History, Trust, and Results

90 Years of Serving Our Neighbors in Western Pennsylvania

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Fighting for Our Local Community

Since 1934

Throughout our decades in practice, we have recovered hundreds of millions of dollars in compensation on behalf of our clients. While we are proud of our legacy of success, we remain humbled by the opportunity to serve individuals and families in need. Our greatest sense of accomplishment comes from knowing that we have helped real people overcome real challenges during some of the most difficult times in their lives.

We are honored to serve honest, everyday Pennsylvanians who have suffered terrible injuries, tragic losses, and immense financial hardships through no fault of their own—and we are committed to holding negligent parties accountable for the pain and suffering they cause.

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Our Attorneys Go
the Extra Mile

Long Standing Reputation, Personalized Attention

We Do What it Takes
to Help You Win

Unique Plaintiff and Defense Experience

Our Attorneys Go
the Extra Mile

We Do What it Takes
to Help You Win

Long Standing Reputation, Personalized Attention

Unique Plaintiff and Defense Experience

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Generations of Legal Service in Western PA

We Can Handle Any Case

Over 10,000 Clients Have Trusted LGKG

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What We Do

At LGKG, we devote 100% of our practice to personal injury law. This dedicated focus allows us to allocate all of our time, efforts, and resources to helping victims of serious accidents and injuries fight for the fair financial compensation they deserve. Our attorneys strive to remain at the cutting-edge of personal injury law, continuously honing their legal knowledge and skills to better serve their clients.

By fostering personal relationships with the people we serve, we are able to develop innovative, customized legal strategies tailored to each individual’s unique situation. This approach has helped us not only helped us secure favorable settlements and verdicts for our clients, but it has, just as importantly, allowed us to help our clients get back on their feet and move forward with their lives.

We Do What We Say We'll Do

And As A Result, We've Recovered Hundreds of Millions for Our Clients

We Do What We Say We'll Do

And As A Result, We've Recovered Hundreds of Millions for Our Clients

Gianna Kelly

Associate Attorney

Lauren Kelly Gielarowski

Associate Attorney

Matthew T. Mangino

Of Counsel

We’re Here to Help!

Our extensive trial experience ensures we're prepared to go to court to fight for you

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How We Help

As your legal team, we are there for you every step of the way. We understand how stressful this time is for you and your family, but we won’t let anything bad happen to you. You can rely on our firm to be a source of information, support, and guidance throughout the legal process—and beyond.

When you trust your case to LGKG, you get an entire team of experienced attorneys, paralegals, and support staff working for you. We prioritize client communication and attorney accessibility; as a client, you will have direct contact with your legal team, including the attorney who is personally involved in your case, at every turn. At Luxenberg Garbett Kelly & George, we don’t just say that we care—we show it through our actions and our commitment to securing the results our clients need to heal.

It All Starts Here

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We only work with clients and cases we truly believe in, we take your case because we genuinely believe in both you and your case’s importance.

Case Results

Helping the Injured Recover

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Having represented over 10,000 clients, we’ve brought more cases to trial than many attorneys in Western PA

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Relationships Still Matter to Us

If you or someone close to you has suffered due to someone else’s careless or intentional actions, we invite you to contact our firm to discover how we can assist you in pursuing both justice and the compensation you rightfully deserve. Many of our attorneys have received Board Certification as Civil Trial Specialists from the National Board of Trial Advocacy, demonstrating their readiness to handle cases that require litigation. Our reputation for preparing thoroughly for court often leads insurance companies to propose quicker and more equitable settlements to our clients, knowing that we are prepared to escalate the matter to trial if necessary.

We take pride in being a local firm deeply embedded in the community. Luxenberg Garbett Kelly & George has been a part of the lives of individuals, families, workers, and business owners throughout Western Pennsylvania for nearly a century. We’re not just familiar with the local area; we’re part of its fabric, which strengthens our commitment to serving its residents effectively.

Take the initial step towards healing by reaching out to us today. Let us tackle the legal details, allowing you to concentrate on your recovery.

