Believe it or not: A police department in New Jersey actually found it necessary to post a tweet reminding drivers to stay awake while behind the wheel. The tweet, posted on Jan. 5, was prompted by a single-vehicle accident in which the driver fell asleep, crossed into the opposite lane of travel on a two-lane…
Last October, we discussed how circumstantial evidence can be sufficient to convict a driver for DUI ― general impairment, where the focus is on the ability of an individual to drive safely, and not on a particular blood-alcohol level. Read on for another case where the Pennsylvania Superior Court affirmed a driver’s DUI conviction based…
Here’s a Pennsylvania Supreme Court decision that is welcome news for a snow-tuber who was catastrophically injured after colliding with an unlikely object. Kitchen Floor Mats In Bourgeois v. Snow Time, a snow-tuber purchased a season pass at a winter resort. He skimmed and signed a release agreement on the back of the pass that…
Last October, we blogged about an unfortunate auto/pedestrian accident at a dark intersection, where the driver had an obstructed view, under circumstances where there was no evidence of any careless behavior on the driver’s part. In a personal injury lawsuit brought by the pedestrian, the trial court instructed the jury on the “sudden emergency” doctrine….
In a case that turned on fingerprint evidence found on a “movable” manila folder, the U.S. Court of Appeals for the Third Circuit recently ruled that fingerprint evidence alone was not enough to prove that a defendant committed a robbery. A Manila Folder In Travillion v. Superintendent Rockview SCI, a store manager was unlocking a…
If you are planning to shop in retail stores this holiday season, here’s a personal injury hazard that you may not be aware of. Shipping pallets ― which “big box” retailers, warehouse chains, and other stores commonly use to display merchandise ― were responsible for sending an estimated 30,493 people to U.S. hospital emergency rooms…
In Pennsylvania, a man may acknowledge the paternity of a child born out of wedlock by signing a voluntary acknowledgement of paternity form. The law provides that the signed form constitutes conclusive evidence of paternity without further judicial ratification in any action to establish support. After 60 days, acknowledgement of paternity may be challenged in…
If police illegally enter your home without a warrant, and you end up in a scuffle, can you suppress their testimony if you are charged with assault? In a criminal case that began with a mental welfare check, the Pennsylvania Superior Court recently said “no.” Mental Welfare Check In Commonwealth v. Schneider, a Crisis Unit…
While all criminal defendants can waive their right to counsel, there are legal requirements for how it must be done. Here is a case where a DUI defendant who didn’t fare well representing himself is getting another chance because he did not properly waive his right to an attorney. Waiver of Counsel Form In Commonwealth…
What happens when you are a house guest, in the wrong place at the wrong time when police discover illegal drugs and firearms on the premises? Does your presence near illegal contraband provide probable cause for police to obtain a search warrant for your cellphone? The Supreme Court of Pennsylvania recently said “no.” Search Warrant…
Can tripping and falling over a speed bump in a store parking lot give rise to a viable personal injury lawsuit? Read on for a case where a jury will decide. Speed Bump In Hawkins v. Walmart Stores, East, a shopper filed a personal injury lawsuit alleging that she sustained injuries when she tripped and…
A video that is going viral on the internet is a powerful reminder of the horrific tragedies that can result from drinking and driving. A Texas driver who was seen in a Facebook Live video taking a swig from a beer bottle while behind the wheel and boasting that he drives better when he drinks…