Posts Tagged ‘Brian G. Price’

Personal Injury Attorney, 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.

Recently, Pennsylvania Personal Injury Attorneys Brian G. Price & Brian J. Walsh of the law firm of Dougherty, Leventhal & Price, L.L.P. scored a major victory for car accident victims in the Pennsylvania Superior Court.  DLP’s latest victory will have a direct effect on motor vehicle victims’ cases throughout the Commonwealth and assist thousands of victims to receive the compensation they deserve.

In April of 2001, the Plaintiff, Thomas Vaxmonsky, was seriously injured in a motor vehicle accident near Scranton, Pennsylvania.  Mr. Vaxmonsky retained the professional legal services of Dougherty, Leventhal & Price, (DLP law).  Attorney Brian Price immediately collected off of the person who caused the accident and simultaneously looked to American International Insurance Company to secure Thomas Vaxmonsky’s underinsured motorist coverage (UIM) which protected him on the date of the accident.

American International Insurance Company advised Attorney Price that Thomas Vaxmonsky had rejected UIM coverage.  Attorney Price requested proof of the rejection.  Attorney Price analyzed the paperwork and discovered that American International Insurance Company had not followed the very strict laws of Pennsylvania as it relates to an insured properly rejecting UIM coverage.  Thomas Vaxmonsky’s proposed UIM rejection form was missing one word.

Attorney Price advised American International Insurance Company of their error.  The insurance company refused to accept responsibility and would not pay Thomas Vaxmonsky his UIM benefits.  Attorney Price fought the insurance company in Luzerne County and all the way up to the Pennsylvania Superior Court.

Ultimately, in American International Insurance Company v. Vaxmonsky 2006 Pa. Super. 373, the Pennsylvania Superior Court agreed with Attorney Price and ruled that because AIIC’s proposed rejection of Uninsured Motorist Coverage was missing one word; it did not comply with 75 Pa.C.S.A. §1731.  Hence, Thomas Vaxmonsky was afforded the $400,000.00 worth of underinsured motorist coverage which DLP argued protected him on the date of the motor vehicle accident at issue.

Thomas Vaxmonsky received his money and now thousands throughout Pennsylvania are able to receive the underinsured motorist coverage that many did not even know they rejected.  Another example of why it is so important to hire a lawyer to fight for your rights after a motor vehicle accident.

Respectfully submitted,
Attorney Brian G. Price
DLP law
Toll Free 1-877-357-9700

February is the time of year when many young men decide that their current love is the one that they want to spend the rest of their life with. Here in the United States, it is customary for young men to go out and buy a diamond engagement ring in order to demonstrate their love and commitment to their future bride. Prior to making this major investment, here are a few tips that you should consider:

1. Insure that you are dealing with a reputable & experienced diamond jeweler,
2. Make sure that the diamond is certified by the gemologist institute of America,
3. Research the four C’s: carrot, cut, clarity & color, prior to purchasing.

Now for some law. Just in case the engagement does not lead to an actual marriage. Can a young man recover his diamond ring? In the case of Lindh v. Surman, 702 A.2d 560 (Pa. Super. 1997), a young couple became engaged. The diamond ring was worth $21,000.00. The future bride and her family began wedding preparations. However, the future bride then got cold feet and called off the wedding. The future groom requested his ring back and the young woman refused to return the same. The case went to court and the issue was, Who should get the ring? The Pennsylvania Superior Court ruled that the gift of an engagement ring was subject to the an implied condition requiring its return if a marriage does not take place.

So go ahead and fall in love this February but remember to always know the law.

Respectfully submitted,
Brian G. Price, Esquire
Dougherty, Leventhal & Price, L.L.P (DLP)
459 Wyoming Ave.
Kingston, Pa. 18704
Also in Moosic, Honesdale & Haz1eton
Toll free 1-877-357-9700

The Holiday Season is a joyous time to celebrate with family and to reconnect with old friends.  Many times, as hosts, we greet our friends and family with rich foods, beer and wine.  Make sure that you remain conscious and observant at your holiday festivities regarding the amount of alcohol that your guests are consuming.  Here are a few tips to make you a better host:

1. Always serve food at your celebrations instead of just alcohol;
2. Have an adult pour your guests= drinks so that someone is observing the appearance and actions of your friends
3. Use smaller glasses to serve alcoholic drinks;
4. Remind your guests that Pennsylvania=s level of intoxication is now .08.
5. Stop serving alcohol an hour or two prior to the ending of the celebration.