We are here to help you face these challenging times with confidence and support. Contact us today for a free case evaluation at (724) 658-8535.

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Experienced Western Pennsylvania Personal Injury Lawyers

Accidents can occur suddenly and unexpectedly, disrupting lives and leaving individuals and their families facing both physical and emotional challenges. During such times, it’s crucial to have dependable legal assistance to help secure the rights and interests of those affected. At Luxenberg Garbett Kelly & George, our Pennsylvania personal injury lawyers are dedicated to providing clear, straightforward legal guidance and strong representation for injury victims.

If you find yourself or a loved one in such a difficult situation, remember that you do not have to face it alone. Our team is prepared to listen to your story, explain your options, and support your pursuit of fair compensation and justice.

Contact us today at (724) 658-8535 to discuss your case with one of our compassionate and knowledgeable Western Pennsylvania personal injury lawyers at Luxenberg Garbett Kelly & George. Let us help you and your family move forward from this challenging period with confidence and peace of mind.

At Luxenberg Garbett Kelly & George, our practice is exclusively dedicated to personal injury law, which means we commit all our resources, time, and efforts to assisting victims of serious accidents and injuries. Our Pennsylvania personal injury attorneys focus on continuously improving their knowledge and skills in personal injury law, ensuring they are always equipped to provide top-tier legal representation.

Our strategy involves building personal relationships with our clients, enabling us to craft innovative and tailored legal strategies that suit each client’s unique circumstances. This client-centered approach has not only led to favorable settlements and verdicts but has also played a crucial role in helping our clients recover and move forward with their lives.

We understand the immense pressure and stress you and your family may be experiencing during this time. As your legal representatives, we ensure you are protected and supported throughout the entire legal process and beyond. You can count on LGKG for reliable information, ongoing support, and expert guidance at every step.

Choosing LGKG means having a dedicated team of experienced attorneys, paralegals, and support staff all working towards your best interest. We prioritize open communication and make sure you have direct access to your legal team, including personal involvement from your attorney. At Luxenberg Garbett Kelly & George, we demonstrate our care and commitment not just in words, but through decisive actions and a steadfast dedication to achieving the outcomes necessary for your healing and well-being.

Rooted in Western Pennsylvania Since 1933

At Luxenberg Garbett Kelly & George, our commitment to our clients runs deep. Since 1933, we have dedicated ourselves to supporting the injured and families who have lost loved ones due to accidents in New Castle, Pittsburgh, Beaver Falls, Butler, Ellwood City, Cranberry Township, and throughout Western Pennsylvania. Our long history in these communities has helped us build a trust that we take very seriously.

Our approach to legal practice is centered around creating real, lasting relationships with our clients. We make it a priority to spend time with each client, ensuring we fully understand their personal stories, immediate needs, and long-term goals. This understanding allows us to better advocate for their interests and address their concerns effectively.

Schedule a consultation today at (724) 658-8535 to learn more about how we can assist you in seeking the justice and compensation you deserve.

For decades, our law firm has successfully secured hundreds of millions of dollars in compensation for our clients, reflecting our longstanding commitment to justice and client success. While we are proud of our legacy of success, we remain humbled by the opportunity to serve individuals and families in need. Our greatest sense of accomplishment comes from knowing that we have helped real people overcome real challenges during some of the most difficult times in their lives. We are honored to serve honest, everyday Pennsylvanians who have suffered terrible injuries, tragic losses, and immense financial hardships through no fault of their own—and we are committed to holding negligent parties accountable for the pain and suffering they cause. 

We Do What it Takes to Help You Win

Our top-rated team of Western PA personal injury lawyers at Luxenberg Garbett Kelly & George is thoroughly prepared to handle every phase of your personal injury claim. We take charge of gathering evidence, negotiating with insurance companies, and advancing to litigation if required. We prepare each case with the utmost attention to detail, always ready to present it at trial. Our meticulous preparation for each case means we are always trial-ready, which not only reinforces our position in settlement negotiations but also prepares us to advocate forcefully in court if necessary.

