Attorney Daniel Joel Siegel's Legal Cases

Car accident

Thorne v. Miller, 317 N.J. Super. 554, 722 A.2d 626 (1998)

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OUTCOME: Changed New Jersey law

This is the first reported case in New Jersey to address the obligation of a driver who waves another vehicle into traffic. The trial court held that a driver who waves to another driver to proceed is ... under a duty of reasonable care that, at the least, requires the driver who waved to observe whether traffic conditions were such as to allow the other driver to proceed without accident; whether, in this case, the waving driver breached that duty and whether the breach was a proximate cause of the accident is for the jury.

Workers compensation

Philadelphia Gas Works v. Workersâ€™ Compensation Appeal Board (Amodei)

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OUTCOME: Reversed prior case law

This en banc decision holds that when an employer seeks an offset from workersâ€™ compensation benefits for pension benefits paid to an injured employee, the offset must be calculated based upon the ne ... t amount of the benefits received by the worker.

Workers compensation

McElheney v. Workersâ€™ Compensation Appeal Board (Kvaerner Phila. Shipyard), 940 A.2d 351 (Pa. 2008)

N/A

OUTCOME: Authored brief for the appellant (the winner)

The Supreme Court of Pennsylvania held that a worker injured while on a ship in a graven dry dock was not injured upon the â€œnavigable waters of the United States,â€ and was therefore entitled to ben ... efits under both the federal Longshore and Harbor Workers' Compensation Act and the Pennsylvania Workers' Compensation Act. The Court ruled that the graven dry dock, which by definition was cut and dug out of the land, was not within the limits of the navigable waters of the United States.

Personal injury

Walsh v. City of Philadelphia, 526 Pa. 222, 585 A.2d 445 (1991)

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OUTCOME: New law created by the Pennsylvania Supreme Court

Supreme Court of Pennsylvania decision defining the nature of permissible claims against municipalities under the Recreational Use of Land and Water Act, and setting forth the standard for the types of ... injuries for which local governmental bodies are responsible for damages under the Political Subdivision Tort Claims Act.

Workers compensation

Denny's v. Workmen's Compensation Appeal Board (Stanton), 142 Pa. Cmwlth. 531, 597 A.2d 1241 (1991)

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OUTCOME: Modified law relating to workers' compensation

Commonwealth Court decision specifying those actions by employees which are in furtherance of an employer's business, and requiring the employer to provide worker's compensation benefits to employees i ... njured under the circumstances.

Personal injury

Curran v. Greate Bay Hotel & Casino, 434 Pa. Super. 368, 643 A.2d 687 (1994)

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OUTCOME: New interpretation of Pennsylvania statute

Superior Court en banc decision analyzing when a verdict may be reduced under the Comparative Negligence Act, and also holding that the failure to request the correction of an inconsistent jury verdict ... constitutes a waiver of any objection to the verdict.

Personal injury

Smith v. Pulcinella, 440 Pa. Super. 525, 656 A.2d 494 (1995)

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OUTCOME: New interpretation of Pennsylvania law

Superior Court decision extending to general negligence cases the malpractice doctrine that, where the conduct of two or more tortfeasors causes an injury, and the damages cannot be reasonably apportio ... ned among the negligent parties, any one of the tortfeasors may be held responsible for the entire verdict if that party's negligence was a substantial contributing factor in causing the plaintiff's injuries.

Workers compensation

Verizon Pennsylvania Inc. v. WCAB (Ketterer), 2014 Pa. Commw. LEXIS 162 (2014)

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OUTCOME:

The Pennsylvania Commonwealth Court ruled that a physician must have an active clinical practice, i.e., the physician must provide preventive care and the evaluation, treatment and management of medica ... l conditions, at least 20 hours per week, in order to be qualified to perform Impairment Rating Evaluations under Section 306(a.2)(1) of the Workers’ Compensation Act, 77 P.S. § 551.2(1).

Appeals

Ferguson v. Morton, 2013 PA Super 329, 2013 Pa. Super. LEXIS 4574 (2012)

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OUTCOME:

Author of the Brief for Appellant. The Pennsylvania Superior Court reversed the trial court’s order granting a new trial based upon the inflammatory closing argument by plaintiff’s counsel. In particul ... ar, the Court held that trial court erred in presuming that the jury’s verdict improperly included punitive damages. Thus, the trial court abused its discretion by concluding that the summation so prejudiced the jury as to require a new trial.

Personal injury

Barnes v. Keller, 2012 PA Super 179, 2012 Pa. Super. LEXIS 3495 (Pa.Super. 2012)

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OUTCOME:

Author of the Brief for the Appellant. The Pennsylvania Superior Court reversed the trial court’s grant of summary judgment in this uninsured motorist claim. In particular, the Court held that a jetter ... attached to a cargo van could be a “motor vehicle” under the Motor Vehicle Financial Responsibility Law, and that genuine issues of fact existed that precluded the entry of summary judgment. The Court also disapproved of the fact that the trial judge failed to disclose that his spouse was employed as an attorney by the law firm representing the appellee.

Daniel Joel Siegel's Legal Cases (13)

Thorne v. Miller, 317 N.J. Super. 554, 722 A.2d 626 (1998)

Philadelphia Gas Works v. Workersâ€™ Compensation Appeal Board (Amodei)

McElheney v. Workersâ€™ Compensation Appeal Board (Kvaerner Phila. Shipyard), 940 A.2d 351 (Pa. 2008)

Walsh v. City of Philadelphia, 526 Pa. 222, 585 A.2d 445 (1991)

Denny's v. Workmen's Compensation Appeal Board (Stanton), 142 Pa. Cmwlth. 531, 597 A.2d 1241 (1991)

Curran v. Greate Bay Hotel & Casino, 434 Pa. Super. 368, 643 A.2d 687 (1994)

Smith v. Pulcinella, 440 Pa. Super. 525, 656 A.2d 494 (1995)

Verizon Pennsylvania Inc. v. WCAB (Ketterer), 2014 Pa. Commw. LEXIS 162 (2014)

Ferguson v. Morton, 2013 PA Super 329, 2013 Pa. Super. LEXIS 4574 (2012)

Barnes v. Keller, 2012 PA Super 179, 2012 Pa. Super. LEXIS 3495 (Pa.Super. 2012)