Jon Perry, Esquire, of Rosen, Louik & Perry, recently authored this piece for PAJustice News.

Huge Victory for Injured Victims Facing Large ERISA Liens
James McCutchen was seriously injured in an auto accident,requiring medical treatment exceeding $67,000 that was paid by a US Airways employer self-funded-ERISA plan. Because of limited insurance coverage, McCutchenas recovery was limited to $10,000 from the tortfeasor and $100,000 from underinsured motorist coverage. When US Airways demanded repayment of its entire lien, McCutchenas attorney refused and sought to negotiate a fair reduction. US Airways refused to negotiate so McCutcheonas attorney escrowed $41,500 representing the lien less attorney fees.

US Airways sued McCutchen and his attorney in the United States District Court for the Western District of Pennsylvania pursuant to section 502(a)(3) of ERISA, which permits an employee benefit plan to seek aappropriate equitable relief.a In the district court, McCutchen and his attorney asserted that the relief sought a recovery of the entire lien without paying any recovery costs a was not aappropriatea for a number reasons, including, (1) that, because of limited insurance coverage, McCutchen had recovered only a minor portion of the true value of his case, and (2) that permitting US Airways to recover its entire lien without paying attorneyas fees was not equitable. Relying upon the strict language of the US Airwaysa employee benefit plan, which provided that no recovery costs be paid, and Third Circuit precedent holding that the plan language was controlling, the district court granted summary judgment in favor of US Airways and ordered McCutchen to repay the entire lien.

On appeal, a unanimous panel of the Third Circuit reversed. The court first noted that the Third Circuit precedent relied on by the district court was no longer controlling because of intervening United States Supreme Court precedent that clearly held that an employer like US Airways was limited to seeking aappropriate equitable reliefa under section 502(a)(3); the Supreme Court also made clear that it was not required to decide what relief was aappropriate.a The Third Circuit noted that the precedent relied on a that the terms of the plan must be enforced as written a did not even mention section 502(a)(3) and for that reason was no longer controlling. Relying further on language of the US Supreme Court, the Third Circuit held that traditional equitable defenses, such as unjust
enrichment and others, had to be considered by the district court in determining what constituted aappropriatea relief and that the plan language was not sacrosanct. The Third Circuit vacated the district courtas order and remanded the case for further proceedings to determine the appropriate relief to which US Airway was entitled.a Plaintiffas attorney had waived his entire fee in light of the severity of injury and limited coverage.

The published, precedential opinion of US Airways, Inc. v. James E. McCutchen, No.
10-3836 (3rd Cir. November 16, 2011) is available at the Third Circuit Court of Appeals
website: www.ca3.uscourts.gov

Note: The appeal was argued by Matt Wessler, the Kazan-Budd Attorney at Public Justice. His co-lead counsel were PAJ Sustaining Member Neil R. Rosen, Esquire and PAJ Member Paul Hilko, Esquire. i1/4

This development will greatly help Pennsylvania Auto Accident Attorneys and car crash victims seeking insurance needed insurance settlements.

Motorcycle enthusiasts won a big victory in 2003 by having Pennsylvaniaas helmet law stricken. But this decision came under scrutiny after the recent accident report of a 53 old, David Robinson. He was travelling on Quarry road and as he approached a curve, his motorcycle crossed the central line and stuck an embankment. As a result, he slid for about 150 feet and his head hit the pavement resulting in a fatal injury. Though no one can say with conviction that he would have survived had he been wearing a helmet, Capt. Tom Roche said that he believes the man may have. He said he appreciates the freedom of riders being given the choice to wear a helmet but notes that incidents such as this could be prevented. Now, a western Pennsylvania lawmaker is trying to restore the law of mandatory wearing of helmets.

The current state law allows the motorcyclist to ride without a helmet if he is more than 21 years old. The rider must also have a license to operate a motorcycle for more than two years or he should have completed a motor cycle safety course approved by PennDOT. The state representative, Dan Frankel who is the lead sponsor of House Bill 945 (restore the law of mandatory wearing of helmets) has reintroduced legislation to restore the helmet law in Harrisburg. For riders under 21 years, the representative introduced a bill to provide for special license plates.

In his support, Frankel reported a study which shows the staggering costs of health care because of the serious injuries as a result of not wearing helmets. The study compared two years pre helmet law (2001 and 2002) and two years post helmet law (2004 and 2005). The head injury deaths were increased by 66% and people hospitalized due to head injury increased by 78%. Thus, the number of injuries increased much more rapidly than did the number of riders on the road. The study also showed an increase of 132% of acute-care hospital charges for motorcycle related head injuries. This doesnat include rehabilitation costs and long term care.