Types of Cases We Handle

Many injury victims wait too long to get legal help. They think that their injuries are not serious enough or that the accident was their fault. The mission of our Pennsylvania personal injury lawyers is to maximize our clients’ compensation when another party is liable for an injury or death. Luxenberg Garbett Kelly & George, P.C., strives for a full and fair settlement, but we thoroughly prepare every case for the possibility of a trial.

  • Car accidents — The myth is that any lawyer can handle your automobile accident case and obtain full compensation for their client. We know what to look for in the investigation to hold negligent parties responsible in all types of vehicle accident cases.
  • Truck accidents — Any accident involving a truck can be devastating for other drivers. Our firm stands up for the rights of injured motorists and works to determine the root cause of the trucking accident.
  • Motorcycle accidents — We represent injured motorcycle riders, who are typically more severely injured due to the lack of protection that a motorcycle offers versus a car or another vehicle.
  • Drunk driving accidents — Our firm is aggressive in its pursuit of justice on behalf of drivers and passengers who have been involved in accidents caused by people who were drinking and got behind the wheel.
  • Slip and falls — We have obtained verdicts against property owners who knew or should have known of the dangerous conditions presented to our clients.
  • Workers’ compensation — If you are injured on a job, we work to obtain benefits on your behalf. If you are currently receiving benefits, we will monitor your case at no charge. We will only be entitled to a fee if the insurance company attempts to stop your benefits or your case is settled.
  • Wrongful death — We pursue economic damages and compensation for personal loss when negligence turns fatal.
  • Medical malpractice – We advocate for patients harmed by medical professionals’ negligence or failure to meet standard care requirements. If you or a loved one has suffered due to a medical error, misdiagnosis, or substandard treatment, we can assist in securing the compensation you deserve for your physical, emotional, and financial damages.

We have built our practice on solid legal knowledge coupled with a genuine understanding of the hardships that our clients endure. We possess a deep familiarity with Pennsylvania’s personal injury laws, covering important areas such as statutes of limitations, comparative negligence, and the types of compensation you may be eligible to receive. Our commitment is to offer clear, practical advice so that you fully comprehend your rights and the potential outcomes of your case. With our proactive approach to communication, you will be continuously updated on the progress of your case and the strategies we are implementing to advocate for your interests.

Contact us today at (724) 658-8535 to speak with one of our top-rated attorneys and get a free case evaluation.

In Western Pennsylvania, car accidents can result in significant physical, emotional, and financial distress for those involved. According to the Pennsylvania Department of Transportation, 48% of car crashes in 2023 resulted in either injuries or fatalities. Compared to property damage-only crashes, these injuries and fatalities cost billions of dollars in losses, not to mention the emotional and psychological impact of these accidents. The DoT estimates a comprehensive loss of $2,390 for each Pennsylvania resident, highlighting the scale of the effects the aftermath of a car accident can have. 

Our team at LGKG is equipped to handle car accident claims with thoroughness and a commitment to obtaining just compensation for our clients. We understand the Pennsylvania motor vehicle accident laws and utilize this knowledge to advocate for the rights of accident victims effectively.

Common Causes of Car Accidents in Pennsylvania

In Western Pennsylvania, car accidents are commonly caused by a variety of factors that affect drivers, roads, and vehicles.

Some of the most frequent causes include:

  • Distracted Driving: This is one of the leading causes of car accidents, not just in Western Pennsylvania but nationwide. Distractions can come from mobile phone use, adjusting the radio, eating, or any other activity that diverts the driver’s attention from the road.
  • Speeding: Exceeding speed limits or driving too fast for conditions is another critical factor that often leads to accidents. Speeding reduces the driver’s ability to steer safely around curves or objects in the roadway, extends the distance necessary to stop a vehicle, and increases the distance a vehicle travels while the driver reacts to a situation.
  • Drunk Driving: Driving under the influence of alcohol or drugs significantly impairs decision-making abilities and reaction times, and it remains a major cause of accidents.
  • Weather Conditions: Severe weather conditions such as snow, ice, rain, and fog can make roads treacherous in Western Pennsylvania. Slippery roads and reduced visibility contribute to higher accident rates during adverse weather conditions.
  • Poor Road Conditions: Potholes, uneven road surfaces, lack of proper signage, and inadequate road lighting are infrastructure issues that can lead to car accidents.

