The Philadelphia Personal Injury Law Blog

February 2010 Archives

Watch That Step: QVC Step Stools Recalled Due To Injuries

Consumer Affairs reports that a set of for the potential danger that they pose to the people who use them. In cooperation with the U.S. Consumer Product Safety Commission (CPSC) 13,000 step stools are being recalled.

Apparently, nine instances of the step stools cracking or breaking while a person was standing on top of it have been reported. Out of those nine cases, four of them resulted in the . None of the injured consumers have hired a or filed a product liability lawsuit.

The QVC product, Kikkerland Easy-Fold and Easy-Store step stools, are sold in a set: one step stool at 9 inches the other at 15 inches tall. To identify the recalled step stools, their tops have white polka dots on them. The smaller of the two stools has the model number ZZ09-GR on it. The 15-inch step stool has the model number ZZ08-BR. 

Family Files Lawsuit For Son's Alleged Dog Bite

The Pittsburgh Tribune-Review reports that the parents of a six-year-old boy have filed a .

The boy, who was five years old in April of 2009, was at the Derry Area High School to see a production of "Annie." While in the lobby he came across Indy, the service dog who was playing the part of Sandy in the musical. The Associated Press adds that the dog was a part of a booth designed to inform the theatre goers of . The main function of this nonprofit group is to train dogs that can assist people with disabilities. The dog was wearing a vest that said, "I am friendly. Ask to pet me."

After the boy asked, the lawsuit states that he was given permission to pet Indy. While the boy was petting the dog, Indy allegedly bit him. The boy was then taken to a local hospital to receive treatment for injuries to his face.

Wrongful Death Suit Filed Against Uniontown Hospital

The Tribune-Review reports that a .

Shanin Specter, the that is representing the family, filed the claim on February 22. The lawsuit states that the victim, a 51-year-old mother, went to Uniontown Hospital because she was experiencing chest pain. When she was admitted to the emergency room, she told the doctor about her pain and how she felt the pain pulsing in her left arm. Her other symptom was shortness of breath.

After the emergency room doctor was aware of her symptoms, an ECG was ordered. According to E Medicine Health, an ECG (electrocardiogram) is a machine that "." The site goes on to list the symptoms of someone who would be required to have an ECG done, and the first two that are listed are chest pain and shortness of breath.

Parents Sue YMCA Over Alleged Child Abuse

The Pittsburgh Tribune-Review reports that several parents are suing the National Council of Young Men's Christian Associations of the United States of America (YMCA) and five former employees of the Regional Family .

While at the YMCA Child Development Center in South Connellsville, the lawsuit claims that the children, between the ages of 3 and 6, were . The Centers for Disease Control and Prevention describe the effects of ingested alum as "burning sensation in the mouth or stomach, diarrhea, vomiting, loss of appetite, nausea and choking." On January 12, 2009 the suit states that an assistant supervisor was informed of a particular incident involving a child and alum. The assistant supervisor was told by one of the defendants in the case, that a child was given alum; which induced choking. The lawsuit states that the child began to fight off the two adults and one of them kicked her. Once the assistant supervisor learned about the assault incident, she told the parent and then later called Fayette County Children and Youth Services.

Judge Dismisses Suit Against Duquesne U. For Negligence

The Pittsburgh Post-Gazette reported that a . Sam Ashaolu, a former basketball player for the university, attempted to sue the school as well as the university's Black Student Union for negligence. While he was attending an on-campus dance, he and four of his other teammates were wounded from gunfire when two men attacked them.

In 2006, the victim was shot twice in the head by William Holmes and Derek Lee. Mr. Holmes and Mr. Lee were accompanied by two women:  Erica Sager and Brittany Jones. Mr. Ashaolu's brain injury was the most severe. ABC 4 News reports that his PA personal injury attorney, Joshua Geist said in 2008 when the lawsuit was filed that, "It'll be a long, hard road for Sam Ashaolu to travel throughout his life. ." In the lawsuit, his PA personal injury attorney claimed that Duquesne University was negligent because they should have had better security.

PA Family Settles Wrongful Death Suit At Detention Center

The Legal Intelligencer reports that the .

