August 1, 2008

Philadelphia DHS Workers Neglect Results in Death of 14 Year Old and Nine Indictments

In Philadelphia, a grand jury report has found that Danieal Kelly, 14 years old, died a painful death due to the incomprehensible neglect of parents and social workers. Danieal was found on August 4, 2006 in a West Philadelphia rowhouse with bedsores throughout her 42 pound body. She was 14 years old but weighed what a typical 5 year old would weigh.

The system failed Danieal. Her parents lack of support is dwarfed by the utter indifference shown by DHS workers and the private company hired by DHS. These agencies, whose sole function is to be protecting children from such parents, passed up almost every opportunity to help, over a period of several years

During the years, numerous neighbors contacted DHS to warn that Danieal Kelly was in danger. For two years, though, DHS social worker Dana Poindexter, who was assigned to the case, ignored neighbors reports, and provided no assistance to Danieal.

Continue reading "Philadelphia DHS Workers Neglect Results in Death of 14 Year Old and Nine Indictments" »

July 31, 2008

OSHA cites Philadelphia Company with 54 Safety Violations

A Philadelphia manufacturing company has been cited for 54 safety violations, including the failure to properly maintain cranes. OSHA's Philadelphia director said that the cranes were in deplorable condition. Despite these violations, the company, MJ Associates Inc., a Philadelphia subsidiary of Re-Steel Supply Co. Inc. was not shut down. They face potential fines of $159,000.

It is about time OSHA took some steps to stop the conscious disregard of safety concerns. Inspectors apparently have been in the company for six months but the first fines have just been levied. It is well known that OSHA is understaffed and unable to keep up with regular inspections. But, in this case, it appears regular inspections were taking place without action until now.

In July of 2008 in the United States at least five workers have been killed in crane accidents. But, when it comes to MJ Associates, cranes were not the extent of the problems. OSHA reported that employees have suffered injuries from falls in the facility, propane heaters were located near flammable paints, exit doors were blocked and the floors contained spills and flammable liquids. In addition, three of the violations were considered "willful." OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.

OSHA needs to do a better job with the fines and operating suspensions they hand out and our government needs to commit more dollars for OSHA to operate properly. I previously blogged on this growing problem in my article titled "Employers Choose Wallets Over Worker Safety.

Our Philadelphia Workers Compensation Law Firm provides a free consultation for all injured workers.

Related Web Resources:

philly.com: Philadelphia company cited for unsafe conditions

July 30, 2008

Allstate Insurance Company Bad Faith Verdict Upheld

A jury's bad faith verdict against Allstate Insurance Company in the amount of $5.8 million in compensatory damages and $10.5 million in punitive damages has been upheld by a Missouri appeals court.

Allstate Insurance Company says "You're In Good Hands..." but are you? This case stemmed from an accident in 2000 where Edward and Virginia Johnson sustained injuries and medical bills of more than $300,000 at the hands of Wayne Davis, Jr. a drunk driver who hit them head-on.

The Johnson's lawyer sent a letter to Allstate Insurance Company demanding the tendering of Mr. Davis' policy limits of $50,000. Allstate failed to agree to pay the policy limits forcing The Johnson's to file a lawsuit.

Shortly before trial, an Allstate employee sent to Mr. Davis a letter for the first time explaining that he could be personally liable for any judgment that exceeded the policy limits. Johnson's attorney then subsequently worked out a settlement with Mr. Davis whereby Davis admitted that he was drunk and he consented to $2.5 million in damages and $1.5 million in punitive damages.

The agreement, however, was that the Johnsons would refrain from going after Mr. Davis personally for the consented judgment but instead would sue Allstate jointly with Davis and for compensatory and punitive damages.

The bad faith case against Allstate Insurance Company went to trial. A jury assessed $5.8 million in compensatory damages and $10.5 million in punitive damages against Allstate. The Appeals Court ruled that Allstate failed to recognize how severe the Johnsons’ injuries were and that the claim would far exceed Davis’ $50,000 policy limits, thereby placing their insured, Mr. Davis, in a situation where his personal assets were exposed.

As a Philadelphia Personal Injury Lawyer, this is a hugh win for the individuals who are constantly fighting insurance companies for fair compensation. As reported by CNN's Anderson Cooper, Allstate Insurance Company has been known to use tactics of delay, deny and defend to increase their profits and reduce your recovery.

