Posts Tagged ‘Luzerne County’

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 personal injury 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 the 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”.

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