When accidents occur due to these factors, individuals affected may face not only physical injuries but also significant financial and emotional burdens. If you or a loved one has been involved in a car accident in Western Pennsylvania, it is crucial to consult with a knowledgeable personal injury lawyer who can help you understand your rights and pursue fair compensation for your losses. 

Compensation You Can Expect for Auto Accident Injuries

Compensation for auto accident injuries in Pennsylvania can cover medical expenses, lost wages, pain and suffering, and sometimes punitive damages, depending on the severity and circumstances of the accident. Pennsylvania’s choice of no-fault car insurance system and the option to choose between limited and full tort coverage can significantly influence the compensation process. Our team works diligently to evaluate all aspects of your case, aiming to secure the maximum compensation that reflects the true extent of your losses and injuries. 

How We Negotiate with Insurance Companies

At Luxenberg Garbett Kelly & George, our Pennsylvania personal injury lawyers bring a wealth of experience in dealing with insurance companies, making sure that our clients are treated fairly and receive the compensation they deserve. We are well-acquainted with the strategies that insurance companies often employ to reduce payouts, and we are ready to effectively counter these tactics to safeguard your interests.

Our approach in handling these negotiations is both assertive and strategic, focusing on the accumulation of strong evidence to support your case. This methodical preparation ensures that we represent your needs effectively, aiming for the best possible outcome in each negotiation. If you’re dealing with the aftermath of an accident and facing the prospect of negotiating with insurers, having a committed team like Luxenberg Garbett Kelly & George on your side can make a significant difference in the resolution of your claim.

Call us today at (724) 658-8535 for a free case evaluation.

Medical malpractice claims are particularly challenging for those unfamiliar with the legal nuances of medical procedures and the standards of care expected within the medical community. At Luxenberg Garbett Kelly & George, we understand the challenges that come with medical malpractice claims due to the intricacies of medical procedures and expected standards of care within the healthcare community. 

Clarifying Medical Malpractice 

Medical malpractice occurs when a healthcare professional deviates from the standard of care in their practice, resulting in harm to a patient. In Pennsylvania, proving a medical malpractice case involves demonstrating that the healthcare provider’s actions were negligent and directly caused injury. The standard of care is defined as what a reasonably skilled medical professional, in a similar medical community, would have done under the same or similar circumstances.

Medical malpractice can appear in various forms, such as surgical errors, incorrect or delayed diagnoses, improper treatments, or failure to get consent from a patient. Each type signifies a breach of the accepted standard of care. Understanding these examples can help potential clients identify if they have experienced similar negligence.

Proving Negligence in Medical Malpractice

To prove negligence in a medical malpractice case in Pennsylvania, the plaintiff needs to present evidence showing that the healthcare provider deviated from accepted medical practices. This usually involves bringing in medical experts who can discuss the standards and demonstrate how they were not followed in a particular instance. Documenting the patient’s condition both before and after the incident is also vital in supporting the case.

How to Initiate a Medical Malpractice Claim

The process of initiating a medical malpractice claim involves several key steps, starting with a detailed review of medical records and all pertinent documents. In Pennsylvania, a claim must generally be filed within two years of the date when the harm occurred or when the patient discovered or should have discovered the harm. The first legal step is often filing a certificate of merit from a qualified medical expert, stating that the medical care did not meet accepted standards. This certificate is crucial as it substantiates the malpractice allegations and is necessary to proceed with the lawsuit.

Luxenberg Garbett Kelly & George is well-prepared to offer extensive legal support in medical malpractice cases to our clients. We aim for resolutions that not only provide financial relief but also help bring closure to those harmed by medical negligence. Our attorneys are knowledgeable regarding the legal strategies insurance companies or medical providers employ and can equip you with the crucial guidance necessary to make informed decisions.

