The Philadelphia Personal Injury Law Blog

March 2012 Archives

Man Shot in Front of Two Children; Second Victim Suffers Seizure

A 39-year-old Frankford father of two was shot in the lower back while tied down during a home invasion robbery early Wednesday morning, reports NBC 10 Philadelphia. The man's two children, ages 8 and 12 were present and witnessed their father being bound and shot. Another witness, a 51-year-old man who was also tied down, suffered a seizure. Both of the victims are currently receiving treatment at the hospital.

In addition to the obvious criminal issues, there will be civil issues of battery and trespassing, and this home invasion robbery could bring rise to an intentional infliction of emotional distress lawsuit.

Josefina Rivera Captive of Gary Heidnik Recounts Violence

Josefina Rivera, who was more or less tortured and raped by notorious murderer and sadist Gary Heidnik, and made to do his bidding even as he killed other women, recently opened up about many of the things she witnessed including the manner in which she was abducted from 3rd and Girard where she used to work as a prostitute, reports Philadelphia Daily News.

The details are chilling, especially as Josefina Rivera was Gary Heidnik's first prisoner. She would later be joined by five other women. She reveals that Heidnik was obsessed with getting the women pregnant and had sex with each one every day, according to the Daily News.

Some Pink Slime Plant Operations Suspended

Americans like their food; but they also like not to be grossed out by their food.

As a result, the company that makes “pink slime” — which received a lot of exposure in the news recently — is under considerable pressure and had to suspend some of its plant operations, reports The Associated Press. The name of the company is Beef Products Inc., with plants in Texas, Kansas, and Iowa, as well as South Dakota.

Olney Rap Video Shooting Leads To Fatality

An Olney rap video shooting led to a gruesome scene, reports the Philadelphia Daily News.

In front of a hundred people, a man was first shot and then his body was run over by a car leaving the scene. The shooting occurred in front of a group of people gathered for the rap video filming, on Tabor Road and 5th Street.

Oxford Circle: Korean Couple Attacked

There has been yet another home invasion of an Asian business owner in Oxford Circle as a Korean couple was attacked when they pulled into their driveway, reports Philadelphia Daily News.

The husband, who goes by the name of Kenny and didn’t want his name published, had just come home with his wife from their West Philadelphia business. And that was when the attackers came at them from behind. The attackers took $3,000 in cash from Kenny and $4,000 in cash from his wife. They then forced the wife to crawl into the basement and later escaped from the house with an additional $23,000 in cash.

Gerber Good Start Gentle Powdered Infant Formula Recalled

Another baby formula recalled. Gerber Products Company and the federal Food and Drug Administration (FDA) announced that Gerber’s Good Start Gentle Powdered Infant Formula is being recalled.

The Gerber recall is apparently over foul odor complaints and the FDA insists that the product poses no health or safety risks to users. Yet, in the same recall press release, the FDA says that the product has caused babies to spit up and suffer other gastrointestinal complaints, writes the Huffington Post. So which is it — are the products safe or not?

PA Attorney General Warns of Vacation Home Scams

As April slowly approaches, consumers are starting to make travel plans for the summer. In recent years, it’s become quite common for vacationers to seek out bargains by looking for vacation home rentals on Internet sites like Craigslist and other online classified ads.

Unfortunately, these websites are also popular with scam artists looking to lure unsuspecting consumers, says Pennsylvania Attorney General Linda Kelly in her press release.

Tainted Milk Ordered to Landfill Sold to Customers Instead

Authorities ordered that several truckloads of raw milk be destroyed, given that it was unsafe for human consumption. Stuck with truckloads of tainted milk, Landis Trucking decided to sell the milk at a severe discount instead, reports The Associated Press.

Lebanon Cheese Co. allegedly bought the tainted milk with cash and then made ricotta cheese, selling it to restaurants, delis, ravioli manufacturers and others. Instead of a landfill, the harmful milk product ended up on your dinner table.

Synthes Lawsuit for Bone Cement Death

Two patients died on the operating table during spinal surgery. The deaths were allegedly linked to an illegal clinical trial of bone cement promoted by Chester County's Synthes Inc.

The families of the two victims, Ryoichi Kikuchi and Barbara Marcelino, both 83-years-old at the time of death, have filed Synthes lawsuits for the bone cement deaths, reports The Philadelphia Inquirer. Both had surgery at the John Muir Medical Center in Northern California and died after doctors injected the bone cement into their spines.

Pennsylvania Texting Law Setback to Driving Safety?

In what should have been a major win for driver safety, Pennsylvania lawmakers passed a Pennsylvania texting law that makes it illegal to drive and text. Unfortunately, while banning texting and driving, the state law allows talking on your cell phone with a handheld device and overrides local laws that required hands-free devices.

Pennsylvania’s largest city (Philadelphia) and capital (Harrisburg) had both passed local laws that banned driving and talking or texting on a cell phone while using a handheld device, reports Hands-Free Info. You needed a hands-free device like a Bluetooth if you wanted to talk while driving.

Rush Limbaugh is no stranger to controversy. For local residents, we best remember Limbaugh for saying that former Philadelphia Eagles quarterback Donovan McNabb received so many accolades partly because he was black -- leading to his ouster from ESPN.

Now Limbaugh has stuck his foot in his mouth again as he called Georgetown law student Sandra Fluke a “slut” and “prostitute” for backing a plan that would require employers and insurers to provide free contraceptives, reports the Philadelphia Daily News.

Could this could lead to a Rush Limbaugh defamation lawsuit?

John Tomaszewski will avoid any criminal charges for driving a Megabus into a low-hanging bridge. Four people were killed in the fatal bus accident, but a judge found that Tomaszewski did not act in a criminal manner.

With the criminal trial out of the way, the civil wrongful death lawsuits which were on hold can now proceed, reports The Philadelphia Inquirer.

Rutgers Failed to Take Action to Protect Tyler Clementi?

As the Dharun Ravi criminal trial continues, it was revealed that Tyler Clementi had concerns about his roommates and even approached administrators at Rutgers University for a room change or to discipline Ravi.

It wasn’t reported if the university ever had a chance to react, but Clementi jumped to his death apparently because of the alleged bullying by his roommate Ravi, reports the New York Post.