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Click on a Headline for the Full Story
Judge Rules in Favor of DLP Client in Gender Discrimination
Suit
DLP Defends Motorcycle Accident Victims
Local Attorney Obtains Board Certification in Trial Advocacy
DLP Represents Family Suing Landlord Over Fire
DLP Settles Dog Bite Case For $540,000
DLP Client Receives
$750,000.00 Settlement After Saftety Bar Gives Way at Local
Hotel
Patrick E. Dougherty named a Top 100 Lawyer in the State of
Pennsylvania
DLP Secures $1.1M
Award for Victim in Nursing Home Rape Case
Jury Awards
$1.5 Million In Medical Malpractice Case
DLP Secures $1.96 Million Award For Couple
DLP Wins $14.5 Million Settlement
DLP Secures Award Of
Policy Limits For Injured Motorist
DLP News
Archives
Judge rules in
favor of DLP Client in gender discrimination suit
Schott North America wanted
suit filed by six women after layoff in Duryea dismissed.
By Terrie Morgan-Besecker
tmorgan@timesleader.com Law & Order Reporter
SCRANTON – A federal judge has denied a motion filed by glass
manufacturer Schott North America that sought the dismissal of
a gender discrimination suit filed by six women who were laid
off in 2004.
U.S. District Judge James M. Munley on Monday said the women
had presented sufficient evidence to support their claims that
a rating system the company employed in determining which
workers would keep their jobs was biased in favor of males.
The suit, filed in 2006, alleges the rating system placed an
improper amount of weight on skills utilized in jobs that were
primarily held by men, compared to jobs that were held by
women. That allowed men to score higher, resulting in more men
than women retaining their jobs after a layoff at the
company’s Duryea plant in October 2004, the suit says.
According to the suit:
Production workers at the plant were divided into two
sections: “hot end” workers, who operated machines that
produced glass, and “cold end” workers, who inspected the
glass for defects and provided other finishing services. More
than 95 percent of the hot end jobs were held by males, while
roughly 76 percent of cold end jobs were held by females.
In 2004, Schott decided to cease production of a certain type
of glass at the Duryea plant. That led to a layoff and the
creation of a new position that combined the duties of hot end
and cold end jobs. To determine which workers would get the
new positions, the company devised a rating system that
assigned a numeric score to certain job skills.
The lawsuit alleged that system was heavily weighted in favor
of skills developed by hot end workers, even though the new
position required a combination of skills used in both
positions.
According to court documents, one-third of the 73 workers who
were evaluated were female, but only two of the 36 positions
that were created were awarded to women.
Schott claimed the hot end tasks were more difficult, thus it
was proper to give those skills more weight. The plaintiffs
maintained the cold end jobs were equally difficult. They
alleged the matrix was a ruse designed to ensure more men than
women would get the jobs.
In a 35-page ruling, Munley said the women had presented
evidence that the rating system did not rate skills required
for the job, but instead valued the skills that men were more
likely to have than women.
Munley noted testimony by females who said there was a
long-standing, hostile atmosphere toward women in the plant.
Some had testified they were subjected to sexual harassment
and were often belittled by male counterparts.
The suit was filed by the Equal Opportunity Commission on
behalf of six women, who are represented privately by attorney
Peter Winebrake of Philadelphia and Sean McDonough of Moosic.
Officials from Schott did not immediately return a phone
message left at the Duryea plant late Monday afternoon
DLP Defends Motorcycle Victims
In three separate confidential
settlements, DLP has secured six-figure
settelments for motorcycle accident victims.
Although the details of each case are confidential we can tell
you that all three settlements were for the insurance policy
limits.
