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October 2013 Archives

Pennsylvania woman dies in tanker truck accident

Pottsville, Pennsylvania, truck operators are held to a higher standard while driving on the roadways. This is evident because those who drive trucks have to have a special license in order to do so. Those behind the while of an 18-wheeler or any other type of truck are required to possess a commercial driver's license (CDL) in order to operate the vehicle. There are also specific federal trucking regulations that apply to truckers and their responsibilities, while they are on the road. When a there is a crash involving a truck, the police investigation has to take into account these regulations and utilize them accordingly.

Man seriously injured in drunk driving accident in Pennsylvania

Being involved in a drunk driving accident can have devastating impacts both physically and psychologically which can be both be difficult to get over. The aftermath of an accident of this type takes its toll on those involved in the accident as well as the family members of the victims. Drunk driving accidents are different than other accidents in that the police investigation that follows will likely lead to the person who is the cause of the accident being criminally charged.

Pennsylvania driver killed in head-on collision

Driving is a one of the most dangerous things that people do day in and day out. The responsibilities that go along with driving are quite serious. All drivers have a legal duty not only to pay attention to what they are doing, but also to pay attention to what all the other drivers on the road are doing. A breach of this duty to pay attention can give rise to a claim for negligence.

Pennsylvania drunk drivers may face criminal charges with DUIs

Driving while under the influence and driving while intoxicated are against the law. Each state has rules and regulations regarding this type of behavior. The state laws determine when someone is considered intoxicated while driving and everyone that drives a motor vehicle is subject to these laws. When a car crash occurs involving a drunk driver and serious injuries result, the person driving drunk and responsible for the accident can be held criminally liable, depending on the facts and circumstances surrounding the accident.

Large award in Pennsylvania medical malpractice lawsuit

Medical malpractice claims are essentially negligence claims. A person bringing such a claim has to prove that the medical professional's mistake in fact happened and caused some type of damage. In other words, negligence cases require that the claimant prove there was a duty owed, that the duty owed was breached, and that the breach of that duty was the proximate cause of the damages suffered by the claimant. If this is done to the court's satisfaction, then the case will be successful. Failure to diagnose, doctor error and surgical error are all viable medical malpractice claims.

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Recent Results

Contractor Subcontractor Cases

  • $1 million Board of Claims verdict for a New York pipeline contractor against the DEP for a mine reclamation project outside Tamaqua.
  • $1 million recovery for a local general contractor against Blue Mountain School District involving the construction of a new elementary school.
  • $185,000 American Arbitration Association verdict for a Hazleton sitework contractor against a Montgomery County real estate developer.
  • $65,000 Schuylkill County verdict for a Luzerne County contractor against a Schuylkill County businessman, which included interest, costs and attorney's fees under the Prompt Pay Act.
  • Millions of dollars in settlements of numerous other construction claims throughout eastern Pennsylvania against private owners, school districts, municipalities and other governmental bodies.

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Criminal Defense

  • Acquittal on all felony charges against the target defendant in the internationally covered Shenandoah Hate Crime case.
  • Acquittal of a local police officer charged with multiple felonies arising out of a traffic stop involving illegal ATV riders.
  • Acquittal of a local contractor charged with rape. This case was one of the first challenges to DNA evidence in Schuylkill County.
  • Acquittal of a man charged with DUI by a State Trooper who boasted the highest DUI arrest and conviction rate in Schuylkill County.
  • Acquittal of a prominent local businessman charged with duct taping his ex-girlfriend following a domestic dispute.
  • Acquittal of a local tax collector charged with embezzling thousands of dollars in tax revenues from a local municipality.
  • Successful plea bargain which involved dismissal of first degree murder charges for a Shenandoah woman charged with killing her husband with a knife during a domestic dispute.
  • Acquittal of a Schuylkill County woman charged with homicide by vehicle while DUI. The client was initially found guilty when represented by a prior lawyer. She then came to our Firm, and we proceeded to get her a new trial on appeal and successfully defend her in the second trial.
  • Not Guilty by reason of insanity verdict for a Schuylkill County man charged with multiple assault-related crimes after holding police at bay with a loaded shotgun. This case was the first successful Insanity Defense cases in Schuylkill County.

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Medical Malpractice

  • $2.8 million Schuylkill County jury verdict for a woman's whose breast cancer was misdiagnosed. This remains the largest jury verdict in a Schuylkill County malpractice case in recent history.
  • $1.3 million mid-trial settlement in a Schuylkill County malpractice case involving the death of a woman who developed an undiagnosed infection following a burn injury.
  • $1.2 million settlement in a malpractice case involving a young woman who received improper radiation treatment for cervical cancer.
  • $1 million mid-trial settlement for a Schuylkill County woman who received permanent eye damage following a botched endoscopic procedure.
  • $975,000 settlement for an 18 month old infant whose infection was misdiagnosed for chickenpox and went untreated.
  • $950,000 Lehigh County malpractice settlement for a Schuylkill County man permanently injured by a botched arterial embolism procedure.
  • $750,000 pre-trial settlement against a doctor and hospital involving the death of a husband and father caused by a misdiagnosed stroke.
  • $700,000 Dauphin County malpractice settlement for a woman whose RSD was misdiagnosed.
  • $450,000 settlement against an Obstetrician who caused permanent facial nerve damage to a baby boy while using forceps during delivery.

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Personal Injury

  • $2.5 million settlement for a woman killed in a Lebanon County car crash.
  • $1.6 million New Jersey settlement for a New Jersey woman permanently injured by a speeding tractor trailer.
  • $950,000 mid-trial settlement for a Schuylkill County man who suffered a severe leg fracture after a crash on Route 901.
  • $750,000 settlement for a Schuylkill County man injured in a motorcycle crash.
  • $690,000 Schuylkill County jury verdict for a motorcyclist who lost a leg after a driver ran a red light and pulled out in front of him.
  • $650,000 New Jersey state court settlement against national garment manufacturers and retailers after an infant suffered third degree burns over most of his body because his pajamas did not meet minimum federal requirements for flame resistance.
  • $500,000 verdict for a Schuylkill County pedestrian who suffered back injury in crash
  • $500,000 jury verdict in Schuylkill County for a man who suffered severe orthopedic injuries in a car crash on Route 895.
  • $375,000 jury verdict in Schuylkill County involving a man who suffered a shattered ankle when a truck pulled out in front of him.

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Workplace Incidents

  • $17 million mid-trial settlement in Philadelphia County for two workers killed in an industrial explosion.
  • $4.5 million Allegheny County settlement for a steelworker who lost his legs in an industrial accident caused by international manufacturers.
  • $3 million settlement for a Schuylkill County man who was permanently injured by a defective piece of heavy construction equipment.
  • $3 million Philadelphia County settlement for a father and son killed in a construction site trench collapse.
  • $550,000.00 settlement for an Allegheny County man who fell through a hatch on a roof.
  • $550,000.00 settlement for a Berks County man who was burned when a cap blew off a pipe.

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Wrongful Death

  • $2.3 million Philadelphia County verdict for the parents of a son who was fatally assaulted leaving a bar by patrons who continued to be served alcohol after they were visibly intoxicated.
  • $1.75 million settlement for a father who died in a carbon monoxide poisoning incident caused by a defective furnace in a rental property.
  • $500,000 settlement for a Schuylkill County man who died of mesothelioma.

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Fanelli, Evans & Patel, P.C.
1 Mahantongo Street
Pottsville, PA 17901


Phone: 570-221-6541
Toll Free: 800-858-1532
Fax: 570-622-5336
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