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:6/26/2016)... (PRWEB) , ... June 26, 2016 , ... PawPaws ... a new product that was developed to enhance the health of felines. The formula ... , The two main herbs in the PawPaws Cat Kidney Support Supplement ...
(Date:6/25/2016)... ... 2016 , ... Experts from the American Institutes for Research ... June 26-28, 2016, at the Hynes Convention Center in Boston. , AIR experts ... planning, healthcare costs and patient and family engagement. , AIR researchers will be ...
(Date:6/25/2016)... ... 25, 2016 , ... "With 30 hand-drawn hand gesture animations, FCPX users can ... CEO of Pixel Film Studios. , ProHand Cartoon’s package transforms over 1,300 hand-drawn ... X . Simply select a ProHand generator and drag it above media or text ...
(Date:6/25/2016)... ... June 25, 2016 , ... Dr. Calvin ... injury. Recently, he has implemented orthobiologic procedures as a method for treating his ... of the first doctors to perform the treatment. Orthobiologics are substances that orthopaedic ...
(Date:6/24/2016)... ... June 24, 2016 , ... A recent article published June ... with. The article goes on to state that individuals are now more comfortable seeking ... common operations such as calf and cheek reduction. The Los Angeles area medical group, ...
Breaking Medicine News(10 mins):
(Date:6/23/2016)... June 23, 2016 Roche (SIX: RO, ROG; ... for its Elecsys BRAHMS PCT (procalcitonin) assay as a ... septic shock. With this clearance, Roche is the first ... integrated solution for sepsis risk assessment and management. ... infection and PCT levels in blood can aid clinicians ...
(Date:6/23/2016)... MOUNTAIN VIEW, Calif. , June 23, 2016 ... 9:00 a.m. CST on Thursday, July 7, 2016 , , ... kayla.belcher@frost.com ) , , , , EXPERT PANELISTS:  ... Sciences, Nitin Naik; Senior Industry Analyst, Christi Bird; Senior Industry Analyst, ... The global pharmaceutical industry is witnessing ...
(Date:6/23/2016)... , June 23, 2016 The vast ... an outpatient dialysis facility.  Treatments are usually 3 times ... hours per visit, including travel time, equipment preparation and ... patient, but especially grueling for patients who are elderly ... a skilled nursing and rehabilitation centers for some duration ...
Breaking Medicine Technology: