Posts Tagged ‘New York’

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.

Homer and Gavanis were best of friends for 40 years. It has become a tradition during football season that the two buddies would bet on one game per week, $100 per game. Usually, by the end of the year, the two would split on their respective picks.

Homer was a diehard New York Giants fan and when the Super Bowl approached, the buddies decided to make it interesting and put $200 on the line. Gavanis was convinced it was like taking money from a baby because the Patriots were an overwhelming favorite to win the game.

As fortune would have it, of course, the Giants won. Homer and Gavanis watched the game together, and Homer immediately approached Gavanis requesting his $200.

Gavanis was in very bad spirits because of the outcome of the game and appealed to Homer because of their friendship to forget about the bet. Homer, though, wouldn’t give in and insisted it be paid immediately. The two men began to verbally threaten each other at which time Homer stormed out of Gavanis’ house.

After several weeks went by, Homer decided that if Gavanis did not pay the money, Homer was going to sue.

Question: Would Homer be successful?

Answer: Homer would not be successful and would be foolhardy to sue. Gambling is illegal in Pennsylvania unless it is sanctioned by the state. Thus, personal bets such as the one described would be considered an illegal activity and subject both individuals to criminal prosecution. Homer would never be able to enforce the debt in any legal forum.

As a general rule, no type of contract can be considered legal and/or enforceable if the basis of that contract constitutes what is considered illegal activity.

Pennsylvania personal injury attorney Joseph Price was recently honored for outstanding service to individuals and families who sought compensation under the 9/11 Victim Compensation Fund. Attorney Price was one of the first lawyers from Pennsylvania to volunteer to represents victims of the 9/11 attack. Attorney Price attended training sessions offered by the New York Trial Bar conducted in New York City. Attorney Price was assisted by fellow DLP attorneys Judy Price, Brian Walsh and John Finnerty in representing several families before the Fund administrators. The efforts of Attorney Price and his fellow attorneys resulted in several awards for their clients all in excess of one million dollars. The efforts of the lawyers at DLP and other volunteer lawyers made through Trial Lawyers Care resulted in the largest pro bono service program in the history of the United States of America, providing free legal representation to more than 1700 victim families.

The lawyers at DLP remain committed to serving the public and members of the community in Northeastern Pennsylvania and beyond.

Are there too many Senators and State Representatives in Harrisburg?  Two State Representatives from the Pittsburgh area apparently believe there are.  Representative Mark Mustio and Representative Matthew Smith have drafted a bill which seeks to reduce the number of Senators from 50 to 40 and reduce the number of State Representatives from 203 to 161.  A similar bill was also recently introduced in the Senate by Senator John Pippy.

Currently, Pennsylvania’s Senators and State Representative represent fewer constituents per legislator than legislators New York, Michigan and California.  Each House member now represents about 60,000 Pennsylvania residents and each Senator about 248,000.  If the bills pass, the numbers would increase to 310,000 per each Senator and 77,000 for each House member.

Assuming the bills pass in the current legislative session (2007-2008), they would need to pass again in the following legislative session (2009-10).  If the bills pass twice in the legislature, the issue would then need to be put on the ballot for approval directly by Pennsylvania voters.  Thus, no reduction in the number of Senators or State Representatives can occur for at least two more years.

John P. Finnerty, Esquire