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