Local Attorney Obtains Board Certification in Trial Advocacy
Brian J. Walsh, Esquire of Dougherty, Leventhal & Price, LLP recently obtained board certification through the National Board of Trial Advocacy. Brian is the son of Donald and MaryAnn Walsh and currently resides in Scranton with his wife, Lori, and 2 year old son. Brian obtained his Bachelor of Science Degree from the Pennsylvania State University in 1995 as well as his Juris Doctorate Degree from the Dickinson School of Law in 1998. Brian has been associated with Dougherty, Leventhal & Price, one of the areas largest personal injury law firms, for the past 5 years where his practice focuses exclusively on representing injured persons in automobile accidents, tractor trailer cases, product liability matters and slip and fall accidents. Brian sees clients at his Moosic and Kingston offices.
DLP Represents Family Suing Landlord Over Fire
(Times News article by Erin Nissley)
A family whose members lost everything and suffered serious burns while escaping a house fire in April 2006 has sued the apartment building’s owner, claiming the real estate company is liable because of a lack of smoke detectors and escape routes in the building and their apartment.
Angelica Gonzales Torres was home with her children, ages 3, 4 and 8, and her mother, Etelvina Gonzales, on April 8, 2006, when a fire broke out at 402-404 Broadway. The family is seeking damages, both compensatory and punitive, which includes about $219,000 in medical bills, from building owner L. Friedmann Realty Inc., of Monroe, N.Y.
Investigators say Vicky Scott, 50, and her accomplice, 22-year-old Iissha Martin, poured gasoline on the back porch and lit a match because Ms. Scott was angry with another resident in the building.
Mrs. Torres, Ms. Gonzales and the children had to run through the flames to escape the burning building, and all five were burned badly while fleeing, said their attorney, Sean P. McDonough, of Dougherty, Leventhal & Price.
The suit against L. Friedmann Realty focuses on alleged violations of state and city building codes, including not having smoke detectors, sprinklers or fire extinguishers anywhere in the building.
But perhaps the biggest failure, in Mr. McDonough’s opinion, is that the only entrance and exit to the Torres’ apartment led to the back porch. The suit claims the realty company ignored requests from Mrs. Torres and her husband, Marco, to repair the front door, which was boarded up and bolted shut.
“The fire was started in the back,” he said. “They were forced to run through the flames because there was no other way out.”
Attempts to reach L. Friedmann Realty officials were unsuccessful Friday.
Mrs. Torres suffered the most injuries, according to the suit, with burns to her arms, hands, back, thighs and feet. Her medical bills top $181,000, the suit claims. Ms. Gonzales and the children’s medical bills total at least $38,000, the suit claims.
Ms. Scott, serving a 9½- to 80-year sentence, and Ms. Martin, serving eight to 20 years, were ordered to pay restitution to the Torres family, as well as another resident who was home at the time of the fire.
However, it’s unlikely the Torres family will see any of the restitution money they deserve, Mr. McDonough said, because of the lengthy prison sentences.
DLP Settles Dog Bite Case For $540,000
In a confidential settlement, the DLP
law firm secured an award for a victim in a vicious dog bite
attack.
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DLP
Client Receives $750,000.00 Settlement After Saftety Bar Gives
Way at Local Hotel
A 57 year old paraplegic who sustained
right shoulder injuries while staying at the Holiday Inn
Express secured a settlement of $750,000.00 based on the
negligence of the defendant. The plaintiff, who was
represented by Attorneys Patrick Dougherty and Brian J Walsh
of the DLP Law Firm, suffered a torn bicep tendon, as well as
a torn rotator cuff when the safety bar detached from the wall
while the plaintiff was alighting from the commode.
As a result of the incident, the
plaintiff underwent arthroscopic surgery for his torn rotator
cuff. At the time of the incident, the plaintiff was employed
by the paralyzed veteran's association as a wheelchair repair
person. Due to the incident, the claimant was deemed totally
disabled and was unable to continue his employment.
DLP pursued a theory of liability that
the safety rail was inappropriately secured to the bathroom
wall. In addition, the complaint filed by DLP alleged that
the defendant was negligent for failing to have appropriate
inspection measures in place to ensure that the safety rails
were properly attached to the wall.
The case settled prior to trial with
the plaintiff securing a settlement in the amount of
$750,000.00 to compensate for future loss of earning capacity
and plaintiff's pain and suffering.
