Comedian Tracy Morgan’s collision with a Walmart tractor- trailer, killing one passenger and injuring four in a six car chain reaction crash, on the New Jersey Turnpike in Cranbury, N.J, at one AM June 7, 2014 underscores the necessity for effective truck driving regulation and personal injury representation for catastrophic accidents.
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Recently, the Supreme Court of Pennsylvania allowed the Superior Court decision in Pisano v. Extendicare Homes to stand, which maintained that a person residing at a nursing home may sign a binding arbitration agreement to keep claims on his behalf out of the court system but still allowed the deceased’s family a right to a trial through its Wrongful Death Action.
In Pisano v. Extendicare Homes, Vincent Pisano allegedly died as a result of the care or lack of care he received at the nursing home he was staying in. When Vincent first arrived to the nursing home, his daughter, legally acting on his behalf, more or less signed a contract agreeing that all legal matters arising from Vincent’s stay would be confined to arbitration and not a trial.
Black’s Law Dictionary defines ARBITRATION as “the investigation and determination of a matter or matters of difference between contending parties, by one or more unofficial persons, chosen by the parties, and called “arbitrators,” or “referees.”
In most cases, an action premised on torts or accidents is based off of the negligence of another. Negligence can also be referred to simply as carelessness. To have a successful lawsuit under a negligence action, you must be able to prove four things:
The Fourth Amendment of the United States Constitution provides “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures[.]” Under what is known as a §1983 Action, persons who have been arrested, abused, or otherwise restrained by “excessive force” may be able to assert their rights under the Fourth Amendment and bring a civil lawsuit against the police and government. However, the assertion of these rights often involves daunting and complicated legal matters.
