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 Posted on November 29, 2022 in For Lawyers

You don’t know who this is do you? Like all things these days, there are a lot of things funny and not pulling on our attention and time. Tony is, apparently, the gold mining king of the Klondike a star of the show Gold Rush. But, for me, he is a very entertaining, no bs kind of business owner. I would guess he makes millions of dollars mining gold in his small business. He has comically large expenses, like he needs to buy a million dollar bulldozer and there are days and weeks when he is putting money into the business stripping the overburden before he can get to the gold. But, once on the gold, Tony is relentless about pushing his crew to get results. Described by his daughter as loved by animals and small children, Tony is one of a kind. If you are loved by animals and small children, there are a lot of people who don’t love you or your manner. It bespeaks a disregard of social norms, but a good heart underneath. Tony curses so much and is so rough on his people that you have to see that success is what keeps people coming back to work for him. In gold mining, there are lots of failed miners and few success stories. Tony is a success and survivor.

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 Posted on November 29, 2022 in Auto Accidents

Here is an interesting article from the people who publish Wordle. https://www.nytimes.com/2022/11/27/upshot/road-deaths-pedestrians-cyclists.html?smid=nytcore-ios-share&referringSource=articleShare

If you are TLDR, then here is a summary. If you don’t know TLDR, then time to catch up with the current world racing past you. Per the NY Times’ article, “Much of the familiar explanation for America’s road safety record lies with a transportation system primarily designed to move cars quickly, not to move people safely. “Motor vehicles are first, highways are first, and everything else is an afterthought,” said Jennifer Homendy, chair of the National Transportation Safety Board.

https://www.nytimes.com/2022/11/27/upshot/road-deaths-pedestrians-cyclists.html?smid=nytcore-ios-share&referringSource=articleShare#:~:text=in%202021.-,United%20States,%E2%80%938%25,-Slovakia.

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 Posted on November 15, 2022 in In the News

Edie. law dog in training

Edie, a new yellow Labrador Retriever has arrived at Chez Neuwirth. My older lab Louis went over the rainbow earlier this year and we were concerned that Yukon, who is also a yellow lab was lonely. We may have misjudged that. Edie is 9 weeks old and rather freestyling with her peeing and whining and generally being an infant. We are getting less sleep but taking lots of puppy photos and videos. Yukon does not seem too thrilled with the whole idea of a new puppy and is generally tolerating Edie.  I will keep you updated.

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 Posted on November 15, 2022 in Case Matters

excited accident victim shouting and showing win gesture near attorney in court

What makes cases more valuable in the eyes of both sides is whether the injured person has a permanent injury that will not resolve. Essentially, could both sides see a jury compensating the claimant for future pain and suffering beyond where the person is today? If so, then the person will have a case with unlimited damages. This poses a problem for valuation on both sides.

For the insurer, a permanent serious injury that will inflict obvious harm or disability is a case that needs to be analyzed and resolved if negligence is clear. So, what do these cases look like? Well, I am currently working on a case where a vehicle passenger’s right arm no longer fully rotates from palm up to palm down due to a crash. By any definition, he has a permanent and lifelong injury from this crash. The case will have to be resolved by the insurer. This is not a case that they will want to take to trial because it would not be hard for a jury to award large six figure numbers to my client for the injury.

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 Posted on November 15, 2022 in Case Matters

Female Traffic Police Officer Recording Details Of Road Traffic Accident On Mobile Phone

In Pennsylvania, for various evidentiary reasons, whether a vehicle occupant was wearing a seatbelt or not is inadmissible.  Pennsylvania’s seatbelt law is codified at 75 Pa.C.S.A. Section 4581. While the law makes seatbelt use in the Commonwealth mandatory, it also precludes evidence of a violation of this requirement in any civil action. In Gaudio v. Ford Motor Company, 976 A.2d 524 (2009), the Superior Court said simply that the statute applies and no deviation appears to be permissible. The evidentiary argument for this is that almost all of the time, the person who was not wearing a seatbelt was not negligent in the operation of their car and the burden of proof cannot and should not be shifted to an innocent or non-negligent passenger when the accident was caused by the negligence of another driver. Even if the passengers were not wearing seatbelts, the accident would not have occurred but for the negligence of the other driver.

