Barrister’s Brief
arristers
NEWS, INFORMATION AND COMMENTARY FROM THE FAMILY OF LAWYERS
IN THIS ISSUE Jury Awards Accident Victim $400,000
2007 VOL. 1
On November 16, 2006, after only two hours of deliberation, a
Verdicts & Awards Luzerne County jury determined our client should receive $400,000
for the injuries he sustained in a 2002 automobile accident.
Firm News The accident occurred as our client was traveling westbound on
Carverton Road near the entrance to Frances Slocum State Park,
Atty. Robert W. Munley when the defendant’s vehicle pulled out into oncoming traffic. With
Named “Best Lawyer no time to react, the two vehicles collided, resulting in considerable
in America” damage. Our client suffered herniated cervical discs at two levels of
his neck, and continues to suffer from chronic pain and discomfort.
Health Care Reform Prior to trial, State Farm Insurance Company offered our client $15,000
in settlement. Atty. Bernard D. Walter, of Shavertown, said that in view of the small
Car Accident Tips settlement offer, he recommended trying the case in court. “It’s not usually an easy decision
to turn down a settlement offer, and take a case to jury verdict,” said Atty. Cartwright,
Winter Driving “However, in this case, it was.”
The jury awarded $100,000 in economic losses, plus another $300,000 for pain and suffering
Rising Stars and other non-economic harm, and over $40,000 in delay damages, or interest, will be added
to the verdict, bringing the total award to over $443,000.
Making National News
The trial was held in front of the Honorable Hugh F. Mundy, and lasted four days.
Two Munley, Munley & Cartwright Attorneys
Named “Rising Star Super Lawyers”
Atty. Caroline Munley and Atty. Daniel W. Munley were recently and verification of good standing with the State Bar of
named “Rising Stars Super Lawyers” by Law & Politics, Inc. and the Pennsylvania. To ensure a diverse and well-balanced list, the
publishers of Philadelphia Magazine. They are among only 2.5% research staff considers factors such as firm size, practice area
of Pennsylvania lawyers receiving this distinction, naming them and geographic location.
among the best young lawyers in America.
A graduate of the Tulsa School of Law, Atty. Daniel W. Munley has
Rising Star attorneys must be 40 years old or younger, and have received numerous awards as well as international recognition for
practiced for 10 years or less. To determine who will qualify for the his advocacy in personal injury litigation. This is the second time
prestigious award, former Super Lawyers are asked to nominate he has been named a Rising Star Super Lawyer.
attorneys whom they have personally observed. In addition, Law &
Atty. Caroline Munley earned her degree from Temple University
Politics, Inc. independently researches each nominee via interviews,
James E. Beasley School of Law, where she received the Barrister
evaluations of their professional achievements, peer recognition,
Award for Achievement in the field of Trial Advocacy. Since
joining the firm, she has been recognized for leading several
Fo r M o r e Ca s e I n f o
initiatives, including an out-reach program to the growing
Hispanic community.
w w w. m u n l e y. co m
Robert W. Marion Matthew A. J. Christopher Daniel W. Robert W. Julia Caroline
Munley Munley Cartwright Munley Munley Munley III Munley Munley
FIRM NEWS Symptoms Point to Insurance
Atty. Robert W. Munley Named Despite Political Misdiagnosis
“Best Lawyer in America” Article by Atty. David Fallk – It is time that the deceptions,
Atty. Robert W. Munley, founding partner of Munley, diversions and denials being pushed by so-called “tort
Munley & Cartwright, was recently named to reformers,” particularly in the medical establishment, are
“The Best Lawyers in America” for the eleventh exposed and rejected. Such “reform” is, in reality, nothing
consecutive year. This prestigious honor is awarded more than avoidance of responsibility and accountability.
only to the top lawyers in the country. Atty. Robert
In 1999, the Institute of Medicine first blew the cover off the
W. Munley was recognized for his outstanding
full extent of negligence and diminished care in our nation’s
reputation in personal injury litigation.
hospitals, placing the annual death rate from preventable errors
Atty. Daniel W. Munley Featured at near 100,000. Although this largely hidden epidemic has been
at Another National Seminar claiming the equivalent of two or three jumbo jet crashes every
Atty. Daniel W. Munley was recently a featured day, doctors’ groups and hospitals have tried to excuse or ignore
speaker at the American Association for Justice’s the fact.
seminar, Litigating Truck Accidents - From Discovery But last year, even the Journal of the American Medical
to Trial, in Las Vegas, Nevada. This is the third time he Association was forced to concede that the IOM’s numbers were
has been chosen to address this prestigious group. probably too low.
Atty. Matthew A. Cartwright Recently, the Oct. 16 issue of Newsweek nailed the true crisis
Addresses Students facing Americans as hospital health-care quality, not the legal
Atty. Matthew A. Cartwright addressed graduating system. As a result, health-care experts are finally owning up to
seniors at Penn State University Worthington Campus. the idea that health-care reform must start with acknowledging
Invited by Prof. Jan Edman, Ph.D., Atty. Cartwright mistakes, disclosure to families and taking responsibility for
presented information on current challenges facing errors. Those errors include misdiagnoses, delayed diagnoses,
law practice management. Over thirty students were prescription mistakes, mixed-up lab reports, wrong-site surgeries
in attendance. and surgical instruments left inside patients, all of which cause
unconscionable suffering and death in America.
Nicole M. Cerullo Joins Firm The Pennsylvania Health Care Cost Containment Council and
The firm has hired Nicole M. Cerullo as Client Contact the state’s Patient Safety Authority tell us that hospital-acquired
Liaison. She is responsible for assisting with Operation infections which had previously been hidden from public
Touch, a unique program geared toward enriching disclosure, needlessly add $2 billion to health-care spending in
client relationships. She also coordinates Pennsylvania annually.
communication programs between the firm and
the public. Similarly, it is wrong to blame any shortage of doctors on anyone
but the health-care establishment itself. Last year, USA Today
published an eye-opening exposé documenting how medical
groups themselves worked for decades to control and limit the
It’s a Girl... number of doctors being trained in America. Other articles have
gone on to explain the complexities involved in how and why
Atty. Caroline Munley Mullin and husband, physicians choose specialties and places to practice. Chief among
Ed, welcomed their first child. The baby girl those factors are differences in reimbursement rates, availability
was born on October 23, 2006. Named for her of support services and lifestyle choices.
great grandmother, grandmother, and aunt, Bernadine An overwhelming body of evidence now confirms doctors have
weighed in at nine pounds, 3.5 ounces, and measured 20 and an insurance problem, not a lawsuit problem. Statistics gathered
a half inches long. by the courts show that over the past five years, while doctors’
insurance rates were climbing, the number of malpractice
...and a Boy! lawsuits filed in Pennsylvania dropped by nearly 40 percent.
Nationwide, liability insurers raised doctors’ rates 120 percent,
A baby boy, Robert Munley IV, was born to Atty. while the amount of money paid to victims rose less than 6
and Mrs. Daniel Munley on December 6, 2006. percent during the same time period. (continued on next page)
Little Robbie was eight pounds, 14 ounces, and
Fo r M o r e Fi r m I n f o
measured 20 inches long. The new arrival joins
his big brother, Dan Jr., and big sister, Grace.
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auto tips:
Cut this page out &
Save it in your glove box!
What To Do After A Car Accident
1. STAY CALM & GET HELP Got a camera phone? Click some 6. KNOW YOUR LEGAL RIGHTS
Move your car off the road. pictures at the scene. You can talk to us over the phone,
Turn off your ignition and turn on your 3. SEE YOUR DOCTOR at our office, or even in the hospital
four-way flashers. or at your home. You do not pay any
Injuries do not always result in lawyers fees unless your case is
Call 911. immediate pain. If there is even the successfully concluded.
Always call the police! It is critical that slightest chance you may be injured,
there is an accident report on file. see your doctor. 7. BE CAREFUL WHO YOU SPEAK TO
4. NOTIFY YOUR INSURANCE COMPANY Only speak to your insurance company,
2. GATHER INFORMATION - your attorney and to the police.
WRITE IT DOWN! & COOPERATE FULLY
If anyone else contacts you, refer them
If you are able, and it creates no danger 5. REPORT THE ACCIDENT to your lawyer (1-800-346-7401).
to yourself or anyone else, get names,
addresses and phone numbers from Under PA Law, you have 48 hours to
all witnesses. file an accident report.
