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Juror Required To Turn Over Facebook Posts – Should It Be Allowed?

Posted on behalf of Schmidt Kramer on August 27, 2012 in General

Below is a report on a case from California regarding a juror who was required to turn over facebook posts about a case he was hearing. Even though this is a California criminal case, its logic can certainly be applied in a civil case, such as a car accident in Harrisburg, Central Pennsylvania or anywhere […]

Is Pennsylvania Voter ID Valid?

Posted on behalf of Schmidt Kramer on August 16, 2012 in General

Are voter ID laws aimed to disenfranchise people from exercising there right to vote or an effort to prevent voter fraud? Is Pennsylvania’s newly enacted voter ID law an attempt to suppress the November election vote which statistically would harm Democratic voters? The Harrisburg Patriot News is reporting today that the battle over the state’s controversial […]

After Sandusky Trial, Focus Turns to Civil Suits & the Freeh Report

Posted on behalf of Schmidt Kramer on July 18, 2012 in General

The Jerry Sandusky sexual abuse trial is over and the guilty verdicts have been read. But for many of the former Penn State football coach’s alleged molestation victims, the fight is just beginning. Now, after three new men have come forward with abuse allegations and just days after the enlightening Freeh Report was released to […]

Three More Alleged Sexual Abuse Victims Come Forward in Sandusky Case

Posted on behalf of Schmidt Kramer on July 18, 2012 in General

Less than a month after 68-year-old Jerry Sandusky was found guilty of multiple counts of sexual abuse, three more men have come forward—this time to say that they were molested by the former Penn State football coach during the 1970s and 1980s when Sandusky was in his 20s and 30s. Older victims could hurt the […]

Pennsylvania Lawyer Says Penn State Hazing Allegations May Involve Former School Employees

Posted on behalf of Schmidt Kramer on July 11, 2012 in General

May 9, 2012 – The Centre Daily News is continuing to report on hazing allegations at Penn State. Below is a copy of Matt Carroll’s article in today’s paper. It appears that at least one school employee may have been involved. A Penn State employee resigned and students were held from spring graduation in the wake of […]

Pennsylvania Supreme Court to Hear Case Regarding Emotional Distress Compensation

Posted on behalf of Schmidt Kramer on July 11, 2012 in General

May 3, 2012 – Below is a copy of the Pennsylvania Supreme Court Order from April 24, 2012 granting State Farm Mutual Auto Insurance Company’s Petition for Allowance of Appeal in Lipsky v. State Farm. This case was appealed from the Pennsylvania Superior Court after the lower court in an unpublished opinion held that the insureds […]

Violent Hazing At Penn State Has Former Student Seeking Justice

Posted on behalf of Schmidt Kramer on July 11, 2012 in General

She wants her abusers to face criminal charges and expulsion. Now she has hired attorneys to put pressure on the school, a story you will only see on CBS 21. Asya Trowell says she was looking for a good fit her freshman year at Penn State University. She pledged as a “little sister” as part […]

Move Over Law Seeks to Eliminate Fatal Work Injuries for Road Crews

Posted on behalf of Schmidt Kramer on July 11, 2012 in General

According to the Bureau of Labor Statistics, transportation accidents accounted for two out of every five fatal work injuries in 2010. The victims of these accidents, including a 23-year-old Lemoyne, Pennsylvania, tow truck driver who was killed in January, were remembered at a ceremony last week. WHTM 27 News reports that the ceremony was part of “National Move Over […]

PA Superior Court Issues Opinion Reversing Trial Court Regarding Bad Faith And Scope Of Recovery

Posted on behalf of Schmidt Kramer on July 11, 2012 in General

The Pennsylvania Superior Court provided an opinion from April 17, 2012 in Berg v. Nationwide Mutual Insurance Company, Inc. which deals with statutory bad faith (Section 8371) arising out of a motor vehicle property damage claim. The opinion vacates the entry of a directed verdict for Nationwide, reverses the trial court decision and remands the case for a […]

PennDOT Offers Manual for Pennsylvania Horse and Buggy Drivers

Posted on behalf of Schmidt Kramer on July 11, 2012 in General

May 1, 2012 – WHP-TV 21 from Harrisburg, Pennsylvania is reporting that Pennsylvania state police are investigating a hit and run crash that involved an Amish buggy over the weekend. Nobody was hurt in the crash which happened Sunday evening, April 29, 2012. Although accidents involving horse and buggies are rare, they do happen occasionally […]