To learn more, call us today at (724) 658-8535 for a free case evaluation.

When workers in Western Pennsylvania, are injured on the job, they often face the challenge of securing workers’ compensation benefits. This type of insurance provides medical care and financial compensation for those who cannot work due to a workplace injury. The team at Luxenberg Garbett Kelly & George is experienced in handling these cases, guiding injured workers through the legal steps required to obtain the benefits they need.

Eligibility for Workers’ Compensation in Pennsylvania

In Pennsylvania, nearly all employees are entitled to workers’ compensation if they are injured while performing their job duties. This includes full-time, part-time, seasonal, and even some freelance workers. The key criterion for eligibility is that the injury must have occurred during the course of employment, regardless of fault. Understanding these eligibility requirements is crucial for ensuring that injured workers apply correctly and promptly.

Types of Workplace Injuries Covered

Pennsylvania law covers a wide range of injuries and illnesses that can occur in the workplace, from sudden accidents to injuries developed over time due to repetitive activities. Common claims include slip and fall accidents, machinery accidents, and health issues caused by exposure to hazardous materials. It is important that employees understand what types of injuries are covered under workers’ compensation to effectively advocate for their rights.

How We Assist with Workers’ Compensation Disputes

At Luxenberg Garbett Kelly & George, our Western PA personal injury lawyers assist clients who encounter disputes during their workers’ compensation claims. Disputes can arise regarding the severity of the injury, the amount of benefits due, or even the denial of claims. Our lawyers are prepared to represent workers in hearings and appeals, advocating for their right to fair compensation. We aim to resolve disputes efficiently, helping our clients to receive the benefits to which they are entitled without undue delay.

Workers’ compensation cases require a clear understanding of the law, a timely response, and effective legal representation. Luxenberg Garbett Kelly & George provides experienced guidance to ensure injured workers in Western Pennsylvania receive the support they need to recover and return to work. Speak with one of our attorneys today.

Contact (724) 658-8535 for a free consultation.

Wrongful death litigation addresses situations where an individual’s death results from the negligence or misconduct of another party. In Pennsylvania, the legal framework is designed to provide compensation to the survivors or the estate of the deceased, helping to alleviate the financial burdens associated with their loss. Luxenberg Garbett Kelly & George is committed to supporting families during these harrowing times by providing compassionate legal representation.

What Qualifies as a Wrongful Death?

In Pennsylvania, wrongful death is defined as a death that occurs due to the wrongful act, neglect, or unlawful violence or negligence of another. This can include deaths resulting from car accidents, medical malpractice, occupational hazards, and criminal acts. The right to file a claim is typically reserved for the personal representatives of the deceased’s estate, who then distribute any damages recovered to eligible beneficiaries, such as the spouse, children, or parents of the deceased.

Types of Damages Awarded in Wrongful Death Cases

Damages in wrongful death cases are intended to compensate the estate and surviving family members for the losses they have sustained due to their loved one’s death. These can include medical and funeral expenses, lost wages and benefits (including what the deceased would have earned in the future), loss of companionship, and emotional distress. In some cases, punitive damages may also be awarded if the defendant’s actions were particularly egregious.

How to Handle the Loss of a Loved One Legally and Financially

Dealing with the loss of a loved one is an immensely challenging experience that encompasses both emotional and practical repercussions. Legally, it is vital to address estate matters, such as the execution of the will and the management of the deceased’s assets. Financially, pursuing a wrongful death claim can provide necessary support to cover immediate and long-term financial needs. Through each step of a wrongful death claim, Luxenberg Garbett Kelly & George stands by to assist families in Western Pennsylvania with dedicated legal guidance, helping them to achieve a measure of justice and financial security during a difficult time.

Call us today at (724) 658-8535 for compassionate legal assistance and tailored representation.