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Patrick E.
Dougherty named a Top 100 Lawyer in the State of Pennsylvania
Over the past 30
years, as the senior and founding partner of the personal
injury law firm of Dougherty, Leventhal & Price, LLP, Patrick
has obtained outstanding results for victims of automobile,
tractor trailer, product liability, dog bite and medical
negligence accidents throughout Northeastern Pennsylvania.
Recently, Pat was recognized by his peers as one of the Top
100 Lawyers in the State of Pennsylvania. Patrick is Board
Certified by the National Board of Trial Advocacy, President
of the NEPA Chapter of the American Board of Trial Advocacy, a
member of the Board of Governors of the Pennsylvania Trial
Lawyers Association and also a member of the House of
Delegates of the Pennsylvania Bar Association.
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DLP Secures $1.1M Award for
Victim in Nursing Home Rape Case
(Times News article by Erin Nissley)
A federal
judge has recently ruled that a former Nicholson woman who was
raped while a resident of a Nicholson nursing home in 2002
should receive $1.1M from the nursing home and its owner.
The victim
was represented by Attorney Patrick Dougherty and Attorney
Sean McDonough from the DLP law firm.
Daniel
Statham was convicted and is serving time for raping the
87-year-old Alzheimer's patient at the Country Living Personal
Care Home in Nicholson on February 27, 2002. The victim
passed away in May of 2006.
The
lawsuit filed on behalf of the victim and her son argued that
the facility was negligent because they allowed Statham to
become a resident of the home but did not notify other
residents or their families about his criminal background.
The lawsuit also alleged that the owner of the home, Shirley
Sheridan, and the employees at the home took no precautions to
ensure the safety of the other residents.
Before
moving into the home, Statham had been declared a sexually
violent predator under the Pennsylvania Megan's Law
provisions. When Statham had been released from prison,
Northumberland County probation officials were directed to
lodge Statham in a halfway house in Scranton, but could not
locate a facility to accept him. The probation officials then
contacted Shirley Sheridan, owner of the Country Living Home,
who accepted Statham as a resident.
U.S.
Magistrate Judge Thomas Blewitt agreed that Ms. Sheridan and
the staff at the nursing home knew about Statham's behavior
after he moved into the nursing home and did nothing to remove
him or to protect the other residents. The opinion issued by
Judge Blewitt criticized Sheridan for allowing unrestricted
access in the nursing home to a man she knew was a violent
sexual predator and for failing to notify the proper
authorities after the rape took place. The Judge's Decision
characterized the defendants' conduct as "indefensible" noting
the defendants "turned a blind eye to Statham's known
inappropriate behavior time and time again".
"The
observation has often been made that a society is measured by
the manor in which it regards and protects its most
vulnerable" noted Attorney Sean McDonough, who along with
Attorney Patrick Dougherty represented the plaintiff. "In our
view, that principle is embodied in the careful analysis and
substantial award issued by Judge Blewitt".
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JURY
AWARDS $1.5 MILLION IN MEDICAL MALPRACTICE CASE
A Columbia County jury awarded $1.5
million to the family of a patient whose pulmonary hemorrhage
was allegedly misdiagnosed by a Bloomsburg doctor. The law
firm of Dougherty, Leventhal & Price filed a medical
malpractice suit on behalf of the family of Bruce Whitmire,
43, against the doctor, Donald A. Remaly, alleging he had
mistakenly treated Whitmire for pneumonia.
"What killed him was that he was
allowed to bleed into his lungs for three weeks," said Patrick
Dougherty, who along with Attorney Brian Walsh represented the
Whitmires. Whitmire, a truck driver, died on April 10, 2000.
A Columbia County jury found Remaly
negligent in his care of Whitmire. It awarded $444,000 in
damages to the victim's family, $5,067 to cover the cost of
Whitmire's funeral and $1,050,933 to compensate for his
suffering and mental and physical pain. This represents the
largest jury verdict in the history of Columbia County.
