Schmidt Kramer Injury Lawyers

Archive for the ‘ Motorcycle Accident ’ Category

Jan

Trial Court Dismisses Punitive Damages Claim – Cell Phone Allegations Too Vague

The Court of Common Pleas in Northampton County issued an opinion on January 11, 2012 by Judge Leonard N. Zito in the case of Xander v. Kiss, CV – 2010 – 11945 (Zito J., North. Co. Jan. 11, 2012). In this Order and Statement of Reasons Judge Zito dismisses a claim for punitive damages when it is alleged the Defendant driver crossed lanes of travel and caused an accident while talking on a cell phone. The claim for punitive damages was pursued under the Restatement (Second) of Torts Section 908. The trial court notes that punitive damages are an extreme remedy available only in the most exceptional of circumstances, Judge Zito rules that the allegations in the Complaint, without more, do not rise to the level of egregiousness required by Pennsylvania law to support such a claim.

The trial court writes that viewing the facts pled in the Complaint in a light most favorable to the plaintiff, it was only alleged by the Plaintiff that the “Defendant simply lost control of his vehicle while speaking on his cellular phone, causing a motor vehicle accident….” He notes that such alleged facts may support a claim of negligence, but the allegations do not arise to a level of an evil motive or reckless indifference to the rights of the plaintiff as required for a punitive damages claim. Without any other facts pled to show recklessness, such as excessive speed or running a red light or stop sign, etc., the court holds that a punitive damages claim is not warranted in this matter.

Accordingly, the defendant’s motion to strike the punitive damages claim is granted.

For a copy of the order feel free to contact Scott Cooper at SchmidtKramer Injury Lawyers.

Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

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Jan

Reminder – Drive Slowly And With Extra Caution In Snow And Ice

The first measurable snow of this Winter in Harrisburg and Central Pennsylvania saw several car wrecks this past Saturday, January 21, 2012. The Pennsylvania State Police in Chambersburg and Carlisle reported at least eight (8) car accidents, some resulting in injury.

As published in the Chambersburg Public Opinion online they are:

http://www.publicopiniononline.com/ci_19795381

Someone, no name given, driving a 2010 Peterbilt 386 broke a mirror on another vehicle when a piece of ice fell off the Peterbilt as it was driving north on Interstate 81 at 10:40 a.m. Saturday, according to Pennsylvania State Police, Chambersburg.

The ice broke the passenger side rear view mirror of someone, no name given, driving a 2002 Buick Rendezvous, police said.

(Incident No. H03-2092803)

Robert A. Pereschuk Jr., 22, Fayetteville, was driving south on Pa. 997 when he lost control of his 2011 Kia Optima at 5:44 p.m. Saturday, according to Pennsylvania State Police, Chambersburg.

Pereschuk crossed into the north lane of traffic and struck on the east shoulder of the road, police said.

A 7-year-old passenger in the vehicle sustained minor injuries but did not need medical attention, police said.

(Incident No. H06-2092891)

–QUINCY TOWNSHIP

Christina L. Gatton, 38, Waynesboro, was driving north on Pa. 316 when she hit a patch of ice at 10:24 a.m. Saturday, according to Pennsylvania State Police, Chambersburg.

Gatton was unable to maintain control of her 2001 Chevrolet Blazer and began sliding before striking the curb which caused the vehicle to roll onto its passenger side, police said.

(Incident No. H03-2092801)

Krista L. Woodlief, 19, Fayetteville, was driving on Pa. 2007 when she lost control over her 2004 Chevrolet Impala at 6:05 p.m. Saturday, according to Pennsylvania State Police, Chambersburg.

Woodlief went down over an embankment and struck a tree on the west shoulder of the road, police said.

(Incident No. H03-2092894)

–SOUTHAMPTON TOWNSHIP

Someone struck the 1992 Mercury Sable of a 71-year-old Shippensburg man as it was parked in front of his residence at 7:30 p.m. Saturday, according to Pennsylvania State Police, Chambersburg.

(Incident No. H03-2092906)

–MOUNT HOLLY SPRINGS BOROUGH

Naomi B. Brehm, 84, Gardners, was driving south on Baltimore Road when her 2006 Buick Lacrosse slide off the snow covered roadway and landed in a ditch at 7:45 a.m. Saturday, according to Pennsylvania State Police, Carlisle.

