The Philadelphia Personal Injury Law Blog

May 2012 Archives

What Exactly is the Philly Hang Gang Doing Wrong?

Recently, there has been a lot of attention given to the "Philly Hang Gang." According to the Philadelphia Daily News, the group is a collection of ATV and dirt bike riders that cruise around Philadelphia doing stunts like wheelies and fishtails.

Neighbors have begun to complain that the cops aren't doing enough to stop the group from creating loud annoyances that some say are dangerous. Neighbors also complain that the police can't chase the riders because the ATVs can go over sidewalks and through parks with ease.

So what is it they are doing wrong?

Camden Court Attack: Revenge Doesn't Make You Less Liable

Tuesday, a relative of murder victim Sophia Ortiz lunged at her accused killer, Julio Martinez, at an arraignment in Camden, New Jersey. The Courier Post reports that during a courtroom hearing, the relative jumped over benches while attempting to attack Martinez before he was stopped and restrained by multiple sheriff's deputies.

What the relative might not realize is that even though Martinez, if found guilty, will have many of his rights taken away, he would still have the right to file a personal injury claim.

Top 5 Ways to Minimize Car Accident Liability this Memorial Day

It happened again. Another auto accident has claimed the lives of a teen and another man, as one more teen recovers in the hospital, according to WPVI-TV 6. This accident is a reminder that the roads are dangerous, especially on a heavy traffic weekend like Memorial Day.

While everyone should drive defensively and avoid an accident, these things happen. If you find yourself involved in an accident, after assuring everyone's safe, you will want to make sure that you do not add to your troubles by exposing yourself to more liability than necessary.

Sketchy Skechers Ads: $40 Mill in Refunds via 'Honor System'

What happens when a billion dollar product fails to deliver on its alleged promises? You get three guesses.

That's right, someone gets sued. The Federal Trade Commission did just that, on behalf of the aggrieved customers of Skechers USA, Inc.

According to the FTC, Skechers made claims that their not terribly attractive platform exercise shoes, also known as "Shape-Ups," "Resistance Runners," "Tone-ups," and "Toners," would provide all of the exercise that you need, without going to the gym.

Eagles OT Jason Peters Suing Roll-A-Bout, What Are His Damages?

Our sister blog, The Tarnished Twenty, reports that Jason Peters, the left tackle for the Eagles, will be filing a lawsuit after having to undergo a second surgery due to a malfunctioning mobility device. According to the blog, and other news sources, Peters was using the Roll-A-Bout when it collapsed and caused him to retear his Achilles’ tendon. He had surgery on that tendon earlier this offseason.

While Tarnished Twenty covered the possible theories of recovery, the damages issue is also quite complicated. For an NFL player, the obvious source of damages is lost wages. But there other sources of lost income as well as pain and suffering that should be considered as well.

What Happens to Leftover Class-Action Funds in Pennsylvania?

We've all gotten those odd notices. Some class-action settlement has occurred based on some product that we may or may not have purchased years ago, and we are now entitled to a $0.37 share of the proceeds. A lot of people, especially when the amount is a pittance, fail to claim their piece of the pie.

So, what happens to the left over class-action money?

Well, thanks to the newest rules promulgated by the Pennsylvania Supreme Court, the residual funds from a class action award or settlement should now go towards providing legal services for low-income residents of the state, reports the Pennsylvania Record.

Philly School's Empty Rooms A Haven for Crime, Premises Liability?

Disturbing news has emerged from the basement of a local Philadelphia High School. On May 4, a 15-year-old male student lured a female student into the basement of Germantown High School and sexually assaulted her, reports the Philadelphia Inquirer.

Though a sexual assault in a high school is disturbing enough, the Inquirer also dug up 45 serious incidents at that same high school over a six-year period. Eleven were sex offenses. And it's not just the basement or stairwells. There were 27 sexual assaults throughout the school and nearly 400 serious incidents in general.

Officer Michael Paige: Civil Trial Over Alleged Fellatio Delayed

Officer Michael Paige bought some time on his civil trial. The federal judge in the case granted a delay until June 25 for the civil-rights trial because the officer, a reservist, is away on military leave. Paige, who is still an active Philadelphia police officer, faces civil liability for the alleged sexual assault of James Harris in his police cruiser in Fairmount Park.

Harris' claims that Paige violated his civil rights by forcing the North Philadelphia man to repeatedly perform oral sex on him in 2007 fell upon deaf ears in the criminal court. The decisive issue in that case was consent. The Judge felt that the acts were consensual.

The Police Department had earlier found the opposite, and had fired Paige, but he was later reinstated after a battle with the Fraternal Order of Police.

Junior Seau's Death Adds More Smoke to NFL Suit Fire

They say that correlation does not equal causation. However, at a certain point, when there's enough smoke, when do we begin to worry about putting out the fire?

This blog has been covering the NFL lawsuits extensively. It seems every few months, another tragedy strikes. A former player is diagnosed with ALS and told he only has a few years to live. Another former player commits suicide by shooting himself in the chest.

And now, Junior Seau has done the same.

Harris v. Paige: Cop Allegedly Sexually Assaulted Philly Man

On Monday, the civil suit against Officer Michael Paige begins, reports the Philadelphia Inquirer. Officer Paige has been accused and acquitted, in a court of law, of forcing James Harris to perform oral sex three times on a cold May morning in 2008.

The story of the alleged incident, pulled from the civil case filings, contains graphic details for those of you who might be squeamish. James Harris and an unidentified male were in a vehicle at 2:00 am. They had been smoking marijuana while waiting out a snowstorm and were allegedly kissing in their vehicle.

Stunning Video of 2010 Duckboat Crash; Trial Starts Monday

On the eve of trial, the attorneys for the parents of two plaintiffs who died in the horrific boat Duckboat crash in 2010 have released footage of the accident, reports NBC 10 Philadelphia. The crash happened when a Ride the Ducks boat, full of passengers, stalled in the Delaware River.

After being stranded for a short time, an immense tugboat, the Caribbean Sea, crushed the diminutive tour boat, with most of the passengers still on board. Amazingly, only two people died as a result of the crash, which the NTSB has labeled a warning of the “dangers of distraction.”

Target Will Face a Jury for Baby Vomit Slip and Fall

Judge Gene Pratter released a decision on Monday in a local baby vomit slip and fall case, and the news was not positive for Target.

According to the released court document, Nadyne Timberlake was entering the Target store at 4000 Monument Road when she slipped and fell on a pool of baby puke. Surveillance tape shows Target employees standing near the puke for approximately seven minutes prior to the fall.