Motorcycle Accidents Blog Page 3 of 4

What Is The Right Amount Of PA Motorcycle Insurance?

Posted on behalf of Schmidt Kramer on August 07, 2013 in Motorcycle Accidents

Schmidt Kramer and the Insurance Information Institute (I.I.I.), recommend that you review your motorcycle insurance coverage. Even though it is midway through summer it is never too late to make any important changes to protect yourself and anyone who may be a passenger on your bike. If you have questions about your motorcycle insurance coverage […]

Superior Court Strikes Down Underinsured Motorist Household Exclusion

Posted on behalf of Schmidt Kramer on July 19, 2013 in Motorcycle Accidents

Yesterday, July 19, 2013, the Pennsylvania Superior Court issued a published decision in Swarner v. Mutual Benefit which reverses a trial court opinion and finds that a household exclusion in an insurance policy is not valid, under the facts of the case. In the case, the Plaintiff Swarner was a passenger on a motorcycle. The motorcycle […]

Fatal Motorcycle-Car Crash Near Gettysburg

Posted on behalf of Schmidt Kramer on July 02, 2013 in Motorcycle Accidents

Posted on Jul 02, 2013 Pennsylvania State Police are investigating a motorcycle-car crash which killed a Hagerstown woman. The Central Pennsylvania car accident occurred near Gettysburg. Kimberly McBee was involved in a crash on U.S. Route 30 near Cashtown Road in Franklin Township, Adams County around 3:15 p.m. Saturday. If you have any information on […]

Motorcycle Accident In East Earl Township Injures 2

Posted on behalf of Schmidt Kramer on June 10, 2013 in Motorcycle Accidents

Posted on Jun 10, 2013 Police are reporting that two people were reportedly injured when their motorcycle collided with a minivan Sunday June 9, 2013 in East Earl Township. The motorcycle/car accident happened at around 12:45 p.m. at the intersection of Route 23 and Route 322. The two were taken to an area hospital with unknown injuries. Police are still […]

Motorcycle Crash On I-81 In Franklin County Injures 2

Posted on behalf of Schmidt Kramer on June 07, 2013 in Motorcycle Accidents

Posted on Jun 07, 2013 Two people were injured after their motorcycle got a flat tire on I-81 south this past Wednesday, June 5, 2013. According to the police, the Pennsylvania motorcycle accident occurred as Richard E. Weig and Patricia A. Leo, both of High Falls, N.Y., were heading north on I-81 near Kriner Road […]

Pennsylvania Motorcycle Accident Deaths Are Up – What Is the Cause?

Posted on behalf of Schmidt Kramer on May 28, 2013 in Motorcycle Accidents

The number of deaths in motorcycle crashes has increased by approximately 35% since Pennsylvania lawmakers decided a decade ago to give motorcyclists the choice of whether to wear helmets or not. Pennsylvania officials say 210 people died in motorcycle crashes last year, and only 100 wore helmets while 104 did not. There is no current […]

Taylor Township Motorcycle Crash Causes Injuries

Posted on behalf of Schmidt Kramer on May 20, 2013 in Motorcycle Accidents

Posted on May 20, 2013 A Hustontown motorcyclist suffered major injuries in a Taylor Township car accident this past weekend. According to the Pennsylvania State Police, Miranda Mullen, of Hustontown, was turning left onto South Madden Road from Pa. 475 when she saw Slade Benchoff of Hustotown, heading south on Pa. 475. Mullen tried to […]

Pottsville Motorcyclist Dies From Injuries in Car Crash

Posted on behalf of Schmidt Kramer on March 14, 2013 in Motorcycle Accidents

Posted on Mar 14, 2013 A Pottsville motorcyclist who was seriously injured in a three-vehicle accident last weekend in Washington Township has died. David John Guzick died Tuesday at the Hospital of the University of Pennsylvania. State police at Schuylkill Haven said the 1:45 p.m. crash occurred as Danielle Bevilacqua, 20, of Pine Grove, was distracted while […]

Proposal To Reduce Car Accidents By Rendering All Handheld Devices Inoperable

Posted on behalf of Schmidt Kramer on March 13, 2013 in Motorcycle Accidents

Researchers at West Virginia University are urging that cars becomes equipped with devices which make it impossible to send a text message, check any apps or even dial home while the car is in motion. Basically, their proposal makes any handled device inoperable while the car is in motion. What do you think of the […]

Franklin County Court Sentences Man Up To 7 Years For Motorcyclist’s Death

Posted on behalf of Schmidt Kramer on November 01, 2012 in Motorcycle Accidents

Franklin County Judge Douglas W. Herman sentenced Leon Chalmers Deardorff Jr., 30, to 21 months to seven years in state prison on Wednesday for homicide by vehicle – a third-degree felony. Deardorff, who lived at 14426 Dutchtown Road in Mercersburg, was sentenced to another 90 days’ imprisonment for driving while his license was suspended for […]

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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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