View: Anderson Cooper 360 -- Keeping them Honest: Insurance Battle
View: Anderson Cooper 360 - CNN Allstate - Part 2

Contact Attorney Michael Mednick of Mednick, Mezyk & Kredo for a free consultation if you have questions concerning an Insurance Company's failure to fairly pay an insurance claim.

Related Web Resources:

Bizjournals.com: Appeals court upholds jury verdict against Allstate

July 29, 2008

City of Philadelphia and PECO Could Have Responsibilty in Philadelphia Homes Damaged by Fire

Philadelphia House Fires claim many lives and loss of homes for Philadelphia families each year. As reported by Dan Lieberman of the Philadelphia Inquirer after yesterday's block fire, three more families are homeless. The fire is believed to have started at 1536 Tioga Street in North Philadelphia. This home has been abandoned for years. Four squatters have been occupying the home for about four years. According to the block caption, Bloscenia Avent, the squatters were stealing electricity from the street.

It is being reported that neighbors of the home have complained for years to the Philadelphia's Department of Licenses and Inspections about the home. Neighbors also called PECO about the squatters and the illegal stealing of electricity. The squatters have been known to run illegal electrical lines to the home. Despite the clear and present dangers, the complaints fell on deaf ears.

Mia Sowers whose house was burned down in the fire said that she called L&I two weeks ago and told them 'they are either gonna burn this house down or burn my home down,' and I asked them to get them out of here, but they just took a report".

PECO spokesman, Michael Wood, acknowledged that fires caused by squatters are a common occurrence. PECO urges customers who witness hazardous conditions and or signs of theft of service to call their confidential hot-line number at: 1-866-414-1854. However, as in the case of the Tioga Street fires, making the complaint may not be enough.

Regarding liability for the damages, not enough facts are developed at this time but these residents of Tioga Street should hire an attorney to explore the potential of liability on the City of Philadelphia and PECO. Homeowners Insurance Claims should also be made. As a Philadelphia Personal Injury Lawyer, I represent individuals who sustain burns and smoke inhalation injuries due to house fires. I also represent families seeking a recovery for the loss of property due to house fires. Hopefully, the need to contact me will not arise, however if it does, call me for a free consultation.

Related Web Resources:
Report Abandoned Property Problems to the Philadelphia Police Department

July 24, 2008

Car Accident Deaths On Decline Due to Gas Prices

The higher the gas prices go, the less chance you have of being killed in a car accident, says a recent study by Harvard Medical School.

Professors Michael Morrisey of the University of Alabama at Birmingham and David Grabowski of Harvard Medical School have found that for every 10 percent increase in gas prices there was a 2.3 percent decline in auto deaths. Their study examined automobile fatalities from 1985 to 2006, when gas prices reached about $2.50 a gallon (what a bargain!). With gas now averaging more than $4 a gallon, Morrisey said he expects to see much greater drop — about 1,000 deaths a month, or 12,000 deaths per year.

So, what is the reason for the decreased in deaths. It could be (1) less people driving (2) smaller, lighter cars, (3) slower driving (hypermiling is in vogue now!) (4) safer cars or, most likely a combination of all of these factors.

As a Philadelphia Personal Injury Lawyer, I represent many individuals seriously injured in automobile accidents. While I am in favor of increased automobile safety, I am not pleased by these gas prices!

Related Web Resources:

phillyBurbs.com: Study: As gas prices go up, auto deaths decline

July 23, 2008

Philadelphia SEPTA Trolley Accident Sends Injured to Area Hospitals

Yesterday, in center city Philadelphia, three SEPTA Trolleys crashed underground injuring at least ten people. The passengers injured on the SEPTA trolley were taken to Thomas Jefferson University Hospital and the Hospital of the University of Pennsylvania for treatment.

The SEPTA trolley accident occurred when the Route 13 Trolley and the Route 36 Green Line trolley were sitting idle after unloading passengers when a third SEPTA trolley crashed into the two stopped trolleys. It is unclear why or how this could have occurred.

SEPTA spokesman, Francis Kelly, attempted to downplay the incident, telling reporters "Let's say a minor banging incident of the trolley in front." Despite this attempt to minimize the trolley accident, Kelly admitted that he could not confirm the speed of the incoming trolley. We know the trolley accident was hard enough to send multiple people to the hospital, including all three SEPTA trolley operators.

