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May 30, 2012

By: Amelia Lolli, Esquire

On May 25, 2012, a New Jersey Superior Court Judge granted summary judgment in the case of Kubert  v. Best, in favor of a defendant, Shannon Colonna, who was accused of sending a text message to a friend while he was driving.  On September 19, 2009, Kyle Best, age 19, received a text message from a female friend while operating his motor vehicle in Randolph, Morris County, New Jersey.  Mr. Best lost control of his vehicle, crossed the yellow line and struck David and Linda Kubert on their motorcycle.  Both individuals suffered very serious personal injuries. 

December 30, 2011

by Sharon Harvey, Esquire

The first day of school is always an exciting and a stressful time for parents and their children, particularly for children who are going to school for the first time. All parents naturally assume that their child will make friends, behave appropriately in class, get good grades and move onto the next grade without any problems. It often comes as a shock to the parents when their child doesn’t follow this magical master plan. The parents are often unsure about what to do to help their child and often unaware of what services the school district must provide to help a child succeed.

December 30, 2011

by Sharon F. Harvey, Esquire

In Pennsylvania law suits brought against school districts and various county governments or agencies are subject to the limitations set forth in the of the Political Subdivision Tort Claims Act, 42 Pa. C.S. §8541 et seq.. The Political Subdivision Tort Claim Act allows for law suits to proceed against these "local agencies" only if specific requirements are met.

December 30, 2011

by Lisa A. Cauley, Esquire

Effective September 2, 2008, changes were made to Pennsylvania law governing reimbursement of Medical Assistance from personal injury claims. The Pennsylvania Department of Public Welfare may fine insurance companies up to $5,000.00 for each violation of the new law. Essentially, whereas the burden and penalty used to be upon the recipient/claimant for failure to reimburse the DPW, insurers now share in that responsibility, with financial consequences for failure to do so. The new law applies to suits filed or claims made on or after September 2, 2008.

December 30, 2011

By Lisa Cauley, Esquire

Many individuals and businesses in Pennsylvania question whether they may be held liable if they serve alcohol to a person who later injures himself or others. In some states, a “social host” may be liable for resulting personal injury or property damages if the social host served alcohol to a person when he know or should have known the person was intoxicated and/or when he knew the person would be driving afterward. These laws are referred to as “Dram Shop” Acts, and enable injured third parties to recover damages from the alcohol supplier. The term “social host” may be defined, depending upon the state, to include anyone who hosts a social gathering, including private individuals, employers and organizations.