Archive for May, 2010

Harrisburg auto accident result of attempted robbery

admin May 27th, 2010

WPMT-TV reports that a three-vehicle Harrisburg auto accident was caused by an attempted robbery. According to police, a 35-year-old male left the Olympic Bar and got into his vehicle to drive away.

Another man followed the victim out of the bar and jumped into his vehicle. The passenger attempted to steal a necklace the Harrisburg driver was wearing, while the man was driving. The Harrisburg driver wrecked into two other vehicles, causing the Harrisburg auto accident.

Witnesses were able to identify the man, and he was apprehended and arrested.

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Do you think because the men left a bar that alcohol played a part in this attempted robbery which caused this Harrisburg auto accident?

If you have been involved in a Harrisburg auto accident, the Harrisburg auto accident attorneys at SchmidtKramer Injury Lawyers can help you.

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Pennsylvania Superior Court Holds That Insurance Company May Pay Deductible Pro Rata

Scott Cooper May 25th, 2010

Attached is a link to the Pennsylvania Superior Court opinion from May 24, 2010 in Jones v. Nationwide Prop. & Cas. Ins. Co. where the appellate court affirms the dismissal of an insurance class action but on different grounds. This case involves the allegation that the insurance company was not allowed to pay back deductibles to insured’s from car accidents on a pro rata basis, even though there is a regulation in the Pennsylvania Code under Title 31 section 146.8 allowing for it. The trial court dismissed the case holding that the trial court did not have jurisdiction because the Plaintiffs failed to exhaust their administrative remedies.

The Superior Court holds that the trial court erred in holding that the Plaintiffs had to exhaust any administrative proceedings because the claims were not brought under the Unfair Insurance Practices Act but affirms on a different basis. The Court relies upon a federal court decision in Harnick v. State Farm Mut. Ins. Co., 2009 U.S. Dist. LEXIS 43126 (E.D. Pa. March 6, 2009) and holds that the Insurance Department Regulation was allowed under the Department’s delegated authority and that the regulation does not violate the “made whole” doctrine. Thus, there is no viable cause of action, even though the trial court erred.

http://www.pacourts.us/OpPosting/Superior/out/a05017_10.pdf

Scott B. Cooper

scooper@schmidtkramer.com

717-232-6300

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Elliottsburg boy taken to hospital after being thrown from car in Perry County crash

Scott Cooper May 24th, 2010

By CHRIS A. COUROGEN, The Patriot-News
May 24, 2010, 7:38AM
CHRIS A. COUROGEN, Of The Patriot-NewsA 17-year-old from Elliottsburg, Perry County, suffered major injuries when he was ejected from his car in a one-vehicle accident Saturday evening on Pine Hill Road in Spring Township, Perry County, state police said.

The driver, whose name has not been released, was transported by Shermans Dale EMS ambulance to Penn State Milton S. Hershey Medical Center following the crash, which happened around 5:40 p.m., just south of Saint Peters Church Road. No details were available on his condition.

Police said the driver was speeding when his 2004 Chevrolet Cavalier left the road , struck an embankment and rolled over twice before coming to rest on its roof. The driver was not wearing a seat belt, police said. A 17-year-old male passenger from Womelsdorf, Berks County, was wearing a seat belt and was not injured, police said.

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New York woman in fair condition following Saturday crash on Interstate 81 in Lebanon County

Scott Cooper May 24th, 2010

By CHRIS A. COUROGEN, The Patriot-News
May 24, 2010, 6:09AM
A Liverpool, N.Y. woman remains at Penn State Milton S. Hershey Medical Center, where she was taken Saturday morning after the car she was riding in was struck by a tractor trailer on Interstate 81 in Lebanon County.

State police said Laura E. Lankenau, 20, was a passenger in the back seat of a 2005 Honda Element driven by Deena K. Lankenau, 51, also of Liverpool, N.Y., when it went into a spin, then rolled after being struck around 4:30 a.m. by a truck driven by Patrick K. Boles, 39, of New York, N.Y.. Police said Boles’ truck was moving from the center lane into the right lane of the highway, south of the Interstate 81-Interstate 78 split.

Deena Lankenau and a front seat passenger, Douglass J. Lankenau, 62, also of Liverpool, N.Y., both of whom were wearing seat belts, suffered minor injuries to their hands and heads. Laura Lankenau, who was not wearing a seat belt, is in fair condition, a hospital spokesman said this morning.

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Man killed in Lebanon construction accident

admin May 20th, 2010

ABC 27 News reports that a 57-year-old man was killed in a Lebanon auto accident that took place in a Lebanon County construction zone. The Lebanon auto accident happened on Gravel Hill Road.

The Lebanon auto accident occurred when the driver of a vehicle crested a hill and then swerved to avoid stopped traffic in a construction area. The Lebanon auto accident victim was working on the side of the road when he was struck by the car as it served. The man was working as PennDot flagger at the time of the Lebanon auto accident.

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Do you think there are any extra precautions the Pennsylvania Department of Transportation can take to protect its Pennsylvania construction workers?

If you have been injured in a Lebanon auto accident, the Pennsylvania construction accident lawyers at SchmidtKramer Injury Lawyers can help you.

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Pennsylvania Superior Court Holds Third Party Is Not Bound By Underinsured Motorist Proceeding Award

Scott Cooper May 17th, 2010

Attached is the link to the Pennsylvania Superior Court opinion from May 14, 2010 in Catroppa v. Carlton. The Superior Court decision by Judge Bender reverses the trial court and holds that a third party is not bound by an underinsured motorist (“UIM”) arbitration award and not collaterally estopped from challenging the amount of the Plaintiff’s damages when the plaintiff received a UIM arbitration award for the same accident and the insurance company in the UIM proceeding is the same as the one insuring the third party.

This case involves a motor vehicle accident which occurred on September 10, 2004. Carlton was injured and filed a third party case against Catroppa in the Court of Common Pleas of Beaver County. Catroppa had bodily injury liability coverage of $50,000. Carlton had personal UIM coverage of $50,000 and pursued the UIM claim at the same time as the third party claim in separate proceedings. The UIM arbitration took place before the trial of the third party case and resulted in an award for Carlton in the amount of $100,000. Carlton then filed a Motion for Summary Judgment in the third party case and argued that since Catroppa had the same insurance company (State Farm) as the Defendant in the trial court case, she was collaterally estopped from relitigating the damages since the parties already stipulated to liability. Catroppa appealed.

The Superior Court reverses and finds that since the party against whom the claim of collateral estoppel is asserted (Catroppa) was not a party or in privity with a party in the prior case she cannot be bound by the UIM award. Catroppa was not a party to the UIM proceedings Carlton. Therefore, she is not able to impose the damage award by estoppel in the third party case even though the same insurance company State Farm insured both Carlton the defendant Catroppa in the third party case and the plaintiff Carlton in the UIM case. The case is remanded for the trial of the damages.

http://www.pacourts.us/OpPosting/Superior/out/A04013_10.pdf

Scott B. Cooper

scooper@schmidtkramer.com

717-232-6300

Popularity: 19% [?]

2 Men killed in Chambersburg auto accident

admin May 13th, 2010

The Herald Mail reports that two men were killed in an early-morning Chambersburg auto accident. The men were traveling on Sollenberger Road in an Audi A4 at the time of the Chambersburg auto accident.

The driver failed to negotiate a left turn, then the vehicle went off the west side of the road and struck a tree. The 32-year old driver was pronounced dead shortly after the accident, the male passenger in the vehicle was transported to the hospital where he later died of injuries sustained in the Chambersburg auto accident.

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Do you have any safety concerns about Sollenberger Road?

If you or a family member has been injured in a Chambersburg auto accident, the Pennsylvania auto accident attorneys at SchmidtKramer Injury Lawyers can help you.

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Pennsylvania Association for Justice 28th annual Auto Law Seminar

admin May 13th, 2010

Scott Cooper was a speaker this year at the Number One Auto Insurance Seminar in Pennsylvania. Held April 29th in Pittsburgh, topics included:

  • Update of First Party, Third Party Liability, Limited Tort and Coverage Issues
  • Subrogation and Recovery of Special Damages, Including Liens, Preclusions, and Offsets, Self-Funded ERISA Plans, HMOs, Medicare, DPW,
  • Support Liens, and more
  • Governmental Liability in Vehicle Accident Cases
  • Maximizing the Settlement Value of Your Case
  • Comprehensive Update of UM/UIM and Bad Faith Case Law and Strategy from the Plaintiff and Defense Perspective

Click Here to see the PowerPoint.
Click Here to see the Word Document.

Popularity: 15% [?]

San Diego man facing drug charges following Lebanon County crash

Scott Cooper May 13th, 2010

By CHRIS A. COUROGEN, The Patriot-News
May 13, 2010, 9:55AM
CHRIS A. COUROGEN, Of The Patriot-NewsA San Diego man is facing drug charges after police said a paramedic discovered a small amount of marijuana in his pocket as he was being transported to the hospital following an early morning crash in Lebanon County. State police said James D. Gibbons, 21, was a passenger in a car that hit another vehicle head-on on state Route 343 in Bethel Township.

According to police, Kimberly L. Sourwine, 24, of Lebanon, was driving a Honda Civic that turned on to Route 343 from Golf Road and struck a GMC Sonoma driven by Timothy J. Meck, 50, of Lebanon. Sourwine, who had been headed west on Golf Road, was attempting to turn north on Route 343, but turned into the southbound lane. The crash happened just before 2:40 a.m.

Sourwine, who was not wearing a seat belt, Gibbons and another passenger in Sourwine’s car, Cory D. Shay, 29, of Lebanon, were taken by ambulance to Penn State Milton S. Hershey Medical Center following the crash. No details were available on their injuries or condition.

Police said they are continuing their investigation and are awaiting the results of blood alcohol tests on Sourwine before deciding on any charges related to the crash. Gibbons will be charged with an unspecified violation of Act 64, the state’s controlled substances and drug law.

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PennDOT flag man hit by car, dies at construction zone in East Hanover Township, Lebanon County

Scott Cooper May 11th, 2010

By BARBARA MILLER, The Patriot-News
May 11, 2010, 1:24PM

A PennDOT flag man was killed this morning after being struck by a vehicle on Gravel Hill Road a mile south of Route 22 in East Hanover Twp., Lebanon County, said Greg Penny, PennDOT spokesman. Thomas R. Allen, 57, of the 300 block of Acorn Circle, Lebanon, died of injuries in the 9:40 a.m. accident, Penny said.

The accident occurred when a northbound Isuzu Amigo driven by Jared C. Geibe, 24, of Palmyra, came over the crest of a hill and veered to avoid a vehicle Allen had already stopped. Geibe swerved right to avoid hitting the stopped vehicle, and ran onto the right berm and partially up an embankment before hitting Allen, state police said.

Allen had worked for PennDOT since September 2007, Penny said, and was an equipment operator and flagger.

Traffic was being stopped for a PennDOT work crew that was cutting back ground along the shoulder of the road, Penny said.

This story has been updated from an earlier version.

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