CWO Law is pleased to announce that Amelia Lolli, Shareholder, has been accepted as a Member of the Federal of Defense & Corporate Counsel.
Attendance at Defense Medical Examinations – An Update in New Jersey
In the course of personal injury matters filed in the State of New Jersey, it is common practice for defense counsel to retain medical professionals to conduct examinations of plaintiffs to investigate the veracity and extent of the claimed injuries. The scope of claimed injuries is obviously vast and specific to any particular case and may include medical and/or psychological components.
Plaintiffs’ counsel may have concerns over the method with which a professional retained by defense counsel conducts his or her examination. In such instances, plaintiffs have sought to record the examinations, either with audio or video. As expected, defense counsel has at times objected to the examinations being recorded. Defense counsel concerns included the potentially obtrusive nature of such a recording and the proprietary information of the examiner for the manner in which he or she conducts the examinations. Also at issue is the proprietary nature in which an examiner conducts the examination and the desire to protect same.
Continue readingPlanning for the future
With Carrie A.S. Kennedy Esq.
Please Join us Via Zoom on January 18th at 6pm
Carrie is the head of the Estate and Trust department in the CWO Paoli Law office. Carrie focuses her practice on these areas, and will cover topics including:
POA vs. Guardianship
Estate Planning
Special Needs Trusts
Maria Iuanow joins Connor, Weber & Oberlies
Maria Iuanow joined Connor, Weber & Oberlies in 2022. Prior to joining Connor, Weber & Oberlies, Maria practiced medical malpractice defense litigation, defending individual doctors and nurses along with hospitals at Westermann, Sheehy, Keenan, Samaan & Aydelott in White Plains, New York and Martin, Clearwater & Bell, in New York City, New York.
Important Change to Pennsylvania Venue Rules
In 2002, the Medical Care Availability and Reduction of Error Act (the MCARE Act), 40 P.S. § 1303.501, et seq. reformed the law on medical malpractice in Pennsylvania. One result of the MCARE Act was a change to Pennsylvania’s venue rules for medical malpractice actions, which was implemented in the Pennsylvania Rules of Civil Procedure.
Continue readingThe “Sudden Medical Emergency” Defense in New Jersey: Suggested Approaches
Your client is involved in a motor vehicle accident in the State of New Jersey. He claims to have suffered a loss of consciousness due to a medical condition that he never experienced before or was otherwise diagnosed with any condition that may have led to his losing consciousness. Surely New Jersey case law has addressed this issue before, right? Not so fast.
As of October 2022, New Jersey case law has yet to address the sudden medical emergency issue. There is, however, established case law addressing the “sudden emergency” doctrine. In
Harpell v. Public Service Coordinated Transport, 20 N.J. 309 (1956), the New Jersey Supreme Court affirmed the Appellate Court’s ruling affirming the trial court’s judgment entering a verdict in favor of plaintiff, Albert E. Harpell. Mr. Harpell was a passenger on an electric trolley who was struck by a piece of concrete that had been thrown by a 15-year-old boy from a spot outside the fenced-in area that bordered the trolley route. Plaintiff was seated by a trolley window that was equipped with a metal screen that extended half-way up the window. The screen was designed to prevent injuries to passengers’ arms.
Special Needs Requires Special Estate Planning
By Carrie A.S. Kennedy, Esquire
When your loved one, for example a child or grandchild, has special needs and receives government funding, it is especially important to create an estate plan that doesn’t jeopardize that person’s receipt of governmental benefits (such as Supplemental Social Security Income and Medicaid). Your Will should be carefully drafted to prevent that person from inheriting assets directly. Additionally, a carefully drafted Third Party Special Needs Trust can allow for the use of funds as provided in the trust for the benefit of your loved one while preserving much needed governmental benefits. This type of trust gives the grantor (creator of the trust) the ability to direct the ultimate beneficiaries of any funds remaining upon the passing to the special needs person. The trust can be funded through inheritance as directed in a Will, by beneficiary designation on an account or policy or by direct gift to the Trust from a third party. It may not be funded with the special needs person’s own funds.
Continue readingKate Miller Brown Joins Connor, Weber & Oberlies
Kate Miller Brown joined Connor, Weber & Oberlies in 2021. She works in the Estate and Trust Department. Her practice focuses on estate and trust administration, estate litigation and estate planning.
Guardians, Parents and COVID-19 Vaccination
Carrie A.S. Kennedy of Connor, Weber & Oberlies recently argued successfully in the area of guardianship and COVID-19 Vaccination, as the Chester County Judge concluded that he agreed with the opinion of an expert witness in the case, “The science is clear … ‘this is not a difficult call. Vaccination against COVID-19 saves lives.’”
This legal case involved a disagreement between a mother and father over the vaccination of their adult daughter, with Down syndrome, who lives in a local group home. Her parents are long-divorced and are court appointed as co-guardians of their daughter. After making no progress in resolving the issue, the father petitioned for vaccination of his daughter.
Continue readingPennsylvania Supreme Court: Intentions Ambiguous in Shooting During Fistfight
The Pennsylvania Supreme Court recently issued an opinion on an insurer’s duty to defend in the case of Erie Insurance Exchange v. Tracy L. Moore, Harold E. McCutcheon, III, individually and as administrators of the Estate of Harold Eugene McCutcheon, Jr. and Richard A. Carly, No. 20 WAP 2018, 2020 WL 1932642 (Pa. April 22, 2020). The court found that there was a duty to defend an insured where the acts complained of by the plaintiff were deemed potentially unintended, despite the insured’s several prior and subsequent acts of intentional violence.
The facts of the case arose from the murder of Terry McCutcheon by her ex-husband Harold E. McCutcheon, Jr. and his subsequent suicide. Prior to these events, McCutcheon had left a note to his adult children explaining his intention to murder his ex-wife and commit suicide. In accordance with his stated plan, McCutcheon intentionally shot and killed his ex-wife at her home. Before he could shoot himself, however, he was interrupted by the arrival of his ex-wife’s current boyfriend, Richard A. Carly. Carly began knocking on the door and eventually tried to enter when there was no answer. At this point, McCutcheon suddenly opened the door and pulled Carly inside. Continue reading