The Philadelphia Personal Injury Law Firm of Mednick, Mezyk & Kredo regularly represents individuals injured in SEPTA bus and SEPTA trolley accidents. Contact us for a free consultation where we can explain to you how we can help you obtain a recovery for your pain and suffering.

July 18, 2008

Havertown Accident Results in DUI Charges for Man On A Bike

Hand%20Cuffs.jpg
As a Pennsylvania Automobile Accident Lawyer, I represent individuals who are injured in an automobile accident at the hands of DUI drivers. But, this story is beyond comprehension.

On the 4th of July, a Montgomery County man, Jeff Burke, thought he was doing the responsible thing. He knew he was going to have some beers at a party so he rode his bicycle. On his way back home, he was involved in a bicycle accident when a car crashed into the rear of his bicycle. Burke was taken to the hospital where he was diagnosed with a fractured tailbone. At the hospital, a blood test was performed which revealed his blood-alcohol level was 0.155. The legal limit in Pennsylvania is 0.08. So, Montgomery County assistant district attorney, charged Burke with DUI - driving while intoxicated. Burke has been sentenced to 30 days in jail and 22 months probation. He had a prior DUI conviction.

This case irritates me. Here we have a Pennsylvania citizen who learned and was rehabilitated from his prior mistake - a DUI while operating an automobile. So, he acts responsibly and takes his bicycle because he knows he is going to be drinking. He gets rear ended and ends up getting jail time, probation, fined $1500 and losing his license for 18 months. This is simply absurd. The ADA should have shown some discretion here. This does not encourage others to ride their bikes when they are going to drink which, to me, sounds like a great idea.


July 11, 2008

Dog Bite Claims Cost Insurers More than $350 Million in 2007

dog%20for%20blog.jpgAs a Philadelphia Dog Bite Lawyer I represent individuals involved in dog bite attacks. According to a recent study released by the Insurance Information Institute, dog bite claims accounted for one-third of all homeowners insurance liability claims paid in 2007. The average dog bite claim totaled more than $24,000 and, as a whole, cost the insurance industry more than $350 million.

According to the Centers for Disease Control and Prevention (CDC), more than 4.7 million people per year are victims of a dog bite attack, resulting in an estimated 800,000 injuries that require medical attention. With more than 50 percent of dog bite attacks occurring on the dog owner's property, the insurance industry is crying foul. While the cost of these claims to the insurance industry is astounding, what is equally astounding is the record profits these insurance companies continue to rake in year after year. The insurance industry is not who we should feel bad for. Rather we should feel compassion towards the victims of these dog bite attacks. Most of the dog bite attacks are unprovoked and many cause serious life long injuries or scarring.

As a Philadelphia Dog Bite Lawyer, I fight for every dollar of compensation a dog bite victim deserves. As a person who has been the victim of a dog bite attack in the past, I understand the effects of these attacks on my clients. I was fortunate enough not to have real serious injuries, however, many of my clients are not so lucky. If you or a loved one was the victim of a dog bite attack, contact me for a free consultation.

July 10, 2008

The Value of Life

According to the EPA (Environmental Protection Agency), the value of a person's life is $6.9 million. This value is down almost a million from 1993 when the EPA valued a life at $7.8 million. The figure is not based on a person's earning capacity, or their potential contributions to society, or how much they are loved and needed by their friends and family — some of the factors used in insurance claims and wrongful-death lawsuits. Instead, the value is drawn from payroll statistics and on what people are willing to avoid certain risks.

Although this may seem as an inconsequential figure, the value the EPA places on a life has real consequences when it comes to analyzing whether to enact a proposed rule or So, what is the EPA statistics used for? Though it may seem like a harmless bureaucratic recalculation, the devaluation has real consequences. For example, the statistic may be used by governmental agencies when they do a cost benefit analysis on a new rule. The less that a life is worth, the less the need for a life saving rule or regulation. For example, assume a regulation costs $7.5 billion to enforce but will prevent 1000 lives. If a life is valued at $6.9 million, the rule may not make sense on a cost/savings analysis. However at $7.8 million, the rule could get passed.