By following the above recommendations you may very well avert your family and friends from confronting a DUI investigation or even worse, an accident.

When it comes to minors drinking at your holiday celebrations, you must be even more cognizant of their actions and the law.  In Congini v. Portersville Valve Co., 504 Pa. 157, 470 A.2d 515, the Pennsylvania Supreme Court held that a Social Host could be liable for the injuries sustained by others on account of a minor consuming alcohol at a social event.  The court reconfirmed the public policy that minors are incompetent to handle alcohol.  There is an affirmative duty upon adults not to serve minors alcohol at social functions.

So, enjoy this blessed holiday season but know the law as it pertains to you, your guests and alcohol.

Respectfully Submitted,

Brian G. Price, Esquire

The holiday season is here once more. The lawyers at Dougherty Leventhal & Price wish to remind you that some of the best things in life are not things at all. Celebrate your holidays bys pending time with your loved ones and be very cautious regarding the use of credit cards to purchase items which you cannot afford.

Did you know that 92% of Americans carry 5 to 6 credit cards in their wallets? Did you know that 55% of Americans have 7 to 8 credit cards in their wallets? 20% of credit card users are “maxed out”. It takes 22 years to pay off a debt of $1,000.00 if you only make the minimum payments.

If the above statistics were not enough to ruin your holiday cheer, the Federal Government has passed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. This new law allows banks to change the minimum 2% monthly payment on existing credit card debt to 4%. The payoff period is now 10 years instead of 20 years. For example, the average American carries credit card debt equating to $8,652.00. At a 2 % minimum payment, the monthly payment was $432.60. Now, at 4%, the minimum monthly could equate to $865.20 per month. This is not a gift you want to find under your Christmas tree.

So enjoy this Holiday Season but remember to only spend within your means so that you are not negatively affected by the new credit card laws.

Brian G. Price, Esquire

Make Sure Your Little Goblins Know The Law of Crossing the Street

The time of year has come once more when our little ghosts and goblins will be roaming the streets of Northeastern Pennsylvania looking for a trick or a treat. Prior to sending your little witches and devils out on the streets, make sure they know the law in Pennsylvania regarding pedestrian crossings. Also, make sure that you know the law in Pennsylvania pertaining to your obligation as a driver when approaching a pedestrian in the street.

Initially, under the law, when an intersection in controlled by a stop light, a vehicle with a green light shall yield the right of way to a pedestrian also attempting to cross the same intersection. See 75 Pa.C.S.A §3112. When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right – of – way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute a hazard. See Pa.C.S.A. §3542.

The Pennsylvania Supreme Court has long established that drivers of motor vehicles approaching intersections, “must be highly vigilant and maintain such control that, on the shortest possible notice, they can stop their cars so as to prevent danger to pedestrians.” Anderson v. Wood, 264 Pa. 98, 107 A. 658 (1919).

So make sure your little ones are well lit up this Halloween season and always cross at a corner or crosswalk. And you as a driver, remember to yield to these little ghosts and goblins or you may receive a trick you did not desire.

Respectfully Submitted,

Brian G. Price, Esquire

KNOWING THE LAW WHEN APPROACHING A SCHOOL BUS

Very soon, the morning commute will be filled with children returning to school and boarding their school buses. Make sure that you fully know and understand the laws of Pennsylvania as they relate to approaching and overtaking a stopped school bus.

Under the law, a driver of a vehicle meeting or overtaking any school bus stopped on a highway or trafficway shall stop at least ten (10) feet before reaching the school bus when the red signal lights of the school bus are flashing. This includes roadways marked with double yellow lines. The driver shall not proceed until the red flashing signal lights are no longer activated. In no event shall a driver of a vehicle resume motion of the vehicle until the school children who may have alighted from the school bus have reached a place of safety.

Moreover, the driver of a vehicle approaching an intersection at which a school bus is stopped shall stop his vehicle at that intersection until the bus’s flashing red signals are no longer activated.

Third, any violation of the above constitutes a summary offense and carries a fine of $250 along with the potential of having your license suspended.

Brian G. Price, Esquire