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$10,043,952.13 Personal Injury
Schmidt Kramer, P.C.partner Gerard C. Kramer won a personal injury action for $10,043,952.13 in Northumberland County on behalf of a volunteer firefighter who was the victim of Intentional Tort. The 50-year-old volunteer firefighter was seriously injured when a barn collapsed, causing a spinal injury which left him a paraplegic. The claim was brought against the arsonist who intentionally started the fire. It is believed that the verdict is the highest ever in Northumberland County.
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$4,034,000.00 Personal Injury
Yesterday a Judge in Union County (Lewisburg, PA) awarded a couple from New Berlin, Pennsylvania, over $4,000,000 because the husband was shot while turkey hunting.You might ask yourself, how does a turkey hunting accident end up with that type of verdict? In order to understand the verdict you would have to know our clients. They are good people who had their life wrecked. Plus, you would have to know the defendant, who should not have been hunting with a gun because he was prohibited after a previous criminal conviction.It is a good verdict, because the Judge was able to do two things with his decision. First, he communicated to two very good people that their losses were something that those of us on the outside could appreciate and value. Mike Hobbins (our client) is a 51 year old guy who lost his sight because a convicted felon --who should not have even possessed a gun-- went hunting illegally, and broke with impunity the most fundamental rule in hunting: identify your target before you pull the trigger. The Judge accepted the financial loss Mr. Hobbins' suffered, but listened closely to the evidence of less tangible losses. When Mike broke down on the stand, because his daughter would end up walking him down the aisle at her wedding, as opposed to how it was supposed to go, the Judge was listening. When Mike could not keep it together, because of how emasculating it was for him not to be able to provide financially for his family, the Judge was listening. It was facts like these that the Judge cited to support the $2,000,000 award for non-economic damages. Second, the Judge wanted to send a message. Union County is a hunting county. Many of the residents hunt there, and people from outside the area come to Union County to hunt. It was my impression, from the Judge's statements as he rendered his decision, that he wanted to send a message to the people in Union County to protect them in their sport. The rules in place to restrict people convicted of crimes not to have a gun are not to be broken. Hunting is serious and you have to identify your target before you shoot. When you turn your back on the rules that are set to provide safety in a sport, you risk being an example. Here, the $1,000,000 punitive damage award sends that message loud and clear.When it really comes down to brass tacks, the right action was taken against a Defendant who may never truly appreciate what kind of impact his reckless choices caused.At Schmidt Kramer, we are injury lawyers. That means we work with people who were hurt in car accidents, who were hurt by the neglect of nursing homes, or those that were seriously injured because of the reckless, thoughtless acts of others. If you or a loved one have been injured in Pennsylvania, we may be able to help. While the verdict yesterday is not one that is representative of every case we do, it does show that serious and dedicated representation can bring good results.Joe ChapmanJanuary 18, 2013
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$2,200,000.00 Auto Accidents
On Monday, January 6, 2014, Schmidt Kramer accident lawyer Scott Cooper obtained a verdict on behalf of his client who is the widow of a man who died in a fiery crash on Interstate 78 in Lebanon County. The awarded verdict of $2.2 million was in a nonjury proceeding before a federal judge in the Middle District of Pennsylvania. That verdict includes $100,000 in punitive damages assessed against the owner of the trucking company.Kamilah Claxton won summary judgment in November after the defendants, Sukhwinder Singh and the trucking company for which he worked, failed to file a brief in opposition to Claxton's motion, which was made in September. The verdict in Claxton v. Singh was issued after the court held a non-jury assessment of damages earlier this month."Mr. Sukhchan Singh, the employer, is liable on the basis of respondent superior, but was also grossly negligent in failing to maintain his vehicle in compliance with state and federal law, particularly with regard to having required safety inspections and correcting defects in its braking equipment," said U.S. District Judge William W. Caldwell of the Middle District of Pennsylvania in his opinion accompanying the verdict."He was also grossly negligent in entrusting his vehicle to Sukhwinder Singh, an inexperienced truck driver who had failed the written test and driving test multiple times before finally earning his commercial driving license," Caldwell said.
