The Philadelphia Personal Injury Law Blog

June 2012 Archives

Loose Wolf-Dog in Pennypack Could Catch Owner Liability

There have been quite a few reports about the wolf-dog in Pennypack Park. At first it was thought to be a wolf, but now it seems that the wolf-dog hybrid's owner has come forward to claim the animal as his, reports the Philadelphia Inquirer.

Kasey Lyons has told reporters that the wolf-dog had been a gift to his now ex-fiancé, the Inquirer states. Now, Lyons is out with his other dog Tony, searching for Levi the wolf-dog. Lyons was close to apprehending Levi, when a stranger accidentally scared the wolf-dog away.

Was it such a good idea for Lyons to admit ownership of Levi?

School Bus Crash on Way to Great Adventure Raises Great Liability

You send the kids off to camp during the summer to get them out of your hair while they don’t have school. You think that it’s great, all those other adults taking care of your little terrors. Then those adults go and crash buses together on the way to the amusement park.

On Thursday, 39 children from a sports camp in Tannersville were injured when one camper-carting bus rear-ended another while on the way to Six Flags Great Adventure in Jackson, New Jersey, reports NBC10. Fortunately, only two of the four buses carrying 100 9- and 10-year-olds were involved in the accident. Is there a lawsuit here?

Dole Lettuce Recall Probably Recalls E.Coli Outbreak of 2006

On June 23, Dole Fresh Vegetables announced a precautionary recall of some of its bagged salads, according to Dole's website. The recall was due to the discovery of Listeria monocytogenes in a random sample of Dole's salad in North Carolina. No one has reported becoming ill from the products yet.

The type of salad is sold around the country in Kroger and Walmart stores, according to NBC10. What is interesting about the recall is that it was announced on June 23, but the recall is for salad with a use-by date of June 19. So this is really just a warning to people that hang on to food in their fridge just a little too long.

KFC Not Liable for Employee's Pistol Whipping Service

Back in 2007, a Kentucky Fried Chicken counter person decided exactly how long you can stand at the counter without making a decision about what sides you want, according to the Philadelphia Daily News. Michael C. Henry determined that customer Edward L. Harris had wasted the time of the customers behind him long enough, so Henry pulled out his pistol and asked Harris politely if he "want[ed] the f*ing chicken or not?"

Harris responded to Henry's threat with the question of whether Henry was going to shoot him over a bucket of chicken before turning to head for the door, according to the Daily News. At that point, Henry came up behind Harris and then pistol-whipped him in the face.

Flushmate III: Exploding Toilets Recalled

What's the last thing you'd want to happen during your morning constitutional? Have someone walk in, hear the phone ring, or have the toilet explode on you? It's probably safe to say you'd rather miss a phone call then have the back of the toilet explode and soak you/hit you with broken pieces of toilet.

But that's exactly what's happened with 304 toilets manufactured by Flushmate, a division of Sloan Valve Company, reports the Philadelphia Inquirer. These explosions were caused by a buildup of pressure that was strong enough to lift the lids and shatter the tanks of the toilets. Fourteen owners of the Series 503 Flushmate III Pressure Assist flushing system have reported bruises or cuts from the exploding toilets.

SEPTA Bus Attack: Classic Battery Situation

Have you seen the video of the SEPTA bus attack? A woman in a pink shirt gets on the bus, and just when she's about to sit down, she jumps across the aisle to start punching and hitting a man sitting on the other side of the bus, according to NBC10.

About 8 passengers watched without trying to stop the woman (you know to stay away when you see crazy), and the man did nothing to fight back, merely blocking the hits with his arms, reports the Philadelphia Inquirer.

Alec Baldwin Punches Photographer; Battery Suit to Follow?

Ok, maybe not all conflict in Alec Baldwin’s life centers on Words with Friends. But the actor best known for his role as Jack Donaghy on 30 Rock, and infamously for refusing to turn off his cell phone on an airplane, is in the news for allegedly punching a photographer, according to The Associated Press.

Baldwin was with his fiancé, Hilaria Thomas, at a Manhattan government office to get their marriage license when the couple was confronted by New York Daily News photographer Marcus Santos and other photographers, According to the AP, Baldwin claims that Santos lunged at him, almost hitting Baldwin in the teeth with the camera lens, according to TMZ. This raises the issue of whether Baldwin would have a self-defense claim if Santos were to file a civil lawsuit.