Motorcycle fatalities have increased from 152 in 2004 to 185 in 2006 and the main injuries that occur due to the accident include Traumatic Brain Injury (TBI), spinal cord injury, broken bones and internal bleeding etc. Wearing a helmet will help to reduce the seriousness of TBI and spinal cord injury. A rider injured in a motorcycle accident can claim money for medical expenses and also file a claim for pain and suffering.

State Rep. Frank Farry, R-142, of Langhorne suggested that he would read the bill and analyze the data that shows the amount of head related injures before and after the law and then comment on the action. He feels that it would be a burden to the tax payers if the freedom of wearing helmet results in injuries and fatalities.

aThis study shows an incredibly dramatic increase in head injuries and hospitalizations that exceeds the increase in the number of motorcycle riders in Pennsylvania. The implications of this for health care costs are staggering and affect everyone, through tax-funded health care, health insurance premiums and covering uncompensated care," said Frankel

The riders have a different story. About 25 bikers were taking a break from their motorcycle rides at Brian's Harley-Davidson/Buell in Middletown on Saturday. About half of them decided not to wear helmet. Two veterans who have been riding Harleys since the early 1970s suggested that the decision to wear helmet should be left to the rider. One of the riders, Bob Adler also said that wearing a helmet confuses him and he prefers to ride without helmet. He also stated that the main reason for accidents is due to cars and trucks not paying attention to motorcyclists. He added that he maintains distance between himself and cars and so stayed accident free for all the while without wearing a helmet.

With summer now here, more motorcyclists are getting their bikes out and hitting the open road. Combined with the rising gas prices more people are buying motorcycles and the roads are becoming more populated with the 2-wheelers. Unfortunately, there seems to be an underlying prejudice against motorcyclists that many times results in law investigators placing blame on riders without proper examination of the case facts.

Sadly, motorcycle accidents often result in such serious injuries that victims have difficulty managing even day-to-day tasks, are unable to work, and sometimes require long-term care. Because of the bias that motorcyclists are less responsible drivers, personal injury cases involving bikes can be extremely difficult to win.
At Rosen Louik & Perry, P.C. our experienced lawyers will fight to ensure you receive proper compensation for your motorcycle injuries. If you or a member of your family has suffered a serious injury, it is important to recover the resources you will need for medical care and other necessary expenses. We invite you to contact our Pittsburgh office for a free consultation and case review. Our personal injury lawyers will only take your case if they feel it will improve your situation.

Motorcycle enthusiasts won a big victory in 2003 by having Pennsylvaniaas helmet law stricken. But this decision came under scrutiny after the recent accident report of a 53 old, David Robinson. He was travelling on Quarry road and as he approached a curve, his motorcycle crossed the central line and stuck an embankment. As a result, he slid for about 150 feet and his head hit the pavement resulting in a fatal injury. Though no one can say with conviction that he would have survived had he been wearing a helmet, Capt. Tom Roche said that he believes the man may have. He said he appreciates the freedom of riders being given the choice to wear a helmet but notes that incidents such as this could be prevented. Now, a western Pennsylvania lawmaker is trying to restore the law of mandatory wearing of helmets.

The current state law allows the motorcyclist to ride without a helmet if he is more than 21 years old. The rider must also have a license to operate a motorcycle for more than two years or he should have completed a motor cycle safety course approved by PennDOT. The state representative, Dan Frankel who is the lead sponsor of House Bill 945 (restore the law of mandatory wearing of helmets) has reintroduced legislation to restore the helmet law in Harrisburg. For riders under 21 years, the representative introduced a bill to provide for special license plates.

In his support, Frankel reported a study which shows the staggering costs of health care because of the serious injuries as a result of not wearing helmets. The study compared two years pre helmet law (2001 and 2002) and two years post helmet law (2004 and 2005). The head injury deaths were increased by 66% and people hospitalized due to head injury increased by 78%. Thus, the number of injuries increased much more rapidly than did the number of riders on the road. The study also showed an increase of 132% of acute-care hospital charges for motorcycle related head injuries. This doesnat include rehabilitation costs and long term care.

