Practice Areas

90 Years of Serving Our Neighbors in Western Pennsylvania

Our Practice Areas

Handling an Array of Personal Injury Matters

At Luxenberg Garbett Kelly & George, we dedicate our entire practice to helping individuals and families who are struggling with serious personal injuries, significant disabilities, and the tragic, wrongful death of loved ones fight for the justice they are owed.

Click the links below to learn more about our specific practice areas and how our team can help you with your personal injury case:

Though our firm is based in New Castle, our personal injury attorneys represent clients in Beaver Falls, Butler, Ellwood City, Cranberry Township, and all of Western Pennsylvania.

We truly care about our clients and strive to develop genuine, meaningful, and long-lasting relationships with the people we serve. When you trust your case to LGKG, you get a team you can trust, one that will fight for you and provide the compassionate, personalized guidance you need every step of the way.

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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.