In the recent Superior Court case of Hill v. Slippery Rock University, a college basketball player collapsed during a late night high-intensity practice with his team. After being transported to the emergency room, he suffered cardiac arrest and passed away. It was then discovered that the victim suffered from a blood disease that had gone undetected during the preseason physical exam required by the National Collegiate Athletic Association (“NCAA”). The NCAA’s policy at that time only required blood testing for Division I athletes, whereas the victim played for a Division II school and did not undergo the testing.
The victim’s family filed a Wrongful Death lawsuit alleging that the NCAA owed a legal duty to protect its athletes, and that the disparities in the NCAA’s testing protocol increased the risk of harm to the athlete by creating a false sense of security regarding his ability to participate in the mandatory rigorous practices. The Superior Court concluded that the NCAA’s conduct was “an error of omission and a failure in its duty” where it only required the blood testing at Division I schools, to the detriment of other athletes such as the victim. Following the death of this athlete, the NCAA’s policy was ultimately expanded to provide the testing for all athletes.
Pennsylvania Senate Bill No. 166 was signed into law on February 16, 2016, which seals certain criminal record information from public release. The change to the law allows a person who has been free from arrest or criminal charges for the last 10 years to file a Petition with the Court for limited access to their prior convictions. The new law only limits access to certain non-violent misdemeanors of the second and third degrees. Continue reading
In the recent Pennsylvania case of Herrera v. Baum, Gregoria Herrera was a passenger in a vehicle that was struck from behind and suffered numerous back and knee injuries Ms. Herrera had a car insurance policy on which she elected “limited” rather than “full tort” coverage in order to reduce her premium costs. When she had renewed her coverage, Gregoria checked the boxes next to both tort options, creating an ambiguity. Continue reading
In the recent case of Wagner v. Teneyck, a Doberman got loose from its owner’s property and attacked a child in Lycoming County, Pennsylvania, causing severe and permanent injuries. In most lawsuits based on negligence, the victim has to prove that the defendant failed to act with “reasonable care” under the circumstances. However, under the Pennsylvania Dog Law, if an owner does not keep his “dangerous” dog muzzled or confined, a dog owner may be liable regardless of whether he exercised reasonable care in confining the dog. A victim simply needs to show that the dog had a propensity to attack without provocation. Continue reading
Thousands of individuals make their living by working in our region’s coal mines. Unfortunately, exposure to coal dust can cause significant breathing difficulties, including Black Lung disease (pneumoconiosis). The Black Lung Benefits Act provides monthly payments to miners and their surviving dependents in cases where coal dust exposure has caused a pulmonary disability. Continue reading
Police officers will be increasingly on the lookout for distracted drivers, as Pennsylvania’s new law prohibiting texting while driving goes into effect on March 8, 2012. Continue reading
On June 28, 2011, Governor Corbett signed SB113, the Fair Share Act (Act 17-2011) into law in Pennsylvania. The Fair Share Act significantly changes Pennsylvania law regarding joint and several liability in most tort actions, such as actions involving negligence. Continue reading
Effective January 24, 2011, significant changes were made to the existing child custody laws in Pennsylvania. This is the result of a decade-long reform process. Continue reading
Whether you are deciding to buy a new home or trying to sell your existing home, you are faced with many decisions and questions. It is an exciting and emotional time and you are probably focusing on the price.
Do you have any of the following?
-Individual Retirement Accounts (IRAs)
-Life Insurance Policies
-Retirement Plans through your employment (401k) Continue reading