Motorcycle fatalities have increased from 152 in 2004 to 185 in 2006 and the main injuries that occur due to the accident include Traumatic Brain Injury (TBI), spinal cord injury, broken bones and internal bleeding etc. Wearing a helmet will help to reduce the seriousness of TBI and spinal cord injury. A rider injured in a motorcycle accident can claim money for medical expenses and also file a claim for pain and suffering.

State Rep. Frank Farry, R-142, of Langhorne suggested that he would read the bill and analyze the data that shows the amount of head related injures before and after the law and then comment on the action. He feels that it would be a burden to the tax payers if the freedom of wearing helmet results in injuries and fatalities.

aThis study shows an incredibly dramatic increase in head injuries and hospitalizations that exceeds the increase in the number of motorcycle riders in Pennsylvania. The implications of this for health care costs are staggering and affect everyone, through tax-funded health care, health insurance premiums and covering uncompensated care," said Frankel

The riders have a different story. About 25 bikers were taking a break from their motorcycle rides at Brian's Harley-Davidson/Buell in Middletown on Saturday. About half of them decided not to wear helmet. Two veterans who have been riding Harleys since the early 1970s suggested that the decision to wear helmet should be left to the rider. One of the riders, Bob Adler also said that wearing a helmet confuses him and he prefers to ride without helmet. He also stated that the main reason for accidents is due to cars and trucks not paying attention to motorcyclists. He added that he maintains distance between himself and cars and so stayed accident free for all the while without wearing a helmet.

With summer now here, more motorcyclists are getting their bikes out and hitting the open road. Combined with the rising gas prices more people are buying motorcycles and the roads are becoming more populated with the 2-wheelers. Unfortunately, there seems to be an underlying prejudice against motorcyclists that many times results in law investigators placing blame on riders without proper examination of the case facts.

Sadly, motorcycle accidents often result in such serious injuries that victims have difficulty managing even day-to-day tasks, are unable to work, and sometimes require long-term care. Because of the bias that motorcyclists are less responsible drivers, personal injury cases involving bikes can be extremely difficult to win.
At Rosen Louik & Perry, P.C. our experienced lawyers will fight to ensure you receive proper compensation for your motorcycle injuries. If you or a member of your family has suffered a serious injury, it is important to recover the resources you will need for medical care and other necessary expenses. We invite you to contact our Pittsburgh office for a free consultation and case review. Our personal injury lawyers will only take your case if they feel it will improve your situation.

Two Missourians were injured in a Franklin County Missouri personal injury accident on January 7, 2012 at 12:56pm. The afternoon accident occurred on Route HH near Rock Church Road.

The accident occurred as Keith L. McGee, 40, of Ballwin, Missouri drove on southbound Route HH. The 2009 Kawasaki VR100 driven by McGee crossed the centerline of the roadway. The motorcycle crashed into a 2006 Dodge Dakota, driven by Walter F. Lee of High Ridge, Missouri.

Two Missourians sustained moderate injuries in the accident: Delores E. Utley of Osage Beach, Missouri and McGee. Utley, 72, was a passenger in the Dodge. Utley was transported to St. Claire Hospital by Meramec Ambulance. McGee was taken to Mercy in Creve Coeur. Both injured parties were transported by Meramec Ambulance.

Higher gas prices have encouraged many commuters to drive motorcycles. Motorcycle fuel economy tends to be much better than car or SUV fuel economy. Some motorcycles have been documented as getting hundreds of miles per gallon (mpg). However, owning and operating a motorcycle requires prudence.

Motorcycles require careful maintenance. Motorcycle owners should exercise care in choosing a mechanic. Motorcycles should only select mechanics who are competent. Motorcycle owners may be able to read reviews of various mechanics and motorcycle repair shops in making their decision. Negligent motorcycle repair can cause Missouri motorcycle accidents. Negligent motorcycle mechanics may fail to notice that the tires are improperly aligned or that the engine has problems that could lead to a failure. These mistakes may lead to a serious accident.

Motorcycle accidents may also be caused by the driver of a passenger vehicle. Car drivers may fail to notice that the motorcycle is driving on the roadway and crash into it. Car drivers should exercise due care to ensure that a motorcycle is not in their blind spot. Failure to exercise that care constitutes negligence.

A series of Florida car crashes earlier this week on I-75 has claimed the lives of 11 people, injuring at least 18 others. The collisions, which are being described as a massive auto pileup, all happened south of Gainesville at around 4am on Sunday.

Heavy fog and brush fire smoke played a role in creating less than ideal conditions on the road that morning. According to the Florida Highway Patrol, seven tractor-trailers and 12 cars were involved in different accidents, which occurred on both sides of the highway.

