that the number of emergency room visits by children injured on trampolines has more than doubled over the past decade. There were just over half a million such visits in the U.S. in 2000-2005 compared to a quarter million in 1990-1995. The American Academy of Pediatrics (AAP) has now urged pediatricians to tell parents not to buy trampolines for home use or let their children use home trampolines. Nevertheless, according the Academy, the message doesn't seem to be getting through. The AAP first called for a ban on trampolines in schools in 1977. Four years later, they allowed a trial period of limited use in schools, but stated that "the trampoline should never be used in home or recreational settings." Researching data available from the National Electronic Injury Surveillance System found a 113% increase during the time period studied above, and during those times, 95% of the injuries had occurred on home trampolines. The "dramatic increase" was likely due to increased availability of home trampolines. People can now purchase them for about $200 and 1.2 million new ones were sold in the US in 2004. Thirteen percent of the 2000-2005 injuries occurred in children younger than 5 and most involved fractures. While older children more likely suffered soft tissue type injuries, the study noted that the injuries were severe enough to bring children into the emergency room. Accordingly, the AAP says that trampolines can never be truly safe and concludes that "Emergency physicians should join pediatricians in recommending that parents never purchase a home trampoline or allow children to use home trampolines.

Commonwealth Finalizes Rules for Vocational Experts in Workers' Compensation Cases

dmonahan@jdllm.com (News Author)2908 — Tue, 26 Jun 2007 08:00:00 EST

In an effort to clarify and explain some of the confusing procedures and requirements affecting the use of vocational experts in the field of Pennsylvania Workers' Compensation, the Commonwealth issued new Rules and Regulations to establish once and for all the qualifications of vocational experts under Act 57 and the subsequent revisions under Act 53 and to define and specify the role of the workers' compensation Judges and the conduct of the experts when dealing with the injured worker. For the injured worker it is important to be aware of the specific requirements and obligations for the vocational expert when they involve themselves in the worker's case. First, before conducting an earning power assessment interview, the vocational expert shall disclose to the employee, in writing, the role and limits of the vocational expert's relationship with the employee. Employees would be well advised to understanding that these vocational experts hired by the employers and insurance carriers are there to reduce your benefits, not find you alternative employment. If the vocational expert interviews the employee, they are required to generate a written initial report detailing the expert's involvement in the litigation and conclusions form the interview. The vocational expert shall serve a copy of the initial report on the employee, and the attorney if one is involved, within 30 days of the date of the interview. A vocational expert who authors additional written reports, including earning power assessments or labor market surveys, shall simultaneously serve copies of these additional written reports upon the employee and attorney if one is involved, when the expert provides a copy to the insurance company or their attorney. Finally, before referring an employee for an earning power assessment interview, the insurance company is also required to disclose any financial relationship between the insurance company and the person conducting the interview. Unfortunately, the Statutes and Case law in Pennsylvania do not really provide injured workers' with true vocational services. Workers are on their own to obtain alternative employment within their restrictions and/or re-train or re-educate themselves in new fields. The Workers' Compensation Act provides no assistance, financial or otherwise, to place injured workers back in the job market. Workers should always keep this in mind when dealing with vocational experts, who despite all good intentions perhaps, are there to serve their insurance company clients in reducing your weekly wage loss benefits.

State and Local Prosecutors Continue to Pursue Fraud

dmonahan@jdllm.com (News Author)2889 — Thu, 21 Jun 2007 08:00:00 EST

Section 305 of the Pennsylvania Workers' Compensation Act, an addition to the Act in the mid-1990's, specifies that an employer's failure to insure its workers' compensation liability is a criminal offense. Likewise, employees who submit fraudulent workers' compensation claims have been also prosecuted across Pennsylvania. In the most recent report from the Pennsylvania Bureau of Workers' Compensation, the State reported that six different employers were found to be in violation of the Act, subjecting them to criminal convictions and significant fines. In Allegheny County, the owner of a local emergency service company was sentenced to probation for 2 years and ordered to pay over $125,000 in benefits. In Butler County, a local employer was required to pay $10,000 in fines, perform 120 hours of community service, and was sentenced to 5 years probation. In Columbia County, a Restaurant owner pled guilty and was fined over $14,000, ordered to pay court costs and was sentenced to 12 months probation. In Franklin County, a roofing company owner was sentenced to pay a $22,500 fine, costs of prosecution, and placed in probation for 2 years. A Lycoming County Judge, sentenced another restaurant owner to 50 hours of community service and pay a $4,900 fine. In Cambria County an employer was required to pay $152,357.43 in restitution to the claimant and was entered into a first offenders programs after paying court costs. The State's Attorney General's Office has also brought criminal charges against two individuals, one from Chester County and the other from Indiana County. In Chester County, a woman pled guilty and was sentenced to 3 to 23 months in jail, seven year probations and ordered to pay restitution of $55,080 and all court costs for collecting the workers' compensation benefits of another worker who had been dead for 6 years. In another case, an employee who continued to collect compensation at the same time he was working, was sentenced to 2 to 4 years and ordered to pay restitution and court costs. Of course, the vast majority of employers and employees are honest hard working individuals or companies trying to make a living. Nevertheless, the newer provisions of the Act provide a means to weed out the dishonest companies and individuals to seek to take advantage of all the other persons who have legitimate injuries and/or the companies that rightfully carry their workers' compensation coverage.

Statistics Show Insurance Company Gouging is Cause of Increased Health Care Costs

dmonahan@jdllm.com (News Author)2722 — Tue, 29 May 2007 08:00:00 EST

Medical malpractice insurance companies are gouging doctors, padding their profits and driving up the cost of medicine. Insurance rates for doctors are sky-high, but insurance company malpractice losses have fallen nearly 50 percent in three years. For every dollar received in premiums from doctors, the insurance companies are paying out just 39 cents in claims. Doctors should ask their insurers: "Why do my rates keep going up while your claims payments keep going down?" There is no so-called "med mal crisis." This report puts the lie to that claim. The crisis involves insurance companies gouging their customers and driving up health care costs. -------------------------------------------------------------------------------- KEY FACTS: Projected and actual payouts have declined. The losses of the leading medical malpractice insurers have dropped nearly 50% over the last three years, even as the industry has publicly claimed losses are increasing. This national decline is mirrored in Pennsylvania. 2006 data from the Pennsylvania Supreme Court show there were 1,693 filings in 2006. This represents a 38 percent decline from the base years 2000-2002. In Philadelphia, the state's largest judicial district, the decline has been over 50 percent. While payouts are decreasing, surplus is soaring. The 2006 surplus is 43% greater than in 2003 – greatly exceeding the surplus levels mandated to ensure a carrier's stability. Insurers are paying out only 39 cents for each dollar of premium they receive.