Dog bites can lead to significant physical and emotional injuries, profoundly affecting a person’s well-being and daily life. The wounds inflicted by such incidents can range from superficial scratches to severe trauma requiring extensive medical treatment. Furthermore, the psychological impact of a dog attack can linger, often manifesting as a lasting fear of dogs or anxiety in similar environments where the attack occurred.

Liability Laws for Dog Bites in Pennsylvania

Pennsylvania’s dog bite laws stipulate that the owner of the dog can be held liable for all damages when a person is severely injured or an attack is unprovoked. In cases where the injury is not severe, the owner may still be responsible for covering medical costs. The state operates under a combination of a strict liability rule and a “one bite” rule which allows the owner to be held accountable regardless of the dog’s previous behavior, particularly in cases of severe injury.

Determining Compensation for Dog Bite Victims

Compensation for dog bite victims in Pennsylvania can include medical expenses, lost wages, pain and suffering, and emotional distress. The severity of the injury and the circumstances of the attack play critical roles in determining the level of compensation. For example, more severe or disfiguring injuries may result in higher compensation due to the long-term effects on the victim’s quality of life and potential future medical treatments.

Building a Strong Dog Bite Injury Case

To build a strong dog bite injury case, it is crucial to gather comprehensive evidence immediately after the incident. This includes medical records detailing the injuries, photographs of the injuries and the location where the incident occurred, witness statements, and a report filed with local authorities or animal control. Luxenberg Garbett Kelly & George assists clients by collecting and presenting this evidence effectively to support the victim’s claim. We also work with medical professionals to assess the full impact of the injuries, ensuring that all potential future complications are considered in the compensation claim.

Luxenberg Garbett Kelly & George remain committed to supporting dog bite victims in Pennsylvania through thorough legal representation, aiming to achieve just compensation for their injuries and suffering. Our approach combines our legal knowledge of Pennsylvania’s personal injury laws with a compassionate understanding of the trauma that victims endure. Contact us today to speak with one of our knowledgeable attorneys.

Table of Contents

Verdict

Arterial Injury To Minor Child

The plaintiff, a minor child, was in the neonatal intensive care unit of the defendant/hospital. A radial arterial line was placed to measure blood pressure and to have access to arterial blood for lab analysis. When the hand showed signs of circulatory compromise, the arterial line was not removed. After the line was eventually discontinued, the fingers turned black and self-amputated. The plaintiff’s experts contended that the failure to remove the line at the first sign of circulatory compromise was a deviation of the standard of care.

The jury found in favor of the plaintiffs. The verdict with delay damages was seven figures.

Settlement

Birth Injury To Child

The plaintiff, a minor child, was diagnosed with periventricular leukomalacia and spasticity following his birth. Prior to his birth, there was evidence of intrauterine growth restrictions, which necessitated the need of biophysical profiles, twice weekly nonstress testing and serial scans to monitor fetal growth. On the day of his birth, there was evidence that the fetus was suffering from fetal distress, which necessitated an urgent cesarean section. During the admission, fetal heart tracings provided objective evidence that the fetus was in distress and the failure to follow the standard of care by the doctors and nursing staff was a substantial factor in causing the child’s injury and harm.

Following five days of trial, the case was settled for seven figures.

Verdict

Largest Verdict in Lawrence County's History Against A State Agency

Oct. 14, 2005, a Lawrence County jury returned a verdict of $1.5 million on behalf of a Lawrence County man who was injured as a result of a hazardous condition on a PennDOT highway. According to the Lawrence County Prothonotary, the jury award was the highest in the history of the county at that time. It still remains the highest verdict against a state agency.

On Sept. 16, 2000, the plaintiff was operating his vehicle in a westerly direction on SR 2028 when he saw a dog in his lane of traffic. After steering his vehicle to avoid the dog, the passenger side tires dropped off the paved portion of the roadway onto the berm. When he attempted to steer his vehicle left back onto the paved surface, it was unresponsive. As a result, the vehicle struck an embankment and rolled over several times.

