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Brendan Barrett Lupetin
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Brendan Lupetin’s Answers

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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: http://news.cnet.com/Principal-sues-ex-students-over-MySpace-profiles/2100-1030_3-6174506.html.

    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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  • DO I HAVE A CASE HERE

    A DEMENTIA PERSON IN A VA HOME. BECAME COMBATIVE SO HE WAS SENT TO A HOSPITAL PSYC WARD. THERE FOR 12 DAYS AND SENT HIM BACK TO THE HOME SO HE WOULD NOT LOOSE HIS BED. HEAVLY MEDICATED AND WAS TOSSED OUT ANY WAY. SO MUCH MEDICATION PUT HIM INTO AN...

    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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  • Do I have a case.

    December 8,2013, I was shopping at Gymboree, the store was packed with clothes racks and shelves, I came up under a shelve hitting my lower back, I didn't think much of it because the store was getting ready to close. The next day my left leg ...

    Brendan’s Answer

    Sorry to hear about this incident. That is a serious injury.

    Here is the law in Pennsylvania that would apply to establishing your legal claim against Gymboree:

    From the PA Supreme Court Case of Carrender v. Fitterer, 469 A.2d 120, 123 (1983) citing Restatement (Second) of Torts §§ 341A, 343 and 343A:

    Possessors of land owe a duty to invitees to protect them from foreseeable harm.

    Regarding conditions on the land which are either known to or discoverable by the possessor, the possessor is subject to liability only if he (a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm to such invitees, and (b) should expect that they will not discover or realize the danger, or will fail to protect themselves against it, and (c) fails to exercise reasonable care to protect them against the danger.

    A possessor of land is not liable to his invitees for physical harm caused to them by any activity or condition on the land whose danger is known or obvious to them, unless the possessor should anticipate the harm despite such knowledge or obviousness.

    So your primary hurdles are: 1.establishing that the setup at Gymboree, of which the shelf that injured you was a part of, created an unreasonable risk of harm to business invitees like yourself; and 2. that this was not the type of dangerous condition that you would have been expected to discover on your own and avoid.

    Yes, we would need to know more information about exactly what and how this happened. Nevertheless, from the facts you have described this could be a valid claim. Good luck!

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  • Dog bite postman

    my wife is a postman and she was delivering a package and she went to doors and maine door was not cloce only storm door, and she lean to put package on the ground (outside) the dog jomped on the door from inside ant open the door because it was n...

    Brendan’s Answer

    Attorney Webby is correct. This may be either a workers comp case, a civil personal injury case or both.

    For workers comp, make sure that your wife notifies her employer of the injury within 120 days of the bite. It would be a good idea to explore filing a comp claim. The drawback is that workers comp does not provide payment for your wife pain and suffering.

    Thus, you may also want to contact an attorney in consideration of filing a civil claim against the owner of the dog.

    My blog www.lupetin-law.com has a couple of different articles about dog bite law in PA. These articles might help you better understand your legal rights.

    Good luck.

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  • Do I have any grounds for a case

    I have a former employee who is slandering me and my business on an anonymous blog site. I know it is them and it has been occuring for months. It is false and unfounded and done with the sole purpose to make us look bad. Can I sue them for slan...

    Brendan’s Answer

    Attorneys Purchase and Shafer are correct that you would need to definitively establish the identity of the blogger at some point.

    This should not be too difficult. You could do your own investigating and probably figure out fairly easily the person's identity or, at the very least, the IP address of the computer from the which the posts are being generated. Alternatively, you may be able to sue the site and the owner as John/Jane Doe and then subpoena the identity of the site operator during the discovery phase of the lawsuit.

    Also, it does not matter whether it is your former employee publishing these defamatory statements. Anyone writing false statements about you and/or your company that are hurting your reputation, lowering you/your company in the estimation of society or hurting your company financially can be held responsible for defamation.

    Please check out my blog www.lupetin-law.com where I have posted a number articles regarding the various aspects of defamation law. Good luck.

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