(Incident No. H02-2092764)

–SHIPPENSBURG TOWNSHIP

Daniel E. Newsome, 25, Shelby, N.C., was exiting Intestate 81 at mile marker 29 when he lost control of his 2001 Volkswagen Passat at 12:16 a.m. Saturday, according to Pennsylvania State Police, Carlisle.

Newsome spun out of control and struck a guard rail, police said.

(Incident No. H02-2092668)

–SOUTH MIDDLETON TOWNSHIP

Raymond K. Chun, 18, Boiling Springs, was driving north on Fairview Street when he drove off the right side of the road and struck a utility pole with his 1997 Saturn SL at 1:10 p.m. Saturday, according to Pennsylvania State Police, Carlisle.

(Incident No. H02-2092834)

There is still over six (6) weeks left in Winter. Please drive carefully on the roads in Harrisburg, Central Pennsylvania, and around the Commonwealth and county to avoid car accidents and injuries.

Jan

Safety Tips For Driving In Snow Squalls To Avoid A Car Wreck And Injuries

A snow squall blew through Harrisburg and much of Central Pennsylvania earlier this morning. When snow squalls hit so suddenly it is always important to remember some of the following safe driving tips. What others do you have to avoid a car wreck and possible injury?

1. Turn on your headlights immediately.

2. Slow down gradually and drive at a safe speed for the conditions.

3. Stay in your lane and increase your following distance.

4. Reduce all distractions so you can give full attention to the road.

5. If you need to stop, only come to a complete stop when you can safely get as far off the road as possible or when there is a safe area to do so.

6. You should not pass a vehicle moving slowly or speed up to get away from a vehicle that is following too closely.

Scott B. Cooper

Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

Jan

Central Pennsylvania Under High Wind Advisory – Driving Tips To Avoid Accidents

What tips do you have for driving in high winds?

Last night’s rain in Central Pennsylvania is being followed by extremely high winds. It is important to remember some driving tips for operating a vehicle in high winds. This will help to avoid the possibility of causing a serious accident which could involve injuries.

You should:

1. Reduce your speed

2. Correct your steering, especially when moving from a protected area to an unprotected area.

3. Be aware of vehicles around you because winds usually are more of a problem for drivers of trucks, buses, recreational vehicles, campers, and drivers who are towing trailers.

4. Stay alert for slippery areas because wind is often accompanied by heavy rain or winter precipitation.

Jan

Court Holds Plaintiff’s Recovery Of Medical Expenses Paid By ERISA Are Recoverable

Judge Connor in the federal court for the Middle District of Pennsylvania in Harrisburg recently addressed an issue regarding the recovery of special damages in a Motion in Limine in Bieber v. Nace, 2011 WL 6180719 (M.D.Pa. Dec. 13, 2011). The Plaintiffs filed a suit arising out of a car accident and their resultant injuries. The Defendants filed affirmative defenses including claims that the Plaintiffs’ recovery was reduced or barred by the provisions of the Pennsylvania Motor Vehicle Financial Responsbility Law (MVFRL). The Plaintiffs argued that the defenses should be stricken since the medical bills were paid by a self funded ERISA plan which was making a claim for reimbursement. The Plaintiffs filed a Motion in Limine.

Judge Connor reviews the pertinent statutes and case law and finds that the MVFRL, specifically Section 1720 and 1722, cannot reduce or bar the plaintiff’s recovery of medical expenses paid for by ERISA plan . He grants the Motion in Limine.

For a copy of the order feel free to contact Scott Cooper at SchmidtKramer Injury Lawyers.

Dec

Police Ask For Help Investigating Crash Which Killed Peach Bottom Woman

Police in Lancaster County are investigating a crash which occurred yesterday, December 21, 2011, where a Lancaster County resident from Peach Bottom was killed in a three-vehicle crash in East Drumore Township. According to police, Sherry Wilson, 42, a driver of one of the vehicles, was pronounced dead at the scene. Her passenger, Vernon McCauley, 37, of Peach Bottom, was also injured in the crash.

The crash happened around 3:20 p.m. in the 800 block of Robert Fulton Highway (Route 222), just north of Solanco Road. Police believe that Loren Stoner, 29, of Fredericksburg, was driving a 2002 Western Star tractor trailer north on Route 222 and her trailer swung into the opposite lane while turning.

