Case Law Update: Patrick Switzer v. Connectron Inc.

This case involves a reversal by the Superior Court on respondent’s Motion to Dismiss. Petitioner filed an occupational claim against Connectron where he had been employed as a punch press operator from l987 until 5/93. Petitioner alleged that position required repeated trauma to both hands and wrists which caused carpal tunnel syndrome. He first “learned” … Continue reading “Case Law Update: Patrick Switzer v. Connectron Inc.”

Case Law Update: Danuta Rosinski v. General Motors

Respondent appeals from a final determination by the Workers Compensation court who found petitioner was entitled to death benefits because her husband died while on special mission. The central issue raised on appeal is whether the decedent was engaged in the direct performance of his duties when he suffered a heart attack while waiting outside … Continue reading “Case Law Update: Danuta Rosinski v. General Motors”

New Challenges In Trying A Negligence Case

In this case, Cedar Johnson was employed by Cambridge Frozen Bakery Products Company. Johnson’s supervisor, Ray Majewski, asked Johnson to drive to Majewski’s home and retrieve his prescription medicine. Johnson did as he was instructed, and used his own car for transportation. En route, Johnson struck a vehicle operated by plaintiff Samuel Finn, who was … Continue reading “New Challenges In Trying A Negligence Case”

Will the Bankruptcy Bill Protect You when the Delinquency Wave Hits

The devastation created by the Tsunami that hit Southeast Asia was exceeded only by the worldwide outpouring of assistance, generosity and goodwill. It is both a testament to the precarious reality of our existence and the resiliency and fortitude of mankind. The Tsunami was a consequence of an earthquake which, few, if any experts, anticipated. … Continue reading “Will the Bankruptcy Bill Protect You when the Delinquency Wave Hits”

The Golden Years: Outliving Our Independence

The National Center for Health Statistics reported on June 11, 2008 that life expectancy hit a new record high, surpassing 78 years. One aspect of living longer is an issue that many of us try not to think about – outliving our independence. The truth is that most of us face this situation for at … Continue reading “The Golden Years: Outliving Our Independence”

Danger In Winter Wonderland

Winter brings us joyous holidays, crystalline beauty on the trees and a new year. It also brings ice and snow on roads and sidewalks. While we gaze in wonder at trees turned refulgent as diamonds, our feet may slip out from under us and land us on our posteriors. Even a warm winter day with … Continue reading “Danger In Winter Wonderland”

Recent Case Summary Reports On Matters Involving Insurance Coverage

In Skeete v. Dorvius, decided by our Supreme Court on June 10, 2005, the Court held that a step-down clause for UIM coverage in an automobile policy was unenforceable. Specifically, the reduction in UIM coverage for passengers in the policy was buried in approximately two hundred pages of materials. In this case, Shedrack Skeete was … Continue reading “Recent Case Summary Reports On Matters Involving Insurance Coverage”

Verbal Threshold Defeats Lawsuits Once Again

Involved in a motor vehicle accident and governed by the verbal threshold, plaintiff, Ortenzio, undergoes electromyography demonstrating right C5 and C6 radiculopathies and bilateral L5 and S1 radiculopathies. A cervical MRI reveals disc bulging at C4-5 through C6-7, but no herniation. An MRI of plaintiff ‘s jaw shows hypermobile condyle with retro-discal inflammation and internal … Continue reading “Verbal Threshold Defeats Lawsuits Once Again”

What’s So Special About A Special Employer

When an accident occurs on a construction site, the injured party typically sues the owner of the property, the general contractor and the various subcontractors. There is a wellestablished, yet under utilized doctrine of law which, under the right circumstances, provides the same immunity from liability to a general contractor or subcontractor as that provided … Continue reading “What’s So Special About A Special Employer”

The Art of Asset Protection

The average individual spends most of his adult life working to maintain or improve the lifestyle of his family and loved ones. Many have the foresight to create and follow strategic plans which maximize economic return on their investment of time, energy and effort. Frequently, these same individuals have the foresight to retain accountants and/or … Continue reading “The Art of Asset Protection”