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 Posted on October 31, 2022 in Sue The City

It’s almost slip and fall season again. Also known as "winter", slip and fall season generates a lot of fractured arms, wrists, ankles, and noses. What does a leaf have to do with all this? Well, if you fall in a hole in the sidewalk, on the street, or trip on a hole due to a missing sewer or water utility line covering, there are several defenses that will be a part of any lawsuit defense.  The defense typically and rightly will raise the issue of whether you were looking where you were going? Lawyers will argue that the defect you fell in was open and obvious. There are multiple ways to deal with this problem. Was the hole actually open and obvious? I have had people call me inquiring about whether they have a case, but when they say that they were watching a video and fell in a hole, I turn them down. On the contrary, what happens if you were walking along and encountered a decent sized hole, but the hole was obscured by leaves? That makes it not open and obvious, right? Yes. As a result, anything obscuring a pedestrian’s vision of a hole or defect is powerful evidence for the plaintiff. There are innumerable other examples of things that obscure open and obvious defects. Shadows and darkness at night obscure most holes and defects unless there is a lamppost overhead. Rain obscures defects when it fills in a hole. Taking immediate photos of holes, defects etc. makes a big difference in these cases. I have had good success when clients photo the ice and snow, or leaves, or rain filled holes. Failing to do this makes a strong case weaker, but not a non-starter.

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 Posted on October 31, 2022 in Case Matters

This is not a popularity question because that line is too long. Nope. Where is your average personal injury lawyer least well received? I have found large property managers or landlords are probably those who like me the least. I have been to cocktail parties or chamber of commerce where I introduce myself and my professional work and the conversation just stops cold. It is a routine occurrence at this point.

So, why does a commercial landlord dislike me and my brethren? It is fairly simple. Business-people hate paying for insurance and perceive all slip and falls on their property as frivolous or filed by money hungry poor people, who don’t take personal responsibility for their actions. In truth, while there is always an element of personal responsibility that drives down slip and fall settlements, the secret to the landlord’s animus is that they could have avoided their sidewalk decaying, their walkways uncleared, etc. with the application of a little bit of money. When their conduct is indefensible, they get upset. Nobody likes to sit for a deposition. It is even worse when you are the property manager and your failures are just startlingly obvious.

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 Posted on October 31, 2022 in Case Matters

There is a law of war? Who knew. In college, I read an interesting book called Just and Unjust Wars by Michael Walzer, who is a history professor. The book addressed the somewhat unwritten rules of war that unfortunately has persistent relevance to this day in light of Ukraine’s situation. Russia seems to persist in targeting civilians. Walzer is adamant that the Rules of War, such as they are, do not permit attacking civilians as a mechanism of war. It is okay to shoot combatants but not non-combatants. Walzer opines that it is a violation of the Rules of War to shoot an opposing soldier, who is merely bathing during wartime, but that seems a close call to me. Another interesting aspect of the book is a discussion of rules regarding reprisals. Reprisals are essentially a response in kind to aggression by the opponent. So, if the Palestinians killed an Israeli soldier on patrol, Walzer would permit the Israeli army to destroy a convoy of Palestinian militants. But, it would not be permissible to kill civilian Palestinians or to target a hospital.

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 Posted on October 18, 2022 in For Lawyers

If you are interested in how far down a rabbit hole Fox News can send you, kindly see the attached Shoemaker v. UPMC case. Our Superior Court had to take its time and overlook routine procedures to make the point that just because you want a treatment to be given to you, the Hospital does not have to give it.  In other words, let the doctors practice medicine as we have traditionally done here based upon evidence and research. If you would like to use Fox News endorsed treatments, go somewhere else. The facts of Shoemaker are sadly nutty. Mr. Shoemaker, in December of 2021, developed worsening covid. His vaccination status is unstated, but let’s assume he was unvaxxed. He got worse and worse and was placed into the UPMC ICU on a ventilator. His spouse demanded that he be given ivermectin, which is used for deworming horses. I give my dog ivermectin every month for heartworm. It is dipped in a nice meaty flavoring and my dog loves it. I cannot catch heartworm, so I abstain. Anyway, Mr. Shoemaker was in such distress that his healthcare power of attorney was making decisions for him. They went and found a New York lawyer and a local doctor to prescribe ivermectin. But, since Shoemaker was in UPMC hospital, the hospital said you cannot administer meds here that are not approved by modern medical guidelines. Essentially, UPMC said, we are not a vet and you cannot give this drug on our premises.

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 Posted on October 18, 2022 in Auto Accidents

So, NFL sideline reporter and commentator was in a bad car crash recently. She happens to also be a spokesperson for Mercedes and was in one of their sedans. As you may see from photos, all her air bags went off following a crash in which an oncoming car turned left across her path and she had the right of way.

In Pennsylvania, the law on this is as follows: § 3322.  Vehicle turning left.

The driver of a vehicle intending to turn left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute a hazard.

Left turn cases usually make good personal injury cases. Essentially, when you are driving along minding your own business and an oncoming driver turns across your lane of travel there is going to be a big impact because you had the right of way and no warning that there was about to be a car in your way. So, you are doing about 35mph and just come to a complete stop impaling the other car.

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