The law firm of Luxenberg Garbett Kelly & George, P.C., hired an expert witness who was an employee of PennDOT for 32 years. The expert testified that the PennDOT Maintenance Manual stated that any berm drop-off in excess of 2 inches is a hazardous condition. The expert testified that upon inspection of the roadway in question, the berm drop-off ranged anywhere from 2 to 7 inches and that such a berm drop-off substantially affected the plaintiff’s ability to steer his vehicle safely back onto the roadway.

The law firm of Luxenberg Garbett Kelly & George, P.C., hired a vocational expert who offered testimony regarding the plaintiff’s loss of past and future wages and loss of earning capacity.

The law firm of Luxenberg Garbett Kelly & George, P.C., offered the testimony of a physician who specializes in physical medicine and rehabilitation. The physician offered testimony regarding the plaintiff’s limitations as a result of this accident.

The jury deliberated for approximately two hours, 15 minutes before returning a verdict in the amount of $1.5 million.

Settlement

Commercial Airline Crash

The law firm of Luxenberg Garbett Kelly & George, P.C., represented the wife and two children of a passenger involved in a commercial airline crash. Discovery in the case proceeded for more than four years. Several depositions were taken of the relevant parties. The law firm of Luxenberg Garbett Kelly & George, P.C., hired economists to project and evaluate the loss to the family of the decedent’s income and services that he would have rendered to his family had he lived to his normal life expectancy. Former co-employees were interviewed and deposed for the purpose of establishing the decedent’s future advancement with the company.

After extensive discovery and investigation, an eight-figure settlement was obtained on behalf of the wife and children.

Settlement

Defective Design And Signing Of Intersection

The plaintiff was a passenger in a vehicle driven by his wife. Unfortunately, as she came around a bend on a rural road for the first time, the wife did not see a posted stop sign. As a result, she did not stop at the stop sign and struck a vehicle that was crossing the intersection. Suit was filed by the law firm of Luxenberg Garbett Kelly & George, P.C., against the commonwealth of Pennsylvania, Department of Transportation alleging defective design and signing of the intersection. The law firm of Luxenberg Garbett Kelly & George, P.C., alleged that the driver of the vehicle was not given proper notice of the fact that a stop sign was situated ahead on the roadway. Furthermore, the law firm of Luxenberg Garbett Kelly & George, P.C., alleged that not only was there insufficient signing, but PennDOT actually used the wrong signs in notifying drivers of the upcoming intersection.

Luxenberg Garbett Kelly & George, P.C., alleged that had proper signing been used at the intersection, the accident would not have occurred. Luxenberg Garbett Kelly & George, P.C., hired a road design expert as well as an accident reconstruction expert to set forth proper design of the intersection and to outline how the proper design would have avoided the accident. After extensive discovery, which included depositions and field inspections, the case resulted in a six-figure settlement in favor of the plaintiff.

Settlement

Rape of A Nursing Home Resident

The plaintiff, a 78-year-old woman, was a resident of a nursing home. The defendant/nursing home was charged with the responsibility of supervising the nursing home and providing a safe environment for residents who live thereon. The defendant/perpetrator was a relative of another nursing home resident. The plaintiff was noted in the records to be at risk for wandering and elopement. The nursing home records indicated that prior to the date of the rape, the plaintiff had eloped from the premises on several occasions. The perpetrator was a visitor at the nursing home.

Several days prior to the incident, the perpetrator had to be removed from the nursing home for causing a disturbance. Furthermore, the perpetrator had a known psychiatric history. On the incident in question, the plaintiff left the nursing home to go out into the parking lot. She was abducted by the perpetrator and raped. Suit was filed against the nursing home and perpetrator alleging that the nursing home failed to observe and monitor guests at the nursing home; failure to properly provide security for its residents; and failure to act upon the plaintiff’s prior wandering and/or leaving the premises. It was also alleged that the nursing home violated various sections of Title 28 applicable to nursing home facilities as well as the United States Code and Code of Federal Regulations. The law firm of Luxenberg Garbett Kelly & George, P.C., hired a forensic nurse and nursing home administrator to support the plaintiff’s allegations of negligence. The case resolved by way of a six-figure settlement.

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