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$1,200,000.00 Personal Injury
A Dauphin County jury has awarded a $1.2 million verdict to the parents of a 5-year-old who had an anoxic brain injury and stopped breathing after he had a tonsillectomy.2012-06-26 10:00:00 AMDate of Verdict: June 19. 2012Court and Case No.: C.P. Dauphin County No. 2009-CV-14003-MMJudge: Scott EvansType of Action: Medical malpracticeInjuries: Anoxic brain injuryPlaintiffs Counsel: Terry S. Hyman, Schmidt Kramer, HarrisburgPlaintiffs Experts: Dr. Anna H. Messner, liability; Lucille Packer, Pediatric Otolaryngology, Palo Alto, Calif.; Terry P. Leslie, vocations and earning capacity, Lancaster; Dr. Hilary B. Berlin, pediatric psychiatry, Great Neck, N.Y.Defense Counsel: Andrew H. Foulkrod, Darlene K. King, Foulkrod Ellis, Camp Hill, PADefense Experts: James C. Reilly, Pediatric Otolaryngology, Wilmington, DEComment: A Dauphin County jury has awarded a $1.2 million verdict to the parents of a 5-year-old who had an anoxic brain injury and stopped breathing after he had a tonsillectomy.The entire verdict came against Dr. Andrew M. Shapiro, the doctor who plaintiffs Reginald Graham and Tykeisha Metz alleged chose to have the boy monitored at a pediatric ward. The plaintiffs argued Shapiro failed to tell nurses caring for the baby about, and how to care for, the boy's enhanced risk for respiratory failure.The jury came back on June 19 and awarded Reginald Graham and Tykeisha Mets $500,000 in non-economic damages and $686,170 in loss of future earning capacity, according to the plaintiffs counsel.According to the statement, the baby's mother brought him to Shapiro because she was "'afraid that he might stop breathing during his sleep,'" the plaintiffs' pretrial statement said. Shapiro performed a sleep study and observed the baby's Apnea Hypopnea Index to be 43 — four times higher than what's considered severe. A tonsillectomy and adenoidectomy were performed.According to the plaintiffs, the baby's sleep study results put him at an increased risk for post-operative respiratory complications. Despite this, they argued in the statement, Shapiro ordered the pediatric nurses at the Harrisburg Hospital general pediatric ward to observe the boy as they would any other patients — about once every four hours.The pretrial statement said that one in four children who have an AHI in the 40s and oxygen desaturation below 80 have some type of respiratory problem. The younger the child, the greater the risk of a respiratory problem, the statement said.According to the statement, Shapiro took off the child's pulse oximeter, the finger-mounted device used to measure blood oxygen, and ordered a heart and respiratory rate monitor. The child was 11 months old at the time.The plaintiffs pled that the baby was last seen at 4 a.m. There was no record of his oxygen saturation for the next hour and 45 minutes. He stopped breathing a 6:40 a.m., and his brain was without oxygen long enough to cause demonstrable injury on an MRI."Immediately prior to his surgery, [the child] was a normal child, who could say mama, eat finger foods, and was just on the verge of walking," the statement said. "After his code, [he] was like a newborn. He could not lift his head or sit up. He could not talk. He could not move."In his pretrial statement, Shapiro argued that he recognized the child's pre-operative sleep study showed he was driven to breath by decreased blood oxygen saturation, which he said was typical in patients with obstructive sleep apnea.He argued the American Academy of Otolaryngology dictates that admission to the intensive care unit is not the standard of care. In the statement, he said nurses did not observe signs of respiratory distress. No alarms sounded until the child arrested, the statement said.He said the baby likely arrested as a result of hypoglycemia and/or an acute aspiration, which he argued would not have been identified by blood oxygen saturation.— Ben Present, of the Law Weekly
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$1,024,040.80 Auto Accidents
Scott Cooper settled a wrongful death case on behalf of the widow of a police office who was killed in a car accident in the line of duty for $1,024,040.80. The claim against the other driver was amicably resolved before suit was filed for the entire available policy limits for the other driver. The case took place in Adams County, PA.
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Greg W
Badreddine Saadoune
Michael Kosik was great, I couldn't have asked for a better lawyer. He worked to make sure my medical bills were adjusted appropriately to state law (since I was a victim) and worked hard to make sure I got an appropriate settlement. He is a very kind and understanding person who took the time to explain everything to me in great detail.
Darryl
Jessica Mitchell is lovely, she took care everything in a wonderful way. Definitely I would recommend her.
Mogart Febres
Abbie Trone!! I love her!! She’s amazing! She made everything easy. She was very nice to me! She took very care of my case & If need be i will use her again!!
Desiree Cannon