Wilson’s 1993 Plymouth Grand Voyager was traveling south on Route 222 and struck the trailer. Wilson’s SUV was then rearended by a southbound car driven by Gina Weaver, 52, of Quarryville.

Police ask anyone with information to call 717-299-7650.

For more on the accident go to the Lancaster New Era website by clicking on the below link:

http://lancasteronline.com/article/local/555176_UPDATE–Peach-Bottom-woman-killed-in-East-Drumore-wreck.html

Dec

Teen Drivers In Pennsylvania Must Comply With New Law Starting Tuesday

New restrictions for teen drivers in Pennsylvania take effect at 12:01 a.m. Tuesday, December 27, 2011. As of that day, 16- and 17-year-old drivers will need more training, they’ll be allowed to transport fewer passengers, and not wearing a seat belt will be enough for a teen driver to get pulled over. Even their teen passengers will have to buckle up.

The number of non-family passengers under age 18 is restricted for drivers under 18, if no parent or guardian is present. It’s just one such passenger for the first six months after getting a junior license, which is possible at age 16-1/2. Then, until the driver turns 18, it’s three passengers – if the driver has a record free of committing violations and even partly causing crashes.

Permit holders under 18 will need 65 hours of hands-on training, an increase of 15 hours. Ten of the additional hours must include driving at night and five hours must occur during poor weather conditions.

Dec

Holiday Season Safe Driving Tips

Recently, the Centers for Disease Control (CDC) put out some driving tips to make this a safer holiday season. Here are a few of the tips given. What others do you have?

1. Protect Yourself and Your Passengers – Wear a seatbelt because wearing your seatbelt can reduce your risk of dying in a crash by nearly 50 percent.

2. Celebrate Safely

a. Plan ahead – Always designate a non-drinking driver before any holiday party.

b. Take the keys – Don’t let friends drive if they are impaired.

c. Be a safe host – If you’re hosting a party, remind your guests to plan ahead and designate their sober driver; offer food and alcohol-free beverages; and make sure all of your guests leave with a sober driver.

3. Slow Down - Slow down and give yourself the extra space to react and break. This will allow you to be safe if you experience snow, ice or other hazardous weather.

Dec

DUI Arrests For Synthetic Drug Infractions On The Rise In Pennsylvania

December 15, 2011

According to The Patriot News, Pennsylvania law enforcement says that new synthetic drugs that flooded the market earlier this year are increasing the number of DUI cases they are handling.

Director of Law Enforcement Services for the state DUI Association and drug-recognition expert, George Geisler, has said that in the last three years, he has seen the number of drug-DUI arrests jump from 15 percent of all DUI arrests in 2008 to 23 percent in 2010–most of which is attributed to a rapid boom in the popularity of synthetic drugs.

In one case, a woman was arrested after police said she was driving under the influence of synthetic drug bath salts with an 18-month-old child in the back seat of her Mercedes Benz. Other drivers reported seeing the woman also run a red light while banging her head against the steering wheel. Just a short time later, a 33-year-old woman was arrested in Middletown after officers said they caught her driving on a cocktail of drugs, including the synthetic drug bath salts.

The Pennsylvania Car Accident Attorneys with Schmidt Kramer Injury Lawyers would like to take this opportunity to remind motorists to refrain from driving if you have consumed any amount of drugs or alcohol. Remember, just because taking a drug is legal, doesn’t necessarily make it safe to drive on.

Dec

Defendants’ Attempt To Obtain Plaintiff’s Social Media Information Denied

The Court of Common Pleas in Franklin County, Pennsylvania in Arcq v. Fields et al, No. 2008-2430 (Herman J. Franklin Co. Dec. 7, 2011) recently addressed a developing issue regarding the discoverability of a Plaintiff’s social network profile and information. The Plaintiff objected to interrogatories seeking social network information by arguing that the materials are not relevant and the Plaintiff has a reasonable expectation of privacy to such information. The Defendants argued that under other trial court cases, and one from the same court, the information is discoverable.

The trial court finds that there is one glaring difference the present case has from the others, and that is that the request of the Defendants in Arcq is not the result of viewing the public portion of the Plaintiff’s profile. In the other cases the Defendants viewed the Plaintiff’s public portion of the profile and then had reason to request the private portions of the social website. In Arcq, the Defendants made no such showing. Thus, the trial court denies the Defendants’ Motion.

For a copy of the opinion please contact Scott Cooper at SchmidtKramer Injury lawyers.

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