In one collision, a tractor-trailer and two cars caught fire, melting asphalt. There also were crumpled cars on both southbound and northbound lanes and on the shoulders. Media reports describe the disaster area as being a mile long.

Visibility was so bad that at first rescuers could only find victims by listening for them. They spent the day spraying foam onto wrecked multi-vehicles, while some victims had to be pried out of their autos.

As of Thursday, eight of the people who were injured were still in hospitals. One of the victims still in fair condition is 15-year-old Lidiane Carmo, who lost her parents, brother, and sister in the Florida car accident they were involved in.

Just hours before the Florida auto pileup, authorities had closed off an area of the highway following a three-auto collision that caused one serious injury. According to authorities, they reopened the area just minutes before the collision. One witness said you could hear vehicles striking each other while people were screaming and crying. Steven R. Camps is quoted by the AP as describing the scene as looking alike the end of the world.a

The National Highway Transportation Board has investigators working to determine what caused the deadly pileup.

While poor weather conditions canat be blamed on anyone, in a situation such as this it is important to determine whether negligence played a factor in allowing the pileup to happen. Should the area of I-75 have remained closed following the first Florida car crash? Were there vehicles that were speeding, a driver who was driving drunk, or any other recklessness or carelessness that occurred that made it easier for an accident to happen in light of the bad driving conditions?

If you were injured in Sundayas I-75 pileup or someone you love died as a result of it, you should speak with an experienced Florida car accident lawyer immediately. There may be more than one party that should be held liable. In some cases, it may be a government entity or property owner that could/should have acted in a way that would have prevented your motor vehicle crash from happening.

Trop and Ameen, PA represents victims their families injured in South Florida truck crashes, auto crashes, pedestrian accidents, bus accidents, motorcycle collisions, and other types of accidents. Your first consultation with our Miami car accident law firm is free. We have other law offices conveniently located in Naples, Hollywood, Boca Raton, Coral Springs, and West Palm Beach.

Questions remain in deadly Florida highway crash, AP, February 1, 2012

8 remain hospitalized after fatal Florida pileup, CNN, February 2, 2012

More Blog Posts:
Florida Wrongful Death Lawsuit Blames Improperly Installed Guardrail for Fatal Car Crash, FIorida Injury Attorney Blog, January 6, 2012

With Safety Officials Calling For Tougher Stance Against Distracted Driving, Florida Lawmakers May Follow Their Lead, FIorida Injury Attorney Blog, December 29, 2012

NHTSA Reports 2,445 Florida Traffic Deaths in 2010, FIorida Injury Attorney Blog, December 8, 2011

According to the National Highway Traffic Safety Administration, there were 32,855 motor vehicle traffic accidents in the US last yearathatas the lowest number since 1949 and a 2.9% drop from the 33,883 people who died in 2009. The number of Florida traffic deaths also went down by 4.5%, at 2,445 fatalities. There were 115 more in 2009.

Our Miami motor vehicle crash lawyers represent clients throughout South Florida that were injured in car accidents, truck collisions, motorcycle crashes, pedestrian accidents, bicycle collisions, and bus crashes. Please contact us right away if you think you may have grounds for a claim.

Nationally, U.S. Transportation Secretary Ray LaHood applauded the decline in traffic deaths. He spoke about the progress made toward improving traffic safety while acknowledging that there was more to do to protect motorists.

More US Traffic Death Facts for 2010:
aC/ 22,187 passenger vehicle occupant deaths,1,976,000 injuries
aC/ 12,435 passenger car deaths, 1,258,000 injuries
aC/ 9,952 light truck deaths, 732,000 injuries
aC/ 529 large truck fatalities, 19,000 injuries
aC/ 4,502 motorcycle crash deaths, 82,000 injuries
aC/ 4,280 pedestrian fatalities, 70,000 injuries
aC/ 616 pedalcyclist deaths, 51,000 injuries

Drunk driving was a factor in 31% of fatalities. Also, not all types of traffic crashes saw a drop. The number of large truck-related deaths went up from 2009 by 6%, and there was a slight increase in the number of motorcycle crash deaths as well. There was also an increase in pedalcyclist fatalities and pedestrian deaths. Regarding accident victims that survived with injuries, NHTSA estimates that the total number of motor vehicle injury victims went up in 2010 to 2.24 million people, which is a 1.2% jump from the 2.22 million that were injured in 2009.