Former NBA Referee Tim Donaghy Gets Damages for his Emotional Damage

Tim Donaghy, a Deleware County native, is back in the news after being kicked out of the NBA as a referee for placing bets on the basketball games he was officiating. But this time, he's on the positive end of the law, reports the Philadelphia Daily News. It looks like Donaghy had bet on the publisher of his memoir to be on the up and up, and lost.

However, losing that bet seems to have put him in a better financial position than if his publisher had actually given him all the revenue from the sale of his book. The Florida jury awarded Donaghy $1.3 million in his suit against Shawna Vercher and her now-defunct company VTi Group for breach of contract, theft, and infliction of emotional distress, according to the Daily News.

While breach of contract and theft are straightforward, what about this infliction of emotional distress stuff?

Slander Most Foul: John Connelly Jr. Accused at Black-Tie Dinner

In December 2011, John Connelly Jr. was allegedly the victim of slander when another guest at the elegant black-tie dinner they were both attending accused him of poisoning his wife to death, according to Courthouse News Service. The guest, Scott W. Ryan, in the middle of the dinner declared in a loud voice that he had personal knowledge that Connelly murdered his wife by poisoning her, reports Courthouse News.

This is an amazing example of a defamation suit that actually has merit. Usually when someone cries "slander!" or "libel!" it is because they don't want the truth of their wrongdoing to be brought out into the light, or it is just a case of name-calling. However, as you'll see, defamation requires more than just an insult.

Phillie Phanatic Sued: Too Fanatical for One Fan

On June 12th, an Ablington woman sued the Phillie Phanatic for negligence, according to the Courthouse News Service. Suzanne Peirce claims that while attending her sister’s wedding, the Phanatic was doing a “comic routine” during which the Phanatic picked her and her pool lounge chair off the ground and threw her into the shallow end of the pool, according to the Philadelphia Daily News.

Peirce also sued the Phillies, and the hotel where the event occurred, according to WPVI-TV. She claims that the incident injured her head, neck, back, body, arms and legs, bones, muscles, tendons, ligaments, nerves and tissues, among others, reports the Daily News. What does this mean for the Phillies and the Phanatic?

Boxed Pasta Mix Recall: Metal Shards in Seasoning Mix

The FDA announced the voluntary recall of certain boxed pasta mixes sold at Aldi and Walmart that were manufactured at ST Specialty Foods, Inc., a subsidiary of Bay Valley Foods. All the recalled products included a seasoning blend that may have bits of metal mixed in with the other seasonings, according to the FDA.

Did you know that this could have cost the company a lot more money than just throwing out the tens of thousands of boxes of the stuff that contain metal? If ST Specialty Foods had not discovered the issue and someone was injured by the product, then watch out, that's a class action lawsuit waiting to happen.

NFL Concussion Suit Steps up Its Game

On June 7th, the NFL concussion suit got just that much bigger, according to FindLaw's Courtside Blog. According to the new complaint filed in the federal court located in Philadelphia, the concussion suit now covers all 80 other suits filed by over 2,000 retired NFL Players, reports the Philadelphia Inquirer.

To remind readers, the suit is based on the allegation that the NFL wrongly concealed the fact that brain injury would occur after multiple head injuries, writes the Inquirer. The suit follows the suicides of a handful of prominent retired players, such as Junior Seau, and seeks to establish medical monitoring funded by the NFL for retired players.

Off-Duty Police Captain Saves Boy's Life; Did He Have To?

Adrienne Armenia was driving her son to the doctor's office when the boy had a seizure and stopped breathing, according to NBC10 Philadelphia. She quickly pulled to the side of the road and called for help.

Before emergency workers could reach Armenia, an off-duty police captain from Pleasantville, Jose Ruiz, spotted Armenia and her boy and noted something was wrong, reports the Press of Atlantic City. The Press reported further that Ruiz immediately pulled his car over and began administering CPR to save the boy's life. After on-duty police arrived and continued CPR, the boy began breathing again on his own, writes the Press.

In Scranton, Water Balloon Fight Leads to Battery?

Over the first weekend in June, Joe Mongeon, a 33-year-old man attacked a 9-year-old boy and then punched the boy's mother in the face after the boy hit Mongeon with a water balloon, according to the Scranton Times-Tribune. The Times-Tribune reports that Mongeon started the water balloon fight with the boy and then became upset after the boy actually hit Mongeon with a balloon.

Mongeon not only got angry, he ran after the boy, pushed him to the ground, and then kicked him on the ground, reports the Times-Tribune. The boy's mother, Helen Flynn, then attempted to stop Mongeon, for which she received a punch to the face.