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Neil O'Donnell Attends American Association for Justice Annual Convention

Biden
From left are Michael O'Donnell, Senator Joe Biden,
Attorney Brian Corcoran, Attorney Neil O'Donnell.

July 27, 2008 -- Attorney Neil O'Donnell attended the annual convention of the American Association for Justice (AAJ) in Chicago, Illinois where Senator Joe Biden, along with Senator Hillary Clinton, Senator Barack O'Bama and Governor Bill Richardson spoke. The AAJ, formerly the Association of Trial Lawyers of America (ATLA), is the leading organization for lawyers representing plaintiffs in the United States. AAJ promotes justice and fairness for injured persons, safeguards victims' rights by defending the constitutional right to trial by jury, and strengthens the civil justice system through education and disclosure of information critical to public health and safety.

Neil T. O'Donnell Named a Top 10 Pennsylvania Super Lawyer

Wilkes-Barre, Pennsylvania, June 15, 2008-- Attorney at Law Neil T. O'Donnell has been named one of the top 10 Pennsylvania lawyers for 2008 by Super Lawyers Magazine. Each year, Super Lawyers sends a survey to thousands of attorneys across Pennsylvania who have been licensed for a minimum of 5 years. Based on the results of this survey, Super Lawyers selects the top 5% of lawyers within the state. Not only was O'Donnell named as one of PA's super lawyers, but his recognition as one of the top 10 in PA further distinguishes him among the best attorneys in the state.

As explained on www.superlawyers.com, "The objective of the Super Lawyers selection process is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource to assist attorneys and sophisticated consumers in the search for legal counsel." Lawyers nominated are done so by peers who have seen their performances first hand. The report is issued every June in Pennsylvania Super Lawyers magazine, as well as a special advertising section in Philadelphia magazine.

Catherine R. O'Donnell, associate at O'Donnell Law and wife of Neil T. O'Donnell, was also named as a Pennsylvania Super Lawyer for 2008, as well as in 2007. Attorney Neil OâDonnell has been named by Pennsylvania Super Lawyers as a top attorney in Pennsylvania each year since the rankings began in 2004.

Specializing in the needs of injured victims, O'Donnell handles cases ranging from workers compensation to wrongful death litigation. Mr. O'Donnell is a graduate of University of Pittsburgh School of Law and is a Board Certified Civil Trial Specialist and past President of the Northeastern Pennsylvania Trial Lawyers Association. He serves as a frequent lecturer on civil litigation topics, and has also been recognized by the Million Dollar Advocates Forum and the Bar Register of Pre-eminent Lawyers.

February 5, 2008 Local Law Firm aids law enforcement with "Adopt-A-Cop" program

AdoptCop
The Citizen's Voice, Wilkes-Barre, PA
Tuesday, February 5, 2008

Pennsylvania State Constable Kenny Holley recently received a new bulletproof vest, made possible by the sponsorship of the O'Donnell Law Offices, Wilkes-Barre, through the "Adopt-A-Cop" program. The program was created and is coordinated by Fallen Officers Remembered to provide new protective vests for local law enforcement officers and is made possible by donations of sponsors. To become an "Adopt-A-Cop" sponsor contact Fallen Officers Remembered at 760-9034 or faloffrem@aol.com. From left are attorney Debra Domenick, attorney Ann Farias, Constable Kenny Holley, attorney Cathy O'Donnell and attorney Neil O'Donnell.

November 11, 2007 Four area attorneys named top lawyers in Pennsylvania


The Times Leader, Wilkes-Barre, PA
November 11, 2007

Four area attorneys, William F. Anzalone, Joseph A. Quinn Jr., Neil T. O’Donnell and Patrick E. Dougherty, who are prominent members of the Wilkes-Barre Law and Library Association/the Bar Association of Luzerne County, recently were named in the top 100 lawyers of Pennsylvania for 2007 by Pennsylvania Super Lawyers. They are the only lawyers chosen this year from Luzerne County and surrounding counties that make up Northeastern Pennsylvania. From left are: Anzalone, O’Donnell, Dougherty and Quinn.

2007 Neil T O’Donnell Named To Multi-Million Dollar Advocates Forum

Contact
Neil T O’Donnell
22 East Union Street
Wilkes Barre PA 18701
Telephone:  570.821.5717

The Million Dollar Advocates Forum is pleased to announce that attorney Neil T O’Donnell of Wilkes Barre PA has been certified as a member of the Multi-Million Dollar Advocates Forum. 

Mr. O’Donnell is presently a Life Member of the Million Dollar Advocates Forum, the most prestigious group of trial lawyers in the United States.  Membership in the Million Dollar Advocates Forum is limited to attorneys who have won million and multi-million dollar verdicts, awards and settlements.  The organization was founded in 1993 and there are approximately 3000 members located throughout the country.  Less than 1% of U.S. lawyers are members. Forum membership acknowledges excellence in advocacy, and provides members with a national network of experienced colleagues for professional referral and information exchange in major cases.  Members of the Million Dollar Advocates Forum must have acted as principal counsel in at least one case in which their client has received a verdict, award or settlement in the amount of one million dollars or more.

Members of the Multi-Million Dollar Advocates Forum must be Life Members of the Million Dollar Advocates Forum and must have acted as principal counsel in at least one case which has resulted in a multi-million dollar verdict, award or settlement.  Mr. O’Donnell is a member of both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum.

Mr. O’Donnell is a graduate of University of Pittsburgh School of Law and specializes in plaintiff’s personal injury, including auto, tractor trailer, products and bad faith cases.

