Posts Tagged ‘Wyoming’

The Pennsylvania Legislature is currently reviewing proposed legislation that would ban all cell phone use while driving in Pennsylvania, including talking and texting use of any PDA.  One of the main issues that remains to be determined is whether the ban would be considered a primary offense or a secondary offense.  A primary offense is one in which a police officer could stop a motorist for performing.  A secondary offense is only actionable by a police officer if the driver could be stopped for some other motor vehicle violation such as speeding or an inactive tail light.

As cell phone use has become more prevalent, their use by drivers has been the cause of  more and more accidents due to driver distraction.  If you are in an accident, you should try to determine if the other driver who caused the accident was using a cell phone that distracted his attention at the time of the accident.

If you are injured in an auto accident or a truck accident in Pennsylvania due to someone else’s negligence or carelessness, you should call the attorneys at Dougherty Leventhal & Price, L.L.P. for a free consultation regarding your rights.  The lawyers at DLP have been representing injured auto accident and truck accident victims for over 25 years in Northeastern Pennsylvania, including victims in Lackawanna County, Luzerne County, Monroe County, Pike County, Wayne County, Wyoming County, Bradford County, Sullivan County, Lycoming County, Susquehanna County, Schuylkill County, Montour County, Columbia County and Tioga County.  DLP has offices in Moosic, PA, Kingston, PA, Hazleton, PA and Honesdale, PA.

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

Testimony concluded Wednesday in a federal trial related to the sexual assault of an 86-year-old woman four years ago at an assisted-living facility in Wyoming County.

The former Nicholson woman, now 90 and living in Tennessee, is seeking more than $75,000 from Country Living Personal Care Home, Nicholson, and its owner, Shirley D. Sheridan, of Montrose, resulting from the sexual assault on Feb. 27, 2002.

It is The Times-Tribune’s policy not to identify sexual assault victims.

The woman, a resident of the home, was sexually assaulted in her room by Daniel Statham, then 31 and also a resident of the home. Mr. Statham, who is mentally handicapped, was a sexually violent predator convicted in 1995 of aggravated indecent assault involving a 14-year-old girl.

U.S. Magistrate Judge Thomas Blewitt, who presided at the three-day long trial, gave lawyers a month to submit proposed findings of fact in the case. He did not indicate when he will rule.

The woman’s complaint alleges the home and Mrs. Sheridan were negligent by disregarding her safety and rights, leading to the assault.

The victim’s attorney, Sean McDonough, said Mrs. Sheridan knew Mr. Statham was a convicted sexual offender and neglected to inform the staff about it. Mrs. Sheridan testified that she was not told about his Wayne County conviction and would not have agreed to house him if she knew.

Attorney Eugene Hickey, who represented the care home and Mrs. Sheridan, said the home was not at fault and Mr. Statham was “dumped” on the facility.

Mr. Statham pleaded guilty in February 2003 in Wyoming County Court to aggravated indecent assault in the case and was sentenced to five to 10 years in a state prison.