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Brendan Barrett Lupetin

Brendan Lupetin’s Answers

25 total

  • Can a cyclist get compensation for his or her injuries after hitting a pothole?

    I have a friend whose afraid he won't be able to pay for the medical bill after an accident. He was riding in daylight on the road and hit a pothole or also known as a ditch which is a square shape. Cops and ambulance came to his aid. He stuffer a...

    Brendan’s Answer

    I am not aware of an laws that prohibit a bike rider from using the road when there is also a bike lane present. This claim would most likely fall under the Political Sub Division Tort Claims Act i.e. he would be suing a government entity for failure to properly maintain its roads. There are many restrictions to filing claims and lawsuits of this type. You can read about the Act here: I cannot say, based on these facts, whether your friend has a claim or not. One thing to keep in mind is to speak to a lawyer immediately because written notice must be given to the responsible government entity within 6 months of the injury. Good luck.

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  • Our son overdosed on medication he was given. After being asked to quit prescribing, he continued to do so.

    Clonopin and Hydrocodone caused his death because they were mixed. The Dr just sent another in the mail for him and he's been deceased since April 16th, 2015. The Dr was asked to quick prescribing them because he was a heroin addict and abusing th...

    Brendan’s Answer

    There do not appear to be any absolute contraindications to prescribing Klonopin in addition to Hydrocodone. Titration of a patients medications, however, is a complicated issue that requires expert insight from a pharmacologist or appropriately credentialed psychiatrist. Your son's situation was even more complicated given his underlying use of opiates. He would likely have had a higher opiate tolerance than a typical patient which would give his doctor more leeway to prescribe such medications in higher doses (As compared to someone that was opiate naive). As for the toxicology results, I am not sure whether they are sensitive enough to distinguish between the type of opiate in his system i.e. if there were opiates detected in his system, it might be impossible to say whether it was hydrocodone or heroin. If there is any fact basis for the doctor to argue that the heroin played a role in your son's passing then this would be an extremely difficult if not impossible case to undertake and win. Best of luck to your family in coping with this very sad event.

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  • Do I have to have a medical case at all? I'm not a mean greedy person, but I'm feeling a little duped.

    In 2013, I went to my doctor, wasn't feeling well. He spent little time with me, said I looked cyanotic, that it's probably allergies, though I never had them before. I suspected a PE, asked if it could be that. He said, "You'd be dead already." ...

    Brendan’s Answer

    You may have a case but more information is needed. How long after your visit with the doctor were you diagnosed with a pulmonary embolism? Did you have any other symptoms other than cyanosis? What is your current status? Are you on blood thinners? If so, how long are you expected to remain on them? Were there any other complications? How old are you? Best of luck to are lucky to be alive.

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  • Why cant i find a lawyer to help with a slip an fall injury , at Sams club. Cleary was not my fualt . im stuck with hospital bil

    i called 4 lawyers. All say i have a case but wint take it. I was walking out of the cashier station, hands full , looking at the dozens of big screens coming my way. Then swoop , feet up in the air. I landed on my upper back n head. I slipt ...

    Brendan’s Answer

    Many lawyers be concerned that the change you slipped on was open and obvious. Also they may be worried that you could be found partially at fault for not watching where you were walking. Finally the extent of injuries could be a concern. That said I think you have a decent claim and should have a fair chance of recovering more than your medical bill. What area did this occur in?

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  • I feel that I was assaulted by a co-worker. Personal space was violated, voice raised, physically moved object I was leaning on.

    Co-worker has previously been reported to our manager by other workers for being verbally aggressive with me. No noticeable changes after reporting. I was cornered between her, a cart of dirty trays, and an industrial dishwashing sink/counter. Beg...

    Brendan’s Answer

    In Pennsylvania, an assault is an act done with the intent to put another in reasonable and immediate fear of a harmful or offensive contact (threat of punching, hitting, kicking, spitting, death, hit with a car, etc.) with his or her body and that does, in fact, cause such fear. Pa. Civ. Jur. Ins. 13.01.

    To commit an assault, it's not necessary that the attacker actually intend to inflict harm or offensive contact (actually try and hit, kick, punch) on someone else. To the contrary, it is enough that the person intend to cause only a fear of such contact.

    In order for a civil defendant (different PA laws apply for civil and criminal assault) in Pittsburgh to be held responsible for an assault against a victim, it must be found:

    1. That the defendant intended to put the plaintiff in reasonable and immediate fear of a harmful or offensive contact; and

    2. That the plaintiff, as a result of the defendant’s act, was put in reasonable and immediate fear of such contact.

    So technically this may be considered an assault but what are your harms?

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  • My lawyer was in court and has not responded to me. How do I find out if someone filed a motion against me in a custody order?

    I received an email saying my husband's attorney called him saying they were going to file a motion for contempt of court for not complying with the custody order. My husband tries to deny that there was a problem. He claims he did not tell his ...

    Brendan’s Answer

    Call the Court in which you custody matter is being handled. Ask to speak with someone in domestic relations or the judge's staff who is presiding over the matter.