The ultimate goal for the public should be safety and saving lives but it does not always work that way with the government. As a Pennsylvania Personal Injury Lawyer, I have occasion to consider the cost of life through the Wrongful Death Statutes of Pennsylvania. Interestingly, the value of a life can change dramatically depending on the County in Pennsylvania where your case is venued.

July 3, 2008

Allstate Insurance Says Philadelphia Drivers Are Among Worst

Allstate Insurance Company says Philadelphia drivers are the among the worst in the United States. The study found that Philadelphia drivers averaged 6.6 years between collisions as compared to the national-average of 10 years between collisions. Allstate's Tracey King slams Philadelphia in her statement, "You know how men are always blaming it on women drivers, and older drivers are always blaming it on younger drivers?" "Well, in Philadelphia, it's everyone."

I am outraged at how this study portrays Philadelphians. As a native of Philadelphia, I am tired of insurance companies dumping on our proud city. Why doesn't Allstate publish the cost they charge for Philadelphia drivers versus the rest of the nation? Why doesn't Allstate publish how much money they make on an annual basis from Philadelphia drivers?

I urge all Philadelphians to purchase insurance from some other insurance company. Don't purchase from Allstate. This way, they will have nothing to complain until they see their profits decrease. Maybe Allstate should look at why there is an entire website (Allstate Insurance Sucks) dedicated to complaints by Allstate past and current customers and why Allstate ranks among the worst when it comes to Bad Faith.

If you have a claim against Allstate Insurance Company, whether it be an auto accident claim, homeowners claim or some other claim, I would be happy to discuss your potential case with you. As a fellow Philadelphian and a partner in a Philadelphia Personal Injury Law Firm, I would be happy to fight to get you the just compensation you deserve.

July 3, 2008

SEPTA Bus Accident Kills A Man In Delaware County, Pennsylvania

Last evening In Upper Darby, Delaware County, a Route 113 SEPTA bus accident occurred where the bus struck a man in the Darby Loop located at 9th and Main Streets. It appears the man was in full, unobstructed view of the SEPTA bus driver at the time the accident occurred. Nonetheless, for reasons unknown at this time, the SEPTA bus driver struck and killed the victim, allegedly making contact with the man with both front tires.

SEPTA's spokesman, Richard Maloney, was on the scene and gave a statement that SEPTA investigators "We're told by witnesses, preliminarily, that the victim was talking on his cell phone as he was walking and he turned around to talk to people behind him. Unknowingly he walked right in front of the bus," However, other witnesses told a different story. Thomas Carroll told Fox 29 news, ""He wasn't walking. He was standing there and talking on the phone. And when the bus turned, it hit him, 'BOOM!' He wasn't walking. He was not walking,"

Others on the scene complained about the general driving attitude of SEPTA drivers and the manner in which they operate their vehicles. This is a common complaint I hear weekly from current and perspective clients who are injured in incidents involving a SEPTA bus or a SEPTA trolley. If you are victim of a SEPTA bus or trolley accident, contact our Philadelphia Personal Injury Law Firm for a free consultation.

Related Web Resources:

Fox 29 Video News Report

July 2, 2008

SEPTA Surplus Believed to be $130 Million

SEPTA%20bus.1.bmpIn Philadelphia, we are used to hearing that SEPTA needs to cut back its bus and trolley service and that SEPTA needs to raise the fares to continue to operate. In the past, SEPTA always cried poor after decades of financial shortfalls. Well, it seems those days are over.

Last summer, a landmark transportation funding law, Act 44, was enacted by the Pennsylvania Legislature. Since that time, SEPTA has found itself swimming in the cash. It is estimated that SEPTA will have a surplus of $130 million by the end of June, 2009. Yet, this surplus does not appear anywhere on SEPTA's budget and SEPTA officials refuse to acknowledge the surplus.

SEPTA's denial of this surplus is more troubling when you consider that our Philadelphia School District is in a position where they need to cut more than 13,000 transit passes to school students in order to save 8 million dollars. While SEPTA sits on their money, Philadelphia families are asked to dip into their pockets again to provide transportation to school students. Oh, and didn't we just have a transit police strike over money? Again, SEPTA considered money over the safety and well being of transit riders. All the while, sitting on $130 million.

