W. Hazleton, PA
Personal injury Lawyer at W. Hazleton, PA
Practice Areas: Personal Injury, Workers Compensation, Litigation
OUTCOME: $435,000 mediation settlement
A young woman was travelling on the interstate when a truck operated by the Defendant's was travelling too fast for conditions, crashed into the back of the Plaintiff's Mini Cooper, and pushed it into ... a car transporter directly in front of her. The plaintiff sustained a back injury and wrist injury, which ultimately resulted in wrist surgery.
OUTCOME: $300,000
Motor vehicle accident
OUTCOME: Plaintiff Verdict of $521,529
On May 27, 2010, plaintiff Christopher Zschunke, 45, was driving a tow truck that was stopped at a red light on Route 424 in Hazleton, when the rear of his vehicle was struck by the front of a 1989 Bui ... ck sedan operated by Stephen Sitler. Sitler was arrested and later charged for being under the influence of heroin. Zschunke claimed that he suffered a cervical-disc herniation. The 1989 Buick was owned by Sitler's father, William Sitler. According to Zschunke, William Sitler was away on vacation at the time of the accident and had given his son (who did not live with his father) his house keys. Zschunke sued Stephen Sitler and William Sitler on claims of negligence and negligent entrustment. (Zschunke's counsel withdrew the claim of negligent entrustment prior to trial). Stephen Sitler did not retain counsel, did not answer any of Zschunke's counsel's pleadings, and did not appear at trial. William Sitler died prior to trial. At trial Zschunke's counsel argued that Stephen Sitler had a long history of drugs and alcohol; had 10 traffic violations (e.g., speeding, DUI) from May 2003 to December 2009; and was involved in a vehicular collision six months before the accident with Zschunke, in which Sitler stole his grandfather's car and drove it while under the influence of a controlled substance before crashing into another individual, causing injuries. Zschunke's attorney maintained that despite William's Sitler's admitted knowledge of his son's drug-alcohol abuse and numerous traffic violations, he allowed him unfettered access to his home and his 1989 Buick. According to Zschunke's attorney, William Sitler had testified in his deposition that his son was permitted to come and go at his residence, knew where William Sitler kept the keys to his vehicle, and never hid or tried to conceal the keys from his son. In his testimony, William Sitler reportedly agreed that if the keys were hidden, his son would not have had access to the vehicle that weekend. Prior to his death, William Sitler maintained that he never gave permission to his son to drive his vehicle. William Silter's counsel maintained that he was in no way liable for the accident, and argued that a child taking a parent's vehicle without his knowledge is an unfortunate, uncontrollable, and common occurrence.
OUTCOME: Plaintiffs' Verdict $341,000
At about 5:00 p.m. on June 1, 2005, plaintiff, Robert T. Fenlon, a 50-year-old real estate agent and part-time HVAC mechanic, arrived at Mary Kay James' house at 1 Cherry Hill Lane in Brodheadsville, t ... o show it to prospective homebuyers. Fenlon knocked on a bay window to see if anyone was home. After Fenlon knocked on the window, James' three dogs rushed out of the home and attacked Fenlon, who was knocked down to the ground by the animals. Plaintiff's counsel also asserted that James' dogs displayed a history of aggression, which behavior prevented James' neighbors from leaving their houses. Counsel noted that the State Police had observed the dogs' aggressive nature when they responded to previous reports at James' home and that James had received three citations for allowing the dogs to escape from her property. According to counsel, James paid fines for two of those three citations. Counsel also pointed out that despite the fact that James' had already witnessed one of her dogs bite a small boy on another occasion, she took no action to restrain them when Fenlon entered her property. Counsel argued that all of the reports of indifference to the behavior of her dogs and the repeated citations she received indicated that James' was knowledgeable about her dogs' vicious tendencies and the need to restrain them. Counsel asserted that James' indifference, ignorance and negligence caused the attack that injured Fenlon. Fenlon was taken to the emergency room in an ambulance where he was diagnosed with a fracture of his left (non-dominant) distal radius. The fracture required external fixation surgery. Plaintiff's counsel asserted that Fenlon was unable to drive or perform everyday tasks for 40 days he was in the fixator. Counsel also asserted that when the fixator was removed Fenlon had to undergo arthroscopic surgery and an ulnar shortening osteotomy. Counsel presented $38,998 in past medical damages and $2,420 in incidental expenses. Counsel for the defendant suggested that Fenlon's behavior incited the dogs to attack him. According to counsel, Fenlon had driven into the wrong driveway prior to entering James' driveway and he knocked on the bay window instead of the door, and that this behavior was likely to agitate the three dogs he knew to be on the premises. Counsel also contended that prior to being forced to the ground by the dogs, Fenlon kicked one of them twice. According to defense counsel, the fact that the three buyers weren't attacked by the dogs proved that Fenlon's erratic behavior brought on the attack. Counsel for the defendant presented testimony from James' friend who testified that the dogs were kind and gentle. That witness asserted that she routinely allowed her small children to play with the animals. Plaintiff's counsel contended that Fenlon was rendered permanently disabled by the attack and as a result would no longer be able to work as an HVAC mechanic. Counsel asserted that Fenlon subsidized his real estate business with HVAC work for which he received $32 per hour. Plaintiff's counsel presented the testimony of one of Fenlon's colleagues from his HVAC job who testified in support of Fenlon's marketability before the incident and how the wrist injury adversely affected Fenlon's ability to gain part-time HVAC work. Based on those assertions, counsel sought to recover between $256,500 and $512,000 in past and future wage loss damages as well as unspecified past and future pain and suffering damages. Counsel for the defendant disputed plaintiff counsel's wage loss damage plan, asserting that Fenlon was unlikely to have returned to work as an HVAC mechanic because he had been working full-time in real estate for at least one year before the incident. Counsel noted that Fenlon still worked as a full-time real estate agent at the time of trial.
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