Monthly Archives: June 2014

Jun 27, 2014 - Premises Liability


By Jonathan Russell of Drake, Hileman & Davis, P.C. posted in Premises Liability on Friday, June 27, 2014. A man is in stable condition after police say he was shot in the leg while visiting a Philadelphia, Pennsylvania, bar. The 38-year-old man suffered the gunshot injury to his leg on June 16 at around 1:30 a.m. Philadelphia police say the shooting happened after a fight erupted inside the bar. Police say that is when one man pulled out a gun and fired it at the victim. The victim was evacuated from the bar, located in a West Kensington neighborhood, and admitted to Temple University Hospital for his injuries. Police are still investigating the shooting. They have not mentioned a cause for the disagreement between the two men. The suspected shooter has been at large since he fled the scene of the crime earlier in the month. He is described as having worn a blue tank top at the time of the incident. Patrons who frequent bars and nightclubs have a right to be safe during their visit. Alternatively, proprietors serving alcohol should take all reasonable care to ensure that their patrons are not harmed while inside their establishments. Otherwise, that proprietor runs the risk of premises liability. For example, it is foreseeable that people drinking alcohol might get into fights with some frequency. Therefore, it would be prudent for a proprietor to take the precautionary measure of installing metal detectors or hiring extra security personnel to mitigate the risk of that harm. […]

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Jun 18, 2014 - Drunk Driving Accidents


By Drake Hileman of Drake, Hileman & Davis, P.C. posted in Drunk Driving Accidents on Wednesday, June 18, 2014. A recent celebration held on June 14 in Newport, Pennsylvania, paid homage to victims killed by drunk drivers. Last Saturday, the Perry County Fair Grounds hosted the seventh annual SuBeLex Memorial Festival in Newport. The name of the event is the combination of letters taken from the names belonging to three victims of a drunk driving accident that occurred on Oct. 14, 2002. The tragedy that sparked the origin of the festival involved a car accident that happened in New Bloomfield, Pennsylvania, and resulted in the deaths of two victims and left another paralyzed. Following the accident, the family members of the victims and their friends organized the annual festival as a way to honor their loved ones while also bringing awareness to the problem of drunk driving. One of the founders of the festival says that the non-profit typically brings in enough money each year to purchase things like DUI simulation goggles. The devices are then used to illustrate the dangers of drinking and driving at various drug and alcohol awareness forums throughout the county. A local radio station provided the music for the festival, which also featured a blood drive hosted by the Central Pennsylvania Blood Bank. Additionally, children’s activities were also featured, along with various craft vendors and other service organizations. A highlight of the event was the presentation of bricks, which will be taken and put on […]

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Jun 11, 2014 - Truck Accidents


By Drake Hileman of Drake, Hileman & Davis, P.C. posted in Truck Accidents on Wednesday, June 11, 2014. A new debate has now entered the conversation regarding commercial truck drivers operating their vehicles while exhausted. The question is who should be held accountable for truck drivers that feel compelled to drive tired in order to earn a living? A recent New Jersey truck accident that killed one person and injured three others is now getting a lot of attention due to a celebrity’s involvement. Actor Tracy Morgan was inside a limo van that was struck from behind by a Walmart tractor-trailer on June 6. Inside the limo van, one person was killed and three others seriously injured, including Morgan, after the limo van was flipped over from the truck’s impact. The driver of the truck, a 24-year-old man from Georgia, was later charged with death by auto and four counts of assault while driving. As the law currently stands, operators of commercial tractor-trailers are not supposed to work longer than 14 hours each day. They are also restricted from actually driving any longer than 11 hours during any single stretch of time. Obviously, the regulations are intended to keep truck drivers from falling asleep at the wheel. Police haven’t yet gone so far as to say that the truck driver fell asleep at the wheel, but they did mention prolonged sleep deprivation in their charging documents. What is interesting is that sleep deprivation can have the same effect as drinking […]

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Jun 6, 2014 - Pedestrian Accidents


By Drake Hileman of Drake, Hileman & Davis, P.C. posted in Pedestrian Accidents on Friday, June 6, 2014. On June 5, a New Hanover, Pennsylvania, women received her sentence for her role in the negligent vehicular death of an elderly pedestrian. The 64-year-old former school bus driver will avoid prison time but she will be on probation for three years for misdemeanor involuntary manslaughter. Additionally, she must complete 600 hours of community service. According to the criminal complaint, the defendant was driving her school bus in Lower Pottsgrove, Pennsylvania, with five children on board, headed to school. It was around 7:08 a.m. on Sep. 9, 2013. When police say that the front bumper of the bus struck a 78-year-old Pottstown, Pennsylvania woman while she was crossing the street at Mervine and North Charlotte streets. The defendant continued on after the pedestrian accident and delivered the children to school before returning to her home. Police later discovered her there after an intense investigation. She claims that she was unaware that she had struck a person. At her sentencing hearing, the defendant demonstrated profound remorse for the death of her victim. Her defense attorney mentioned that the defendant had a spotless driving record prior to the accident. She had not even received a speeding or parking ticket in over 30 years of driving. In an unusual twist, the victim’s family did not seek stiff punishment for the defendant but instead asked that the woman be compelled to spend the bulk of her 600 […]

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