Related Web Resources:

The Philadelphia Inquirer: SEPTA Mulls How To Account for $130 million ‘future’ fund

The Bulletin: SEPTA's Surplus Grows Steadily, Quietly

SEPTA Bus and Trolley Accident Lawyers

June 3, 2008

Ford Fires Extended to Windstars

The National Highway Traffic Safety Administration (NHTSA) reports that more than 6 million additional Ford vehicles could contain the same cruise-control part that led to the investigation of 3.7 million Ford trucks and SUVs. NHTSA is monitoring for reports of fires in this new group of Ford vehicles.

In an AutoWeek Magazine article titled "More Fords Subject To Fire Investigation", author Harry Stoffer reported that Federal safety officials have opened a preliminary investigation of 1995-2003 Ford Windstars after collecting 130 consumer complaints about vehicle fires.

The minivans have the same kind of cruise control switch that led Ford Motor Co. to recall more than 10 million cars and trucks between 1999 and early this year--after the switch was linked to vehicle fires.

If you have been seriously injured or lost a loved one as a result of a fire on a Ford Motor vehicle, contact our Philadelphia, Pennsylvania Personal Injury Law Firm for a Free Consultation.

Related Web Resources:

Automotive Digest: Ford Faces New Recall Over Cruise Control Switch

Consumer Affairs: Feds Probe Ford Windstar for Fire Hazard

June 2, 2008

Pennsylvania Drivers Among the Worst Says GMAC Auto Insurance

Results from the 2008 GMAC Insurance National Drivers Test released May 22, 2008 are not favorable to Pennsylvania Motor Vehicle Drivers. The annual study is based upon a written driver's examination given to individuals from all 50 states plus the District of Columbia. Pennsylvania Drivers rank in a tie for 36th place out of 51. Native Philadelphians will argue that the western part of Pennsylvania is making us look bad. Well, at least we can laugh that our friends and family from New York, DC and New Jersey ended in the last three places; 49th, 50th and 51st.

Other information from the study of interest is that the older the driver, the higher the test score (not surprising there) and women were more likely to fail the test than men (20 percent versus 13 percent).

I am proud to report that I took the test and passed with flying colors - 1 wrong out of 20 or 95%. But, I do have an advantage being an Philadelphia Automobile Accident Lawyer. I am constantly reviewing Pennsylvania "Rules of the Road" laws. If you are interested in taking the test, I am providing the link below.

Web Related Resources:

Take the GMAC Insurance National Drivers Test

May 29, 2008

Pennsylvania Personal Injury Settlement May Be Used to Pay Child Support Arrearages

In our Philadelphia Personal Injury Law Firm, we often see a client's personal injury settlement funds reduced in order to pay child support arrearages. Since Act No. 109 was signed into law by Governor Rendell in July of 2006, the Department of Public Welfare (which collects past due child support) has the absolute right to intercept overdue child support from lump sum monetary awards or settlements. As a Pennsylvania Personal Injury Lawyer, I am required by Act 109 of 2006 to perform a child support lien search on every case where our client is due to receive $5000 or more in net proceeds.

Recently, the Superior Court of Pennsylvania, in Faust v. Walker, held that the first $5,000 of net proceeds are NOT subject to attachment. Net proceeds refer to the proceeds that an injured individual is entitled to, after attorneys fees and costs.

So, if you are behind on your child support and you are due to recover more than $5,000, your settlement funds will be reduced by your arrearages.

April 22, 2008

Botox Found to Migrate to Brain Stems

A recent news report in Bloomberg.com by Elizabeth Lopatto titled Botox May Move From Face to Brain, Study in Rats Says (Update 1) suggests that Botox injections, the fashionable remedy for wrinkles, could migrate to human brain stems. Scientists injected rat whisker muscles with botulism toxin and found that the botulism had migrated to the brain stems. Doubters warn that the study is not conclusive and that rodent physiology is different from that of humans so the results may not be indicative of what happens in people.

The FDA was already looking into reports of breathing difficulties and deaths after the use of Botox and Myobloc. Many of the most serious cases involved children who were given injections to treat cerebral palsy. Botox and Myobloc literature now carries warnings about the risk of breathing and swallowing difficulties in patients with neuromuscular disorders.

Botox is made by Allergan Inc with sales of 1.2 billion last year. An Allergen spokeswoman indicated that the study was not conclusive and was inconsistent with prior studies.