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DLP SECURES
$1.96 MILLION AWARD FOR COUPLE
A
Nanticoke couple has been awarded $1.96 million in a verdict
returned by a Luzerne County jury against the Tennessee
corporation that operates Dollar General stores. The couple,
Joan and Jay Urbanski, was represented by Attorneys Patrick
Dougherty, Joseph Price and Brian Walsh of the DLP law firm.
Attorney Price believes the verdict to be a record in Luzerne
County for that type of case. It also could go higher as a
motion has been filed seeking delay damages against Dollar
General.
Mrs.
Urbanski, 40, was injured in a fall at a Dollar General Store
in Hanover Township on Sept. 4, 2000. She fell after stepping
on transparent plastic packaging material that had been left
in the store aisle. The jury determined Mrs. Urbanski, a
nurse, should receive $862,000 for economic damages, including
lost income and the costs of ongoing medical treatment, and $1
million in punitive damages. Her husband was awarded $100,000
for loss of companionship. Dollar General admitted negligence
relative to Mrs.
Urbanski's fall, but disputed the extent of her injuries and
the diagnosis of reflex sympathetic dystrophy, a nerve
disorder resulting from the fall, which disables Mrs.
Urbanski. Mr. Price said the case and verdict have a component
of deterrence. Attorney Price noted :"We wanted to tell this
Tennessee corporation that, if they're going to have outlets
and make profits from people in Northeastern Pennsylvania,
then they need to operate safe stores".
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DLP Wins $14.5 Million Settlement
Dougherty, Leventhal and Price attorneys Patrick E Dougherty,
Joseph G. Price and Paul T. Oven settled a motor vehicle
accident case against a paving company winning $14.5 million
for their client. The client sustained traumatic injuries in
the one car crash.
The
client turned out of a driveway and traveled about a half mile
when the passenger side tires left the road and dropped six
inches in an open and exposed dirt shoulder. Traveling at
about 45 mph, the tires ran along the dirt shoulder. The
client then over-steered the vehicle back into the road, yawed
and then struck two trees. The impact of the crash nearly
threw the plaintiff through the rear window.
The
paving company contracted with the Pennsylvania Department of
Transportation to pave and shoulder more than 40 miles on a
number of roads.
Shouldering and paving is a process whereby the edges of the
road are prepared and two layers of surface are laid.
Afterward, steps are to be taken to immediately restore the
shoulders of the road or to protect or warn the public about
the open road edge and drop off.
Despite completing the edge and paving work, the paving
company did not shoulder the road or protect or warn the
public about it at any time prior to completing the shoulder
work.
Now a
quadriplegic, the client spent months in various hospitals for
intensive physical therapy and rehabilitation. A life care
plan was prepared outlining the extensive costs associated
with future medical care and medical management. The client
is now at home under 24 hour care.
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DLP Secures Award Of
Policy Limits For Injured Motorist
In a recent settlement, Attorney Brian
Walsh of the DLP law firm secured an award of the insurance
policy limits ($300,000.00) for an injured motorist who had
initially agreed to settle the case for $3,000.00.
Plaintiff, a 19 year old male,
was injured in a motor vehicle accident.
Within a week of the accident, a
representative from the defendant's insurance company met with
the plaintiff, who had not yet secured legal representation.
The insurance representative convinced the plaintiff to sign a
release settling the case for a sum of $3,000.00. The
plaintiff then contacted the DLP law firm. DLP was able to
void the release and ultimately settled the case for
$300,000.00.
"It's important to know your
rights and not sell your claim short" commented DLP's Brian
Walsh, who represented the plaintiff and was able to secure
the applicable policy limits in the case. "This gentleman
thought he was getting a fair shake when he met with the
adjuster. In reality, he wasn't. Fortunately, he came to us
and we were able to void the release. The settlement we were
able to secure for him is fair compensation for the injuries
he suffered. The moral of the story- obtain legal counsel
early", Attorney Walsh added.
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