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Interesting Legal Cases

Pedestrian Accident – 12/21/2011

A client came to see me last week who had been injured when she was struck by a car while crossing a street in West Chester.  She sustained knee, wrist and low back injuries.  She received medical treatment and physical therapy for approximately six months before recovering.  She continues to suffer periodic setbacks requiring her to take pain medications and muscle relaxants.  She had been told by another attorney before coming to see me that since she possessed “limited tort” automobile insurance coverage, she would not be able to recover for her pain and suffering.  This is incorrect.       As I have indicated in previous blogs, if someone chooses to buy limited tort, they may pay less for their insurance but under most circumstances, they will be giving up substantial rights to file a claim for full recovery for their non-economic losses such as substantial actual physical pain, suffering, embarrassment, humiliation and the general disruption of one’s life.     There are several exceptions as I have mentioned before, but the one which most often applies is if he or she sustains “serious injury.”     In this case, although my client had limited tort, she still had a right to recover fully since she was a pedestrian.  This is because the Pennsylvania law does not place pedestrians in the same class of people as drivers or passengers.  The was not operating her motor vehicle at the time of the accident, therefore, the law did not apply to her and we were able to make a recovery for her.   Peter J. Hart

Joyride Settlement – 12/15/2011

A case which we recently settled was reported in the Pennsylvania Jury Verdict Review & Analysis.  This publication reports interesting jury verdicts and settlementsthere each month in Pennsylvania.        In our case, the plaintiff, age 20, and the defendant were attending a party together in Chester County when the defendant asked if anyone would like to take a ride in his new Ford Mustang.  The plaintiff was a backseat passenger in the vehicle when it crashed into a tree.  The defendant driver tendered a $15,000 liability policy limit and the case continued against the underinsured motorist carrier, which had issued coverage to the plaintiff.           Plaintiff was diagnosed with a complex laceration of his ankle.  He exhibited a jagged scar across the top of his foot.  He also lost some flexion of the foot as a result of the injury.  The laceration narrowly missed the tendon in the plaintiff’s foot and, therefore, no operation was needed to repair the tendon.            The case was settled with both the defendant driver and the underinsured motorist carrier in just over a year after the accident, and without the necessity of filing a lawsuit.  To maximize the recovery, we prepared a comprehensive settlement package which included graphic photographs of the injury, detailed medical expenses, expert reports and a witness list.          The case was settled for $235,000.   Steve Karp

 

 

Steve Karp

 

 

Karp And Hart Jury Story – 11/14/2011

A farmer is driving his horse and buggy with his dog by his side when a car forces him off the road.  The buggy is knocked over, and the farmer and his dog fall out.  The farmer sues the other driver for personal injuries and there is a jury trial.            At the trial, the farmer is cross examined by the insurance company lawyer.  The lawyer asks one question – “Mr. Farmer, isn’t it true that at the accident scene, you said ‘I’ve never felt better in my life.’”  The farmer responded, “Yes, I did say that.”             The lawyer representing the farmer then got up and asked the farmer to tell the jury about the circumstances when he made that comment.  The farmer told the jury that after he was thrown from his buggy, he was unconscious for a few minutes.  When he woke up, he saw the local sheriff at the accident scene. He saw the sheriff walk over to the farmer’s horse who was lying on the road with a broken leg.  The sheriff examined the horse’s leg and when he saw the break, he took out his gun and shot the horse in the head.  The sheriff then walked over to the farmer’s dog, who was lying next to the farmer.  The dog was whimpering and also looked like his legs were damaged beyond repair.  The sheriff then took out his gun and shot the dog in the head.  The sheriff then turned to the farmer and said, “How do you feel?”  The farmer then turned to his lawyer and said, “What do you think I said – I never felt better in my life.”       Steve Karp

 

Steve Karp

 

The Reason People Need Lawyers – 10/27/2011

I just concluded a case in which an insurance company acted totally unreasonable.  My client was a child who was hit by a car in a parking lot.  Fortunately, the injuries were minor, the child was better in a few days.  The insurance company refused to pay any money.  In some cases, where a child darts out between cars, the insurance company could be justified.  But in this case, there were other children playing in the parking lot, and my client was in plain view.  Not only that, but the defendant driver had no insurance, no driver’s license and had alcohol in the car.  

Although the value of the case was small, I filed a lawsuit.  I could not let the insurance company get away with this.  Shortly after we filed the lawsuit, the insurance company hired an attorney who managed to talk some sense into them. The case was settled.           If that child did not have access to a lawyer, the insurance company would not have had to pay a dime.     Steve Karp