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  • If someone lied on a document and it was certified through the court can they get in trouble for that so my husband said I was h

    I was his ex wife at the time but I wasn't it was in two thousand and seven I thinkcan he get in trouble for that

    Brendan’s Answer

    Technically yes.

    In Pennsylvania, a person is guilty of perjury, a felony of the third degree, if in any official proceeding he makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a statement previously made, when the statement is material and he does not believe it to be true.18 Pa. Cons. Stat. § 4902.

    In practice, however, I think it is doubtful he would get into criminal trouble over this. You could try and bring it to the attention of local law enforcement or your district attorney. I do not know what the statute of limitations is for this offense.

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  • What is the best way to file for harassment and defamation of character against my ex-husband in Pennsylvania?

    I recently left my husband, and in the one and a half months that we've been separated, he's hacked my Facebook account, and continues to run it as me, posting some less than savory things from time to time. He's also shut down my business page on...

    Brendan’s Answer

    What a nightmare, very sorry to hear about this. I handled a somewhat similar case a few years ago that you can read about here:

    First, definitely call the police.

    Second, collect as much information as you can about what he has done/is doing. Also, make sure you track to the penny all the financial harm this has caused as well as all of the statements made by him as you. Furthermore, to the extent this has caused you mental anguish (how could it not?), I would suggest you consider speaking to a mental health professional to help you handle this burden document the personal harm this has caused you.

    Third, obtain a lawyer and explore filing a lawsuit. With a lawsuit you will gain subpoena power. You can subpoena records yours/his ISP and possibly Facebook that can show exactly that it was him doing all of this.

    To the extent you are interested, below is the law in Pennsylvania related to establishing a claim for defamation:

    Pennsylvania law further requires a plaintiff to satisfy the following elements in order to meet his burden of proving the elements of a defamation case:

    1. The defamatory character of the communication;

    2. Its publication by defendant;

    3. Its application to the defendant;

    4. The understanding by the recipient of its defamatory meaning;

    5. The understanding by the recipient of it as intended to be applied to him;

    6. Special harm resulting to him from its publication; and

    7. Abuse of a conditionally privileged occasion.
    If plaintiff can adduce sufficient evidence on each of the elements summary judgment may still be entered against him if defendants can establish the following:

    1. The truth of the defamatory communication;

    2. The privileged character of the occasions on which it was published; and

    3. The character of the subject matter of the defamatory comment as of public concern.

    See 42 Pa.C.S.A. §8343(a))

    Best of luck to you.

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  • Do I have a lawsuit from my stay in the hospital while delivering my son?

    I was diagnosed with pre-eclampsia and induced. The dr's gave me an IV of magnesium sulfate, and in return that medication is known to give you a headache that is considered worse than a migraine. I was suffering immensely, so the dr's, KNOWING I ...

    Brendan’s Answer

    Sorry to hear of this ordeal.

    Methadone with Nubain can interact to cause a drug reaction that is moderate to severe depending on the dose of each. It is generally recommended that they are not given together.

    Fortunately, it does not sound, however, as though you or your child sustained any physical harm. Under the facts you describe, it is not inconceivable that you could make out a valid claim of some sort. I question whether it would be a negligent infliction claim. Here is the law in Pennsylvania related to such a claim:

    The factors referred to by the Sinn Court, first set forth in Dillon v. Legg, 68 Cal.2d 728, , 69 Cal.Rptr. 72, 80, 441 P.2d 912, 920 (1968), are the following: (1) whether the plaintiff was located near the scene of the accident as contrasted with one who was a distance away from it; (2) whether the shock resulted from a direct emotional impact upon the plaintiff from the sensory and contemporaneous observance of the accident, as contrasted with learning of the accident from others after its occurrence; and (3) whether the plaintiff and the victim were closely related, as contrasted with an absence of any relationship or the presence of only a distant relationship. These factors were adopted by the Pennsylvania Supreme Court in Sinn v. Burd, 486 Pa. 146, , 404 A.2d 672, 685 (1979). Krysmalski by Krysmalski v. Tarasovich, 622 A.2d 298, 303, (Pa. Super. Ct. 1993).

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    Brendan’s Answer

    If this is a VA facility then a potential claim may lie through the Federal Tort Claims Act.

    If not, this may be a corporate negligence claim, however, you would need an attorney to specifically determine this based on the facts. If this is, in fact, a corporate negligence case against a nursing home, here is the current law on the duty owned by a hospital or nursing home to a patient under this legal theory:

    A hospital (and nursing home) has the following duties: (1) a duty to use reasonable care in the maintenance of safe and adequate facilities and equipment; (2) a duty to select and retain only competent physicians; (3) a duty to oversee all persons who practice medicine within its walls as to patient care; and (4) a duty to formulate, adopt and enforce adequate rules and policies to ensure quality care for the patients. A cause of action for corporate negligence arises from the policies, actions or inaction of the institution itself rather than the specific acts of individual hospital employees. Thus, under this theory, a corporation is held directly liable, as opposed to vicariously liable, for its own negligent acts. Thompson v. Nason Hosp., 591 A.2d 703, 708 (Pa. 1991).

    More facts about what happened will lead to a better answer for you.

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