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Pennsylvania Injury Lawyers
Supreme Court of Pennsylvania appoints James P. Ronca, Scott B Cooper names as Readers Choice Attorney, Attitudes essay contest and more!
The Supreme Court of Pennsylvania appoints James R. Ronca
The law firm Schmidt, Ronca & Kramer, P.C. is pleased to announce that the Supreme Court of Pennsylvania recently appointed James R. Ronca to a three-year term on the prestigious Civil Procedural Rules Committee. Mr. Ronca is a civil trial attorney with over twenty years of experience.
The Civil Procedural Rules Committee is a group of 16 lawyers and judges appointed by the Supreme Court for the purpose of reviewing, designing, and revising the Rules of Procedure, which govern all aspects of civil practice filed with the courts, including those involving business, personal injury, product liability, and others except matters relating to the Orphans’ Court and Family Court divisions. Describing his appointment Mr. Ronca said, “I consider it a great honor and I look forward to serving both the courts and the citizens of Pennsylvania as a member of this important committee.”
The Civil Procedural Rules Committee was created in 1937. Committee members are appointed to three-year terms by the Court and may serve a maximum of two full terms. Members serve on the committee pro bono and attendance is required four times a year in either or Pittsburgh.
Scott B. Cooper, helping to protect the rights of children, is named as Readers’ Choice Attorney by Harrisburg Magazine
On September 28, 2005, the Pennsylvania Supreme Court ruled that the innocent children of an owner of a registered but uninsured vehicle have all the full rights to sue for all damages and are not limited only to unreimbursed expenses. In Holland v. Marcy, the Court ruled that two children who were injured as a result of a motor vehicle accident while occupants in their mother’s registered but uninsured vehicle “may pursue economic and non economic damages.” The insurance company attempted to limit the children’s rights by arguing that they were limited in their rights to sue.
Scott B. Cooper, member of the firm, authored the Supreme Court brief on behalf of the Pennsylvania Trial Lawyers Association. Scott also was named by Harrisburg Magazine as “Readers’ Choice Attorney.”
Attitudes Essay Contest
Charles E. Schmidt, Jr., and Gerard C. Kramer, partners with the firm of Schmidt, Ronca & Kramer, P.C., presented awards to area youth for their participation in United Cerebral Palsy (UCP) Central Pennsylvania’s Attitudes Essay Contest. Nearly 300 young writers participated, submitting essays about someone with a disability, their experience regarding the disabled, or their attitudes in general about disabilities.
Schmidt, Ronca & Kramer, P.C., promotes and sponsors this very successful contest, providing cash prizes to these gifted writers. Students from elementary, middle, and high schools in six counties are encouraged to participate. SRK strives to be involved and contribute to the greater awareness and acceptance of individuals with disabilities.
19th Annual UCP Golf Tournament tops last year’s effort!
Schmidt, Ronca & Kramer, P.C., once again sponsored the United Cerebral Palsy (UCP) Central Pennsylvania 19 th Annual Golf Tournament. Schmidt, Ronca & Kramer continues its commitment to this event. Once again, everyone worked hard to assure the success of the tournament.
All the registrants enjoyed a day of golf, food and fun. The golf tournament was held Monday, August 1, 2005, at the County Club of Harrisburg. The tournament began with a shotgun start of 106 golfers. Prizes were awarded at the buffet dinner reception, which included a live and silent auction. Proceeds from the event support the many resources and programs offered by UCP Central PA. This worthwhile effort raised $36,380 this year to benefit UCP.
CPSC fines manufacturer
In February 2005, the U.S. Consumer Product Safety Commission (CPSC) provisionally imposed a record $4 million penalty against Graco Children’s Product’s, Inc., of Exton, Pennsylvania.
CPSC officials levied the fine because Graco executives intentionally withheld information from the government that more than 12 million of its products posed danger to young children nationwide. Between 1991 and 2002, Graco know that its popular children’s high chairs, stroller, swings, and beds had serious defects—hundreds of injuries had been reported—but it failed to act.
“CPSC is at the forefront of protecting children from products that can case serious injuries,” stated CPSC Chairman Hal Stratton. “Today’s announcement demonstrates our commitment to protecting American families by holding companies accountable for keeping safety information from us.”
In the settlement, Graco agreed to recall 1.2 million toddler beds that could entrap infants’ arms, legs, and feet.
Texas study contradicts “litigation explosion”
Although politicians and the American Medical Association warn that the nation is in the midst of a “litigation explosion,” yet another study has shown there’s little evidence to make such a claim.
Researchers from Columbia University, the University of Illinois, and the University of Texas—including two doctors—who studied 15 years of Texas claims data, reported “remarkable stability” in medical malpractice lawsuits and payouts.
University researchers concluded that Texas physicians’ large insurance premium increases did not come from medical malpractice claims, but instead from dynamics operating within the insurance industry itself. Another research center, the National Bureau of Economic Research, has independently suggested that these factors might include insurance companies’ investment practices, competitive behavior, and the cycle of their underwriting.
The Texas researchers also reported that:
- Large claims (over $25,000) remained constant between 1991 and 2002.
- The number of small claims actually dropped sharply.
- Payouts and jury awards per claim remained constant or dropped.
- The rate of claims per 100 Texas physicians dropped from 6.4 (1990-92) to 4.6 (2000-02).
Medical bills and bankruptcy
A study appearing in Harvard University’s Health Affairs has linked bankruptcy and medical bills. Researchers who conducted in-depth surveys of nearly 2,000 individuals who filed for personal bankruptcy in 2001 found that roughly on in two file for bankruptcy because of medical bills resulting from illness or injury.