The family's included Thomas R. Kline, David K. Inscho and Mark Alan Hoffman of Kline & Specter. They listed the city of Philadelphia, Chad Youth Enhancement Services, and Universal Health Services (UHS) as the defendants in this wrongful death lawsuit.

According to the Philadelphia Inquirer, . He was placed at the treatment facility because he missed a court hearing and he tested positive for marijuana. The plaintiff's documents state that Mr. Leach refused to leave his room, which caused Randall Rae, a staff member, to pin Mr. Leach on the ground and choke him. Witnesses to the attack claim that Mr. Rae then "slammed Leach's head into a wall and pinned him facedown on the floor for seven minutes." The day after he was attacked, Mr. Leach died at a local hospital.

Turkey Hill Recalls Ice Cream With Undeclared Almonds

So far, no one has needed a PA personal injury attorney due to the latest recall by Turkey Hill ice cream. The US Recall News reports that that was produced in Conestoga, Pennsylvania. The flavor in question, Chocolate Marshmallow Premium Ice Cream, has been recalled because almonds may have accidentally been added to the 1.5 quart tubs.

The recalled ice cream only poses a risk to people who have an allergy to almonds. Since the boxes do not list almonds as one of the ingredients, people with an almond allergy would not know that they could be putting themselves in danger. According to the Intelligencer Journal, only about . Mellissa Mattilio, a spokeswoman for the company said that they are having their own drivers reach the central Pennsylvania stores to personally remove the recalled ice cream. The 205 locations that received the ice cream range from grocery stores to chain stores such as Walmart.

Brothers Sue UPMC Over Alleged Medical Malpractice

The Pittsburgh Tribune-Review reported that the University of Pittsburgh Medical Center (UPMC) is being sued by . The two separate lawsuits were filed by the brothers' PA personal injury attorney, Harry Cohen. The lawsuits each list UPMC and the former chief of transplantation, Dr. Amadeo Marcos, as the defendants.

The lawsuit states that one of the brothers was a live organ donor for the other brother; who had liver disease. The two victims claim that after the live liver transplantation, they are both suffering from complications that arose during the surgeries. Their PA personal injury attorney Mr. Cohen claims that UPMC and Dr. Marcos are at fault for the brothers' injuries because they "failed to give the brothers all of the information concerning the dangers of live liver transplantation."

Lawsuit Claims Principal Was Speeding When She Hit Student

The Philadelphia Inquirer reported that a with her car.

On January 4, at approximately 6:48 a.m., a 16-year-old student was walking to Pennridge High School when he was struck by Mrs. Kantes' SUV. The lawsuit claims that he was in the crosswalk at the time of the car accident. It also alleges that Mrs. Kantes was speeding and had run a red light right before she hit the student.

Asbestos Fibers Found In PHA-Cleared Home

Repairmen are supposed to fix things and make your home more livable; however, two men claim that that was not the case at Kyeeshah Wright's apartment in September of 2009. Robert Smith and Rudy Barbosa claim that while they were repairing Wright's home, they came across asbestos.

The Philadelphia Daily News reports that instead of properly disposing of the asbestos, Smith and Barbosa allege that they broke federal and local laws by pushing all of the asbestos back into a wall, and then sealing the wall back up. They claim that their Philadelphia Housing Authority (PHA) supervisor ordered them to illegally "dispose" of the asbestos fibers that were found inside of Wright's home. In addition to being illegal, if this action is true, it was also very dangerous because exposure to asbestos has been known to cause asbestosis and mesothelioma.

Sensient Offers To Settle Lawsuit by EPA

The Philadelphia Inquirer reports that Sensient Technologies Corp. of Milwaukee has offered to settle a lawsuit regarding a toxic waste site in East Camden, New Jersey. The 2007 federal lawsuit seeks to repay money that spent in order to clean the site of a toxic waste site. The Philadelphia Inquirer reports that Sensient, is offering to pay from $10 million to $12 million to have the lawsuit settled. While the company did not own or operate the site in question in this lawsuit, it did purchase the company that did.

Sensient was part of a group of companies that were sued by the Environmental Protection Agency around at a site located along 31st Street and Lemuel Avenue. As a result, the site was tested in 1998. The area was deemed a Superfund site in 2006.