Winter Driving: How To Stay Safe
Winter driving can be dangerous if you run into problems and are not prepared.
Here are a couple checklists to keep you safe as you travel this winter season.
Check the following items before you travel:
tire inflation including spare heater/defroster and brakes - remember stopping
fluid levels windshield wipers distances are twice as far
battery, hoses, belts headlights, brake lights, in ice & snow
and emergency flashers fuel level - keep a full gas tank
Pack the following items in an emergency kit, and keep it in your vehicle:
cell phone and phone list booster cables boots and gloves
tire chains flares or hazard-reflectors first aid kit
bag of salt/sand for traction flashlight and extra batteries snack bars/food/water
snow shovel/brush emergency lights matches and emergency candles
ice scraper fuel line de-icer road maps or atlas
portable battery charger blankets & warm clothing “HELP” signs
(continued from previous page)
It was disclosed that the CEO of UnitedHealth Group, William Election Day provides a way for ordinary citizens to fight back and
McGuire, was paid (I hesitate to say earned) more than $522 million show politicians and their allies in the responsibility-avoidance
between 1992 and 2005, and he could be leaving the company with lobby, that we can no longer afford their misdiagnoses of the
additional compensation that could possibly double that figure. problems and snake-oil remedies.
Sadly, all we hear from the medical community and politicians is A native of northeastern Pennsylvania, Atty.
how we need to “fix” the legal system by arbitrarily limiting the David Fallk, has been a practicing trial lawyer
amount of money seriously injured patients can recover in cases since 1975. Atty. Fallk holds a B.S. in Economics
where negligence and malpractice have already been proven. from the University of Pennsylvania and a J.D.
Unlike those politicians who bow to pressure from their supporters from Temple University. He currently serves as
the President of the Committee for Justice for
in the insurance industry, drug lobby and big business, we need All, an organization dedicated to preserving
elected officials who won’t curtail the rights of average people to the integrity of the civil justice system and the
pursue justice in the courts. Constitutional right to trial by jury.
CONTACT US IF YOU
Making National News ARE EXPERIENCING
A recent Sweeps Edition of the CBS Insider featured PROBLEMS WITH:
an article titled “Instant Gratification in Scranton”.
The story focused on WYOU-TV 22’s new interactive Automobile & Tractor Trailer
format, calling it “…the country’s first totally Accidents
interactive local TV newscast”, and it’s creating quite a buzz. Medical Negligence
The station’s 5pm, 6pm, and 11pm broadcasts focus on a single topic, Nursing Home Negligence
or multiple issues, depending on the news of the day. Thousands of
Personal Injury
calls are coming in, and it has become what stations crave – water
cooler conversation. Workers’ Compensation
Munley, Munley and Cartwright are a critical component of this new,
Product Liability
successful, interactive format as WYOU’s legal analysts for “The Law Stock Fraud & Losses
and You”. If you have questions about the law, tune in to WYOU every Pharmaceutical Litigation
weeknight at 5:50pm when the attorneys from Munley, Munley and
Commercial & Business
Cartwright offer their expertise during this segment. Plus, once each Litigation
month, the MMC team takes viewers’ calls on a specific aspect of the
Environmental Hazards
law, live from 5:00pm to 6:30pm. To learn more about “The Law and
You”, simply click on the “The Law and You” link on our website! Criminal Cases
OUR Our goal is to provide exceptional legal services to our clients.
We will strive to achieve the highest standard of excellence for
MISSION the protection of individual rights through teamwork,
use of all available resources and experience.
STATEMENT
OFFICE LOCATIONS | Scranton, Plains, Hazleton,Hamlin
Stroudsburg, Carbondale,
WEB | www.munley.com
E-MAIL ADDRESS | lawyers2@munley.com
PHONE | (570) 346-7401
TOLL-FREE | 1-800-346-7401