The Eggshell Plaintiff Rule is critically important to a Personal Injury Accident Victim who suffers from a Preexisting Condition or Injury that is made worse or aggravated by an Accident.

The Eggshell Plaintiff Rule makes it clear that a Defendant is liable for the full extent of the harm caused by an accident, even if the harm is greater than could have been expected.

It’s like knocking Humpty Dumpty off of the wall. Whoever did it is fully responsible if Humpty can’t be put back together again.

Common real life examples of the Eggshell Plaintiff Rule often involve people with preexisting Spine Injuries. Spines are fragile and when injured are highly susceptible to aggravation or worsening by trauma. So, when someone with a Neck or Back Injury is hurt in a car collision, even a seemingly minor impact, the consequences can be devastating.

Pennsylvania Law recognizes that not only new injuries deserve fair compensation but also the aggravation or worsening of an old injury. The law also recognizes that the Defendant should be held fully responsible for all of the consequences of the aggravation (Medical Bills, Lost Income, Disability and Pain) without any discount to account for the fact that the victim was more susceptible than a “healthy” person.

So, if you’re injured in an accident, know your rights and don’t feel guilty about enforcing them. The law, including The Eggshell Plaintiff Rule, exists to protect you and to hold wrongdoers fully accountable for their carelessness.

Tim Rayne – MacElree Harvey – trayne@macelree.com 610-840-0124 TimRayneLaw.com

It’s the Fourth of July. Time for fun and fireworks. However, it’s important to think about safety so that the Holiday doesn’t get ruined by injury.

Sadly, every Fourth thousands of people needlessly suffer serious injuries from fireworks accidents.

Common injuries include burns and serious eye and hand injuries. Alarmingly, over one third of the injuries are to children.

Here are some common sense Tips to keep your Holiday Fireworks fun and SAFE!

Fireworks Safety Tips

• Choose Legal and Consumer Grade Fireworks and Buy from a Reputable Dealer
• Designate a Fireworks Safety Zone away from Buildings, Vehicles and Flammable materials including dry grass
• Keep spectators at a safe distance and establish boundaries for them
• Never allow children near fireworks
• Keep Water and Fire Safety Equipment Nearby
• Fireworks and Alcohol Don’t Mix
• Keep Pets inside

Be safe and enjoy the Holiday!

Tim Rayne – Personal Injury Lawyer – MacElree Harvey – 610-840-0124 trayne@macelree.com TimRayneLaw.com

The implosion of the Titan Submersible while exploring the wreck of the Titanic was a shocking tragedy that took the lives of five people.

Since the incident occurred, damning reports have surfaced about the owners of OceanGate being warned that the sub was defectively designed and dangerous and yet they chose to ignore the warnings and continue to offer expensive tours. OceanGate required its customers to sign Liability Waivers, but will those Waivers hold up in Court and protect OceanGate from being held accountable?

My prediction is NO.

Liability Waivers are commonly used in all sorts of recreational activities. Waivers can be effective and bar legal claims if they are explicit about the dangers involved and what claims are being released and are not “against Public Policy.” Courts in most states uphold Waivers and allow them to release claims of simple Negligence (carelessness) but will not allow them to shield more blatant wrongful conduct, like Gross Negligence or Recklessness. Courts reason that parties guilty of Gross Negligence or Reckless Conduct should not be able to hide behind a Waiver but, instead should be held liable even if a customer signed a Waiver acknowledging danger and releasing legal claims.

In the case of the Titan implosion, we are hearing that the OceanGate management was warned by both employees and outside agencies and experts that the design of the Titan was dangerous and the hull could weaken over time eventually leading to water intrusion and a catastrophic implosion, which appears to be exactly what occurred. So, there is evidence that OceanGate knew of the danger and yet continued to charge exorbitant fees to passengers while putting them at grave risk.

Although it could be argued that the passengers knew of the risks and volunteered for the tour, I doubt that OceanGate fully informed them of the warnings that it received before this catastrophe.

The bottom line is that I believe Wrongful Death litigation will be filed by the victims’ families and I predict that the Liability Waivers will not shield OceanGate from accountability.

Tim Rayne is a Personal Injury Lawyer with MacElree Harvey, Ltd, a Chester County based full-service law firm. For over 25 years, Tim has been helping accident victims understand their legal rights and receive fair treatment from insurance companies. Tim can be reached at 610 840 0124 or trayne@macelree.com or you can check out his website at www.TimRayneLaw.com.

Former President Trump was hammered with a $5 Million Verdict in his Civil Rape and Defamation Trial in New York. Why? What happened?

First this was a Civil Trial, not a Criminal Trial. So, the Burden of Proof and the stakes were lower. The claim only had to be proven by a Preponderance of the Evidence (51 Percent), not Beyond a Reasonable Doubt and Trump is only losing money (if his Appeal is unsuccessful), he’s not going to Jail.

Also, the Jury did not find him Liable for Rape, only Sexual Battery and Defamation.

In my opinion, here are the factors that led to the Verdict:

• The Plaintiff’s testimony was compelling and Trump did not testify in his own defense or even appear for the Trial
• The Plaintiff presented testimony from two other Trump sexual assault “victims”
• The Plaintiff had two of her friends testify that she told them of the Trump assault shortly after it occurred
• The Access Hollywood “Hot Mic” tape was played in which Trump bragged that because he was rich and famous he could just start kissing women without permission and “could grab just them by the P$%&Y”
• In Trump’s deposition, he defended what he said on the Hot Mic by saying “fortunately or unfortunately” that’s the way it has been with rich and famous people for millions of years.

On April 19, 2023, the Pennsylvania Supreme Court decided the case of Franks v. State Farm which held that a removal of a vehicle from a multiple vehicle insurance policy in which “stacked” coverage had been previously waived, the insurance company was not required to have the insured renew the stacking waiver.

This decision is one in a series which determine when an insurance company does and does not have to have new stacking waivers signed in order to have its insured waive rights to stacked underinsured coverage on a Pennsylvania Car Insurance Policy.

The Facts of the Case

The Franks purchased car insurance with State Farm for two vehicles, a Nissan Xterra and a Ford Taurus. They signed a valid waiver form in which they waived their rights to “stack” their Underinsurance Coverage of $100,000 per person $300,000 per accident which would have multiplied the coverage by the number of vehicles insured on the policy.

Later the Franks added a new vehicle and signed a new waiver. Thereafter, the Franks removed the Taurus from the Policy but State Farm did not have another stacking waiver signed. Finally, the Franks replaced the Xterra with a Nissan Frontier but no additional stacking waiver was signed.

About a year later, Mr. Frank was driving the Frontier and was seriously injured in an accident caused by another driver’s negligence. The other driver had insufficient coverage to compensate Mr. Frank so he brought an Underinsurance claim against State Farm. As part of the claim, Mr. Frank disputed the validity of the stacking waiver and claimed the right to stack his benefits because State Farm did not have him sign a new waiver after the recent changes to his policy in dropping a vehicle and substituting a vehicle.

The Legal Controversy

The dispute in the the Frank v. State Farm case was whether or not State Farm had been required to have new waiver forms signed which the Franks made changes to their policy. Section 1738 of the Pennsylvania Motor Vehicle Responsibility Law provides that Underinsurance coverage is “stacked” unless a valid waiver form is signed.

To that end, the Pennsylvania courts have had to wrestle with the issue of what policy changes do and do not require a new waiver.

The Decision

The Supreme Court decided the Franks v. State Farm case in favor of State Farm, finding that a new stacking waiver was not required. The Court reasoned that the removal of a vehicle from the policy which did not disturb the coverage remaining on the policy did not constitute a “purchase” triggering a renewed requirement to offer or require express waiver of previously waived stacked Underinsurance coverage.

The Lesson

The issue of whether or not car insurance coverage can be stacked can be of critical importance after a car accident. Unfortunately, it is often the case that an accident causes significant injuries and damages but the person who caused it has insufficient insurance coverage to pay for the damages. In these cases, the injured party can make a claim on his/her own Underinsurance coverage to be fully compensated. Then, for multiple vehicle policies, the issue becomes whether or not there is stacked coverage which multiplies the coverage limit by the number of vehicles.

Many people take there insurance company at its word concerning whether or not stacking applies.

A wiser course of action is to have your lawyer investigate that issue to make sure that the insurance company is correct. Sometimes, the insurance company will not have valid waivers on file or has failed to get new waivers signed when certain changes were made to the policy, so it’s advisable to investigate before giving up on the possibility of stacking Underinsured coverage.

Additionally, as a Car Accident Lawyer, I strongly recommend that you check your Car Insurance Policy to make sure you have stacking. If you don’t, please contact your agent and make the change immediately to protect yourself and your family.

Tim Rayne is a Pennsylvania Car Accident and Personal Injury Lawyer who helps people injured in accidents understand their legal rights and receive fair treatment from insurance companies. You can contact Tim at 610-840-0124 or trayne@macelree.com or check out his website www.TimRayneLaw.com.