Posts Tagged ‘lawsuit’

Don noticed that the brakes on his car were really beginning to squeak loudly when he applied them. Don decided to take the car in to the “Get Rich Quick” Brake Shop owned by his buddy, Eddie.

The car was in the shop for 2 days when Eddie assured Don that the brakes were as good as new. Don drove the car off the lot and was heading back to his home in Hamlin. He came to a light and started to apply the brakes, but the car did not react at all, causing Don to crash in to Mrs. Penny and her brand new 2010 Buick.

Mrs. Penny suffered injuries and her car was damaged extensively. She filed a lawsuit against Don.

Issue: Does Don have any redress against his friend, Eddie, and the “Get Rich Quick” Brake Shop?

Answer: Yes. Don will be able to join in the lawsuit which was filed against him Eddie, individually, and his repair shop, as what we call additional defendants. Don will allege and, in all likelihood, succeed in proving that there was no negligence on his part but, rather, the accident was caused solely by the negligent repair job done by Eddie.

As a result of all this, it will be Eddie’s insurance company that will have to pay for the damages to Mrs. Penny.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Slim Jenkins was crossing Main Street in downtown Honesdale in front of the post office on a specially designated area marked as a pedestrian crossing. Main Street was particularly busy because the summer camps were starting to close, and many parents were picking up their campers and returning home. Big Al and his wife, Debbie, from Manhattan had just picked up their son and were heading south on Main Street. Al was looking for a place to stop to get a bite to eat and did not notice Slim crossing the street. It was too late when Al noticed Slim. Al ended up hitting Slim dead on, throwing Slim about ten feet in the air.

Poor Slim suffered fractures of his left hip and arm as well as other injuries. If it wasn’t for the expert care that Slim received from the orthopedic surgeon at Wayne Memorial, Slim’s injuries may have been permanent.

Issue: Where could Slim bring a lawsuit to recover from his pain and suffering?

Answer: Because of the fact that Big Al was from New York State, Slim would be able to bring a lawsuit in the Middle District of Pennsylvania in Federal Court. This is because there is what is called diversity of citizenship as Big Al was from New York and Slim was a resident of Pennsylvania, and the amount in controversy is in excess of $75,000.00 as a result of the serious nature of Slim’s injuries. Slim could also bring a lawsuit in County Court in Honesdale or even in the court which would have jurisdiction where Big Al lives. In this case, Slim’s attorneys will certainly file suit in the Middle District of Pennsylvania, and the trial will take place in Federal Court in Scranton.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Mr. Goodheart had been suffering chest pains because of an erratic heartbeat for a number of years. His cardiologist decided it was best if he had a pacemaker inserted which was done. Several weeks after the insertion of the pacemaker, Mr. Goodheart passed out while in a grocery store.

The first medics on the scene actually experienced being electrically shocked when they touched Mr. Goodheart. As it turned out, the pacemaker was shorting out because of the fact that it was malfunctioning. Unfortunately, for Mr. Goodheart, he would not survive the ordeal.

Mr. Goodheart’s family would bring a lawsuit against the manufacturer of the pacemaker. As it turned out, a number of the pacemakers that the manufacturer had supplied were defective, and the serial numbers on those defective pacemakers had, in the past, been sent out. Notice of the defective nature of Mr. Goodheart’s pacemaker, though, had not been distributed.

Mr. Goodheart’s family decided to bring a lawsuit against the manufacturer of the pacemaker.

Question: Will they be successful?

Answer: Based upon a recent United States Supreme Court Decision, Mr. Goodheart’s family will not be successful in pursing a lawsuit against the manufacturer of the defective pacemaker. Before the manufacturer was allowed to place the pacemaker into commerce where it could be used, it had to have acquired FDA approval. The pacemaker had, in fact, achieved such a status. Our Supreme Court has taken the position that once the FDA gave an approval, defects in the product such as the pacemaker which are inserted in the body, even though ultimately defective, cannot be the basis for a lawsuit.

This situation is different than the lawsuits involving the drug, Vioxx, because it was learned that some of the studies done prior to FDA approval by that manufacturer showed that Vioxx may lead to serious complications. Those particular results were not provided to the FDA at the time that that manufacturer was seeking approval.

This most recent decision is another indication of the highest court siding with large manufacturing companies over the interests of consumers.