Nearly half of respondents reported that their medical expenses forced them to file for bankruptcy, even though 75 percent had health-care coverage. Filer averaged nearly $12,000 in out-of-pocket medical costs for co-payments and deductibles after they became ill. Many also lost their jobs due to their illness.
Bankruptcy legislation
In 2001, nearly 1.5 million Americans filed for bankruptcy. In 2005, Congress passed legislation that makes it more difficult for individuals to declare bankruptcy. At the same time, however, our nation is facing escalating medical costs, increasing numbers of Americans who are paying more for health coverage at work, and more who are also losing health coverage.
Class actions
The “Class Action Fairness Act of 2005,” signed into law in early 2005, is unfair to consumers and workers. It will take most class actions out of state courts and force them into the already overcrowded and overburdened federal court system. This class-action bill, weighed down with special-interest benefits, will make it much more difficult for those who have been harmed by corporate and other wrongdoers to obtain compensation.
Personal trust class action
The following personal trust class-action case settled in 2004 illustrates the potential value of class-action lawsuits litigated in state courts. When several banks merged, the purchasing bank notified beneficiaries that there had been personal trust overcharges and those fees would be reduced. Nearly 6,500 plaintiffs brought a class action alleging that for nearly 20 years the banks had overcharged frees for managing personal trusts and were now failing to properly compensate trust beneficiaries.
Beneficiaries’ attorneys argued that the defendants…
- Should have paid compound, not simple, interest to beneficiaries.
- Owed beneficiaries compensation for lost use of trust funds.
- Owned plaintiffs profits form overcharged fees.
- Were liable for punitive damages.
The banking defendants settled for damages of $35 million. On appeal, the defendants also settled for profits banks made on overcharged fees for $33 million.
Dog Bites
According to dogbitlaw.com, America is experiencing an epidemic. In a ten-year period, dog ownership grew by two percent, but bites increased by 33 percent. Insurers paid $345 million in claims in 2003. Financial losses due to dog bites exceed $1 billion annually.
Americans love their pets, and most dogs are safe. However, dogs still bite five million people annually, with 800,000 bites requiring medical attention. Far too many bite victims who need medical care are children, who are frequently bitten on the face. On average, 15-20 people die from dog bites every year.
Dogs that bite
Some insurers are refusing to cover homes with certain pet breeds. Insurance data show that dogs most likely to bite are Akitas, Alaskan malamutes, chows, Doberman pinchers, German shepherds, Great Danes, huskies, pit bulls, St. Bernard’s, and rottweilers.
A $20,000 dog bite
A woman who was visiting a friend’s apartment was bitten on her calf by the landlord’s dog, which broke its chain to attack her. The wound became infected and required skin-graft surgery, which left permanent scars. Medical expenses exceeded $20,000. The woman sued and the parties settled after jury selection.
AUTO ACCIDENT
After being in an auto accident, a driver is sometimes contacted by the other driver’s insurer. Here is what most auto agents recommend:
Q: Should a driver give a statement to the other person’s insurance company?
A: No. Unless their agent or attorney agrees, a driver should say nothing.
Q: How could making a statement hurt?
A: Most people are friendly and want to answer questions honestly and fully. That could hurt a driver’s case if he or she makes remarks that somehow increase their own liability or reduce the other driver’s responsibility. Insurance company representatives are trained to elicit these kinds of statements.
Q: So how should drivers respond if agents pressure them?
A: Drivers should tell representatives that theyu have attorneys and that all further contact should be directed to insurance agents or attorneys.
Q: I there anything else drivers should do?
A: Yes. As soon as they’re done with this kind of call, drivers should write a short record of covering the conversation, noting date, time, topics, and whatever else seems important. Stay in touch with insurance agents and attorneys.
Secret settlements
Secret justice conceals risk and can even kill. Back in 2000, consumers began hearing about a number of dreadful vehicle crashes linked to Firestone tires. They learned that although Firestone had recalled six million-plus tires, more than 200 drivers and passengers had died and been injured by Firestone’s products.
A shocking revelation was that although those harmed had sued, reports and information about this hazardous product had been sealed in secret court agreements. Wrongdoers can avoid public exposure by asking judges to approve secret agreements in which victims agree to silence in exchange for compensation.
Americans later read newspaper articles about a similar pattern of secret settlements involving…
- Sexually abusive priests in the Catholic Church.
- Systematic autoimmune disease related to silicone breast implants.
- Medical societies protecting incompetent physicians who have repeatedly committed medical malpractice.
Nearly 30 states have passed laws or promulgated court rules to keep such records open to public scrutiny to prevent additional harm or injury. But corporations, defense lawyers, and other backers of court secrecy keep finding new ways to hide serious problems from the clear light of day. Secret justice for the few is no real justice for all.
Recalled product roundup
Here are some recently recalled products you may have in your home for at work:
American Suzuki Motor Corporation has recalled 30,000 Suzuki 2004-2005 model year Vinson and 2005 KingQuad ATVs with faulty throttles that can injure riders.
Elegant Kids 2000, Inc., asks parents to return 34,500 Soother Baby Pacifiers, banned under federal law after failing federal safety tests. Nipples separate from bases and can choke infants or small children.
Whirlpool Corporation has recalled 40,000 KichenAid ProLine toasters with heating elements that can start fires.
MGA Entertainment, Inc., has called back 300,000 Bratz Stylin’ Scooters with wheels that can break and harm young riders.
Elec-Tech International Co., Ltd., of China and Applica Consumer Products, Inc., of Miramar, Florida, recalled 500,000 Black & Decker-brand ProBlend blenders with blades that can break and injure users.
Nature’s Finest voluntarily recalled about 727,000 Nature’s Finest Gel Candles, which can create a high flame and start fires.
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