Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By Zack Needles | August 18, 2017
In a precedential ruling tackling not one but two issues of first impression, the Commonwealth Court limited protections for car dealerships under Pennsylvania's Board of Vehicles Act, while strengthening carmakers' contractual power.
By Max Mitchell | August 15, 2017
A Pennsylvania judge has denied insurance giant State Farm's bid to end a bad-faith lawsuit that alleges the company refused to reimburse a man who had been charged for stacking insurance coverage even though he owned only one vehicle.
By Larry E. Coben | August 10, 2017
Automobile manufacturers are legally obligated to design, build and sell vehicles that are crashworthy, as in Gaudio v. Ford Motor, 926 A. 2d 524 (Pa. Super. 2009), appeal den., 989 A. 2d 917 (2010). Crashworthiness is the designed protection a vehicle affords occupants against injury or death in a collision, as in Harsh v. Petroll, 840 A.2d 404, 417-418 (Pa. Commwlth 2003). If a motorist or passenger is involved in a collision and she suffers enhanced injuries, the vehicle manufacturer will be liable for those injuries—if the producing harm was caused by a defective design, as in Hutchinson v. Penske Truck Leasing, 876 A. 2d 978 (Pa. Super. 2005), aff'd. 592 Pa. 38 (2007). Before the 2011 amendments to the Pennsylvania Comparative Negligence Act, the tortfeasor causing the accident and the tortfeasor-manufacturer whose product enhanced the injuries were jointly and severally liable. Thus, if a jury found the offending driver 80 percent liable and the vehicle's faulty design 20 percent liable (for the purpose of perfecting a claim for contribution) for the enhanced injury, the victim could recover the full amount of the verdict from either party. However, in 2011, the legislature altered the common law and passed 42 Pa. C. S. 7102 (a.1) and (a.2) to establish several liability based upon jury apportionment of each defendant's liability, 42 Pa. C. S. 7102 (a.3) allows for joint and several status of a defendant found "not less than 60 percent" liable. The question that has not been addressed in connection with the doctrine of crashworthiness is whether apportionment of liability is appropriate when the plaintiff's harm is divisible or indivisible? As set forth below, the most logical answer is: no.
By Max Mitchell | July 21, 2017
The Pennsylvania Superior Court has tossed out a $38.5 million punitive damages award in a case involving a fatal shooting at a Kraft factory, but according to several plaintiffs attorneys, the ruling tossed out much more than money.
By C. Ryan Barber | June 29, 2017
Takata was among the clients Dechert partner Steven Bradbury, President Trump's nominee for Transportation Department general counsel, identified on his financial disclosure form. "I recognize that I am recused for my entire time as general counsel, if I am confirmed, from all aspects of Takata recalls," Bradbury said. He reported earning nearly $1.15 million from Dechert between January 2016 and May 2017.
By Max Mitchell | June 16, 2017
A trial judge was correct to let jurors view a trimmed-down version of GoPro camera footage that showed a motorcyclist driving erratically before a fatal crash, the state Superior Court has ruled in a decision affirming the $3.1 million verdict in favor of the biker's family in the case.
By Max Mitchell | May 11, 2017
A proposed federal class action lawsuit against Allstate over its policy mandating that claimants undergo medical exams by a doctor of the carrier's choosing before they can receive benefits has gotten the green light in a ruling that predicts how the Pennsylvania Supreme Court may handle the situation, which has started percolating through state courts.
By Max Mitchell | May 5, 2017
Just before the Pennsylvania Supreme Court was set to hear arguments about what insurance carriers have to do to ensure someone with a single-vehicle policy has properly been given the chance to waive stacking when they buy two additional vehicles years later, the case that presented the issue settled. As a result, the Superior Court decision that was left unreviewed might continue to haunt the plaintiffs bar—at least until the high court gets another chance to look at the issue.
By Max Mitchell | May 4, 2017
The state Supreme Court has decided not to take up Volvo's appeal of a decision last year that overturned a defense verdict in a crashworthiness case against it. The justices denied allocatur Thursday in . The lawsuit was seen as a case that might have allowed the high court to address product liability issues in the wake of the Supreme Court's game-changing ruling in .
By Max Mitchell | April 19, 2017
The state Superior Court has affirmed a more than $55 million verdict against Honda Motors in a much-anticipated ruling that further refines Pennsylvania products liability law in the wake of the game-changing 2014 decision in .
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