Even though Florida provides Personal Injury Protection, if you or your loved one suffered serious injuries in a Palm Beach car accident, you should immediately explore your options by contacting a South Florida injury lawyer. Recovering from a car crash can be tough and costly, as is losing someone you love in a collision. You may not know the extent of your injuries right away, which makes getting a good sense of how much you may ultimately owe in medical and recovery bills tough. This is another reason why you should have an experienced Hollywood, Florida car accident law firm helping you.

Obviously, any decline in Florida traffic deaths is a step forward in terms of improving vehicle safety. Unfortunately, every day, someone is involved in a car accident in this country. As experienced Boca Raton personal injury lawyers, it is our job to make sure that our clients receive all the money owed to them by all negligent parties.

Updated 2010 FARS data includes new measure of 'distraction-affected' fatalities; national attitude survey offers additional insight into problem of distracted driving, NHTSA, December 8, 2011

NHTSA 2010 US Traffic Crash Facts (PDF)

More Blog Posts:
Pro Golferas Son Sustains Head Injuries in Palm Beach County Semi-Truck Crash, Florida Injury Attorney Blog, December 2, 2011

Coral Gables Wrongful Death Lawsuit Seeks Damages from 19-Year-Old Allegedly Drunk Driver, Florida Injury Attorney Blog, November 3, 2011

Teen Drivers Continue to Text Despite Knowing the Dangers, Reports Liberty Mutual and SADD Study, Florida Injury Attorney Blog, October 20, 2011

The family of Eyder Ayala is considering filing suing the Fontainebleau Hotel for her Miami-Dade County wrongful death. The 68-year-old grandmother died last month in a Coral Gables car accident.

The driver of the 2011 Audi Q5 that struck her, 19-year-old Ivanna Villanueva, was operating her vehicle at about 80 miles an hour at the time. The University of Miami student has been charged with DUI manslaughter over the deadly crash. Prosecutors say that her BAC was three times the legal limit at .231%. The criminal charge comes with a maximum 15-year prison sentence if she is convicted. Villanueva is now under house arrest.

Ayalaas family has already filed a Coral Gables wrongful death case against Villanueva for her awanton disregard for life. Also named as a defendant is the teenageras dad, Luis Villanueva, who the plaintiffs want to hold accountable for her actions.

Villanueva used a fake ID to enter a nightclub, which is located at the Fontainebleau Hotel. At age 19, she should not have been in the club or served alcohol but receipts were found showing that she bought two shots of tequila $42. The Coral Gables car accident lawyer representing Ayalaas loved ones say that the family might sue Fontainebleau Hotel, the club, and any other places that served or sold Villanueva alcohol.

Floridaas Liquor Liability Laws
Under the stateas Dram Shop Act, serving, selling, or giving alcohol to anyone under 21 can make you accountable if this results in injury of death. Also, although Florida Statutes, Section 768.125 says that bars and establishments are not liable for injury or death caused by a person of lawful drinking age that was served alcohol, if the beverage was offered with the knowledge that the person being served is habitually addicted to alcohol use, then liability is also possible.

There are reasons why minors are not allowed to drink alcohol. Restaurants, clubs, and bars must abide by the laws that make it illegal to serve alcohol to people under 21. It is no big surprise when minors procure fake IDas to enter these facilities and there should be procedures and checks in place to prevent this from happening.

Drunk driving is a tragedy for everyone involvementathe victim, their loved ones, and the drunken driver, who likely never intended to hurt anyone and whose life will also never be the same.

If youave lost someone you love in a Coral Gables motor vehicle crash, you undoubtedly have lots of questions and will want to explore your legal options. The sooner you talk with a Miami-Dade personal injury lawyer the better.

Coral Gables Teen Was Drinking at Fontainebleau Club Hours Before Fatal Crash: Lawyer, NBC Miami, October 5, 2011

University of Miami student charged with DUI manslaughter, Miami-Dade, October 25, 2011

More Blog Posts:
Driver Charged in Boca Raton Motorcycle Accident Death, Florida Injury Attorney Blog, October 27, 2011

Drunk Driving May Have Been a Factor in Palm Beach Garden Car Crash That Killed One Teen & Sent Four People to the Hospital, Florida Injury Attorney Blog, September 30, 2011

Jury Awards $2.25M Palm Beach County Wrongful Death Verdict in Fatal 2008 Boynton Beach Car Accident, Florida Injury Attorney Blog, March 16, 2011