Navigation Links
Galfand Berger Wins Important Case for Injured Workers in Pennsylvania
Date:3/1/2010

Superior Court unanimously agrees with argument from Galfand Berger's Peter Patton regarding application of OSHA regulations

Philadelphia, Penn. (Lexis Nexis) March 1, 2010 -- In an important victory for injured workers in Pennsylvania, attorney Peter Patton Philadelphia personal injury attorneys from Galfand Berger prevailed in a recent Superior Court decision, which determined that Occupational Safety and Health Administration (OSHA) regulations did not bar an injured worker's claim that the forklift -- which struck him -- was unsafely designed.

In the case, Kiak v. Crown Equipment Corp. (2010 Pa Super 13), the plaintiff suffered a serious leg injury when a forklift, coasting in reverse, struck him in a warehouse. The forklift did not beep when coasting in reverse and, without this safety feature, the plaintiff did not hear the approaching forklift truck. He suffered debilitating injuries.

The manufacturer of the forklift argued that federal Occupational Safety and Health Administration (OSHA) regulations barred or pre-empted the plaintiff's claim under state law. The trial court agreed and granted summary judgment to the manufacturer. By granting summary judgment, the trial court prevented the claim from going to trial.

However, the Superior Court of Pennsylvania, in a unanimous, en banc, opinion, agreed with Mr. Patton's argument that OSHA regulations did not bar the plaintiff's claim that the forklift was unsafely designed.

"If it had been upheld, the lower court decision in this case would have restricted the rights of workers to recover for on-the-job injuries caused by defective forklifts," explained Patton. "As a result of our ability to persuade the Superior Court to overturn the trial court, however, our injured client will now have his day in court. Across this state, our victory in this case is a win for other workers injured by equipment that is lacking needed warning devices."

Galfand Berger has been championing the rights of injured workers, consumers and individuals since 1947. Harry Galfand and Albert Gerber founded the firm more than 60 years ago with one goal: to secure full and just compensation for people who have suffered injustices and injuries. Galfand Berger remains true to that dedicated mission today, with its team of medical malpractice attorneys, workers compensation attorneys and car accident attorneys.

For more information, please visit www.galfandberger.com or call 877.228.1528.

###

Read the full story at http://www.prweb.com/releases/2010/03/prweb3655204.htm.


'/>"/>
Source: PRWeb
Copyright©2010 Vocus, Inc.
All rights reserved

Related medicine news :

1. Galfand Berger Personal Injury Lawyer Richard Jurewicz Obtains Record Recovery In Berks County
2. Three Attorneys from Philadelphia's Galfand Berger Honored as Pennsylvania Super Lawyers
3. Congrats Tim Schneberger, Fitness Together Client of The Year!
4. Senator J. Hartley and Representatives Noujaim and Berger Celebrate Kool Smiles Opening in Waterbury
5. Longaberger Offers NFL Breast Cancer Awareness Basket Set as Part of Crucial Catch Campaign
6. M. D. Anderson neurosurgeon, Amy Heimberger, M.D., receives presidential award
7. UNC Lineberger launches 44-county study of breast cancer in black women
8. Berger & Montague Announces Class Action Lawsuit Against Elan Corporation
9. Nationally Recognized Information Technology Veteran and Entrepreneur John Bamberger Joins gloStream, Inc. as Chief Channel Officer
10. Longaberger Expands Horizon of Hope Campaign to Build Support for American Cancer Societys Breast Cancer Initiatives
11. NORD Calls FDA Action An Important Advance for Patients
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:10/13/2017)... ... , ... Lori R. Somekh, founder of the Law Office of Somekh ... law and special needs planning attorneys. “Membership in ElderCounsel helps our office remain up ... network with elder law attorneys nationwide,” said Somekh. , ElderCounsel was ...
(Date:10/13/2017)... ... October 13, 2017 , ... The Visiting Nurse Association (VNA) ... a collection of specialty vendors and unique items from across the nation, this holiday-themed ... and wellness services offered by the VNA. The boutique will be open Saturday, ...
(Date:10/13/2017)... Abilene, Texas (PRWEB) , ... October 13, 2017 , ... ... publication this week that explains one of the most popular and least understood books ... seems like cryptic and puzzling descriptions that have baffled scholars for centuries. Many have ...
(Date:10/13/2017)... ... ... Journey: From the Mountains to the Mission Field”: the story of a missionary couple ... From the Mountains to the Mission Field” is the creation of published author, Carole ... and currently teaches a class of ladies at her church, which she has taught ...
(Date:10/12/2017)... ... October 12, 2017 , ... ... treating sleep apnea using cutting-edge Oventus O2Vent technology. As many as ... disorder characterized by frequent cessation in breathing. Oral appliances can offer significant relief ...
Breaking Medicine News(10 mins):
(Date:10/2/2017)... Halo Labs announces the European launch of their new ... at MIBio 2017 in Cambridge, U.K on ... in biopharmaceutical samples with unprecedented speed and sensitivity while using far ... Membrane Imaging. ... particle analysis system ...
(Date:9/28/2017)... , Sept. 28, 2017 Hill-Rom Holdings, ... 2017 earnings conference call and webcast on Friday, November ... a.m. (EDT) and ending at approximately 8:30 a.m. (CDT) ... discussing the company,s 2017 financial performance and guidance for ... opportunities, initiatives to enhance operational performance, and long-range financial ...
(Date:9/27/2017)... 2017  Commended for their devotion to personalized service, SMP ... number one in the South Florida Business Journal,s 50 Fastest-Growing ... yearly list, the national specialty pharmacy has found its niche.  ... will soon be honored by SFBJ as the 2017 Power ... Set to receive his award in October, Bardisa said of ...
Breaking Medicine Technology: