Archives for August 2016

McDonald’s Slip and Fall Case Settles

A Pennsylvania man who was injured in a slip and fall at a McDonald’s in Ardmore has apparently settled his lawsuit against owners of the franchise. According to court records, plaintiff Richard Solomon has agreed to accept $48,500 to drop his claim against Tanway Enterprises, L.P., the owner of the franchise. Solomon alleged that he was a customer in the Ardmore restaurant on July 30, 2013, when he slipped and fell, allegedly on a liquid substance on the floor in the main part of the store. His attorneys say the defendants were negligent in remedying the dangerous situation, and that Solomon’s fall was a direct result of the slippery floor.

Court officials say that it appeared that the matter had been settled in March, but that the defendant had refused to send a settlement agreement or make any payments on the agreed-upon settlement until Solomon provided them with a no-pay or final demand letter from Medicare. Solomon’s attorney, Alexander Kroupa, informed defendants by e-mail that Solomon was not eligible for Medicare, but defendants still refused to honor the terms of the settlement, even after Kroupa sent them Solomon’s insurance card, which indicated that he did not qualify for Medicare at the time of the settlement.

Initially, Kroupa filed a motion with the court, asking it to compel McDonald’s to comply with the terms of the settlement agreement. He sought interest and daily penalties for the defendant’s failure to comply. However, on August 15, Kroupa withdrew the motion and the court then entered an order to settle.

Contact Fritz & Bianculli

At the law office of Fritz & Bianculli, we have more than 30 years of combined experience successfully protecting the rights of personal injury victims in the greater Philadelphia area. We have recovered nearly $200 million in settlements and verdicts in cases that other law firms initially turned down.

To set up a free initial consultation, call our office at 215-458-2222 or send us an e-mail. Evening and weekend meetings can be arranged, if necessary. We will come to your home or the hospital for an appointment.

New OSHA Rules Governing Reporting and Anti-Retaliation in Workplace Safety Matters

Earlier this month, OSHA (the Occupational Safety and Health Administration) issued a ruling which will likely have a significant impact on workers and employers. The final rule mandates that employers submit certain workplace safety information electronically. It also forbids any kind of retaliation against employees who report safety concerns. DOL (Department of Labor) officials say the new ruling will help build an effective public database on work injury and illness.

The creation of a public database is a change in practice. The Occupational Safety and Health Act give the DOL authority to direct employers to maintain safety records and to provide access to those records, but such information has always been privately held. The rules that have been in effect require an employer to keep records of all injuries or illnesses, but employers need only disclose that information in an annual report to OSHA. Effective next January, when the new rule goes into effect, all data will be electronically submitted at the time of the accident or illness, or upon discovery of such. The information will immediately become available on OSHA’s website, where it can be seen by anyone.

The final rule also amends the guidelines for addressing retaliatory conduct by employers. Current law prohibits retaliatory action but also prohibits OSHA from acting unless the employee submits a complaint. Under the new rule, OSHA can take action without a complaint from an employee.

Contact Fritz & Bianculli

At the law office of Fritz & Bianculli, we have over 30 years of collective experience successfully protecting the rights of personal injury victims in the greater Philadelphia area. We have recovered nearly $200 million in settlements and verdicts in cases that other law firms initially turned down.

To set up a free initial consultation, call our office at 215-458-2222 or send us an e-mail. Evening and weekend meetings can be arranged, if necessary. We will come to your home or the hospital for an appointment.