Monday, May 4, 2009

An Update on Pike County Jury Verdicts

I recently began recieving copies of the Pike County (Pennsylvania) Legal Journal, a weekly publication pertaining to matters in that county located in the Northeastern corner of the state where Pennsylvania meets up with New York and New Jersey. Among the items reported on are jury verdicts. I have summarized the information on those recent verdicts for you below.

Please note that it is my intention periodically update you on the reportings of these Pike County verdicts as part our ongoing efforts to keep you apprised on how juries are evaluating claims in this rural county that has a continuing influx of former New York and New Jersey residents. Perhaps a knowledge of Pike County jury verdicts in civil litigation matters may assist you in coming to a proper evaluation of claims arising in that county and the other surrounding rural counties in that area.

To my knowledge, none of the other surrounding counties provide this information in their legal journals. Should that change, I will include that additional information in later updates.

In the meantime, I will reach out to the writers of the legal journals of Lackawanna and Luzerne Counties to see if there is any interest in providing such information on a regular basis. I will also suggest to the writers of the Pike County Journal that it may be helpful to provide the attorney information so that attorneys can contact them for more detailed information or even to send a note of congratulations (or sympathy!).

The information secured on the recent Pike County verdicts is, as follows:

PIKE COUNTY VERDICTS
(Updated 5/4/09)

MCGINNIS V. CHERASARO
No. 202-08-Civil
Verdict Recorded 4/17/09
The Plaintiff sought damages for injuries sustained in a motor vehicle collision which occurred in Milford, Pennsylvania. The Defendant stipulated that his own negligence caused the collision, but disputed the allegation that the collision was a factual cause of the Plaintiff ’s injuries. Specifically, the Defendant argued that the Plaintiff suffered from a pre-existing condition. Following a two-day jury trial, the jury found in favor of the Defendant.
Presiding Judge: Hon. Gregory H. Chelak, J.


BARAK v. RESORTS USA
No. 1304-06-Civil
Verdict Recorded 4/7/09
Plaintiffs filed a negligence action against Resorts USA d/b/a Fernwood Hotel for a slip and fall that occurred in December of 2005 on the walkway leading to one of the resort buildings. After checking in at the hotel, the Plaintiff drove to the building his family was assigned. While walking around the building, the Plaintiff slipped and fell on ice on the sidewalk. As a result of this slip and fall, the Plaintiff sustained a broke ankle and underwent two surgeries to repair it.

Following a two day jury trial, the jury found for the Plaintiff. More specifically, the jury concluded that the Plaintiff was 40% negligent and that the hotel was 60% negligent in causing the Plaintiff’s injuries. Without consideration of, or a reduction for the attributed percentage of causal negligence, the jury awarded the Plaintiff, $12,378.28 in medical expenses and only $2,500.00 for pain and suffering for a total award of $14,878.28.
Presiding Judge: Hon. Gregory H. Chelak, J.

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