News Blog Page 29 of 34 | Schmidt Kramer

Police Claim Pennsylvania Texting Ban Is Tough to Enforce

Posted on behalf of Schmidt Kramer on December 05, 2012 in News

Posted on Dec 05, 2012 At Schmidt Kramer, we have been paying close attention to the Pennsylvania statewide texting ban since many of our clients are victims of distracted driving accidents. A Harrisburg car accident lawyer at our office recently noticed the following news article regarding the difficulty of enforcing the texting ban: Police in […]

Schmidt Kramer Partner and PAJ President Scott Cooper Spoke to Trial Lawyers On Federal Liens Yesterday

Posted on behalf of Schmidt Kramer on December 04, 2012 in News

Posted on Dec 04, 2012 Schmidt Kramer Partner Scott Cooper spoke to a group of trial lawyers at a Liens & Subrogation program sponsored by the Pennsylvania Association for Justice on December 3, 2012 in Philadelphia. His topic was “Federal Liens”. Download Scott’s Federal Liens Presentation To PAJ – December 2012 Powerpoint. It may be […]

Hospital Releases Carlisle Student Injured in Science Experiment

Posted on behalf of Schmidt Kramer on November 30, 2012 in News

Posted on Nov 30, 2012 All seven students who were injured Wednesday when a science experiment exploded at Wilson Middle School have been released from the hospital. Eighth-grader Justin Yuen was released Thursday evening from Johns Hopkins Bayview Center in Baltimore, officials said. Five children were burned and two suffered problems from smoke inhalation after […]

PennDOT Launches Two Programs to Aid Pennsylvania Car Crash Victims

Posted on behalf of Schmidt Kramer on November 30, 2012 in News

Posted on Nov 30, 2012 On November 9, 2012, Pennsylvania Governor Tom Corbett announced the launch of the Yellow Dot and the Emergency Contact Information programs. These programs, implemented by the Pennsylvania Department of Transportation (PennDOT), will help emergency responders to provide better treatment for accident victims. The following is an overview of the programs: […]

Pennsylvania Supreme Court Rules On 402A Defense Of Highly Reckless Conduct In Strict Liability

Posted on behalf of Schmidt Kramer on November 27, 2012 in News

Posted on Nov 27, 2012 Attached are the links to the Majority, Concurring, and Dissenting Opinions from the Pennsylvania Supreme Court in Reott v. Asia Trend, Inc., 28 WAP 2011 (Pa. Nov. 26, 2012) relating to the applicability of a defense of the plaintiff’s highly reckless conduct in a products liability 402A case. The Majority […]

Scott Cooper Presents to PTLA on Joint and Several Liability

Posted on behalf of Schmidt Kramer on November 19, 2012 in News

Posted on Nov 19, 2012 On November 14, 2012 Partner Scott Cooper was an invited guest and speaker for the Philadelphia Trial Lawyers Association’s monthly Lunch & learn on “Joint & Several Liability – How Has It Affected Your Practice?” Clearly, more than one person or company can contribute to an accident which causes serious […]

Pennsylvania Federal Court Issues Pre-trial Rulings In Auto Accident/Insurance Case

Posted on behalf of Schmidt Kramer on November 13, 2012 in News

Posted on Nov 13, 2012 In the Memorandum and Order of the Court from the Western District of Pennsylvania in Smith v. Allstate Ins. Co., 3:11-CV-165 (W.D. Pa. Nov. 8, 2012) the federal court recently issues an Order dealing with the Defendant Allstate’s Motions In Limine in a case involving Allstate’s handling of an insurance claim […]

New Free PennDOT Programs Can Help You In Time Of Emergency

Posted on behalf of Schmidt Kramer on November 12, 2012 in News

Posted on Nov 12, 2012 The Pennsylvania Department of Transportation is launching two free, voluntary programs aimed at saving the lives of Pennsylvanians in emergency situations. One is called the Yellow Dot program, the other Emergency Contact Information. Participants in the Yellow Dot program fill out the program form with their emergency contact, medical contact […]

Pennsylvania Homeowners Spared from Costly Hurricane Sandy Deductibles

Posted on behalf of Schmidt Kramer on November 06, 2012 in News

Posted on Nov 06, 2012 On November 1, 2012 the Commonwealth of Pennsylvania announced some good news for Pennsylvanians where many areas were slammed by Hurricane Sandy: Homeowners there won’t have to pay hurricane deductibles on their insurance claims, which can amount to thousands of dollars. Governor Tom Corbett added Pennsylvania to the growing list […]

Child Critically Injured by Foster Dad

Posted on behalf of Schmidt Kramer on October 30, 2012 in News

A three-year-old girl named Belle is at Penn State Hershey Medical Center with severe brain damage. She was physically abused by her foster dad, Joshua Martin, 23, of Reinholds, Pennsylvania. Her injuries were sustained over a three day period between Friday, September 21, 2012 and Sunday, September 23, 2012. Martin told investigators that the little […]

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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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