July 30, 2007 Neil T. O'Donnell Named a 2007 Pennsylvania Super Lawyer

Wilkes-Barre, Pennsylvania, July 30, 2007 -- Attorney at Law Neil T. O’Donnell has been named one of the top 100 Pennsylvania lawyers for 2007 by Super Lawyers Magazine.  Each year, Super Lawyers sends a survey to thousands of attorneys across Pennsylvania who have been licensed for a minimum of 5 years.  Based on the results of this survey, Super Lawyers selects the top 5% of lawyers within the state. Not only was O’Donnell named as one of PA’s super lawyers, but his recognition as one of the top 100 in PA further distinguishes him among the best attorneys in the state.

As explained on www.superlawyers.com, “The objective of the Super Lawyers selection process is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource to assist attorneys and sophisticated consumers in the search for legal counsel”.  Lawyers nominated are done so by peers who have seen their performances first hand.  The report is issued every June in Pennsylvania Super Lawyers magazine, as well as a special advertising section in Philadelphia magazine.

Cathy R. O’Donnell, associate at O’Donnell Law and wife of Neil T. O’Donnell, was also named as a Pennsylvania Super Lawyer for 2007.  This is Neil T. O’Donnell’s fourth appearance in Super Lawyers magazine.

Specializing in the needs of injured victims, O’Donnell handles cases ranging from workers compensation to wrongful death litigation.

February 16, 2007 Police officer awarded $1.3 million from car accident

W-B policeman was injured in 2004 crash on Old River Road.

By DAVID WEISS dweiss@timesleader.com

“The jury was courageous and gave a true and just verdict.”
Neil T. O’Donnell Plaintiff’s attorney

WILKES-BARRE – A Luzerne County jury has awarded a city police officer and his wife more than $1.3 million for injuries the officer suffered in a 2004 collision.

Officer Brian K. Horst was on duty when he was responding to a call Jan. 21, 2004, with the emergency lights activated on his vehicle.
According to previously published reports, Horst was southbound on Old River Road behind a 1995 Dodge Neon driven by William Oram of Wilkes-Barre.

Oram pulled to the right side of the roadway and Horst attempted to pass the vehicle on the left side of the roadway, police said.
That’s when Oram “made an improper left turn” and struck Horst’s cruiser, the officer’s attorney, Neil T. O’Donnell, said.
Horst suffered neck and left arm injuries, O’Donnell said, and had to undergo surgery that involved placing a titanium plate in his neck.
He remains under the care of numerous physicians and has been unsuccessful in several attempts to return to work, O’Donnell said.
Horst, a 17-year veteran of the force at the time of the wreck, and his wife, Joann, the parents of seven children, filed suit against Oram. Oram died later last year.

The suit made it to trial last week before Court of Common Pleas Judge Mark Ciavarella.
Oram was insured by Nationwide Insurance Co. and his estate was defended by Cardoni and Associates.
The jury rendered its verdict late Friday afternoon, finding Oram negligent in causing the wreck and Horst’s injuries.

The jury awarded the following damages to Horst:

• $185,000 for physical pain and suffering
• $57,000 for past medical expenses
• $100,000 for future medical expenses
• $109,000 for past wage losses
• $750,000 for future impairment of earning capacity

The jury also awarded Joann Horst $100,000 for loss of consortium.

“The jury was courageous and gave a true and just verdict,” O’Donnell said. “The collision caused severe harm and losses to the Horst family, and the jury did the right thing in this case.”

A message left with Cardoni was not returned Monday.

October 30, 2006 Citizens’ Voice – Blind Association honor’s O’Donnell family


The Citizens' Voice, Wilkes-Barre, PA.
Monday, October 30, 2006

The O'Donnell family was honored recently for their support of the Association for the Blind's prevention, education and outreach programs. Each year the association vision screens nearly 6,000 preschoolers resulting in the identification of approximately 300 children being in need of further eye care services. Along with the screening, the children are also educated on the vital message of eye health and safety awareness. The prevention program supports education and outreach along with free screenings for adults and seniors. Members of the O'Donnell family, who were honored, were, from the left: Kevin O'Donnell, Dr. Thomas F. O'Donnell Jr., Brian O'Donnell, O.D.; Thomas F. O'Donnell, III, and Attorney Neil T. O'Donnell.

May 2006 Philadelphia Magazine – Pennsylvania Super Lawyers 2006

(Wilkes-Barre, PA) - Neil T. O'Donnell of O'Donnell Law Offices was recently named a Pennsylvania Super Lawyer for 2006.  Recognition as a Super Lawyer is a coveted honor bestowed on just 5% of lawyers in Pennsylvania. He was recognized in the General Plaintiff Personal Injury category and was included in the June 2006 issues of Philadelphia magazine and Pennsylvania Super Lawyers along with other prominent lawyers practicing throughout Pennsylvania.

"I was very pleased to learn that I had been selected as a Pennsylvania Super Lawyer," O'Donnell explained. "I am proud to be considered in the top 5% of lawyers in Pennsylvania, and to know that others recognize the dedication, the expertise and personalized attention I give to each of my clients."

O'Donnell is a board certified civil trial specialist, and is listed in the Martindale Hubbell Bar Register of Preeminent Lawyers. A member of the Million Dollar Advocates Forum, he is also a past president of the Northeastern Pennsylvania Trial Lawyers. Prior to opening a private practice in 1990, he was associated with Baskin, Flaherty, Elliot & Mannino in Philadelphia. He is also a frequent lecturer on civil litigation topics.

O'Donnell is a member of the Luzerne County, Pennsylvania, American and Federal Bar Associations, the Northeastern Pennsylvania Trial Lawyers Association, Wilkes-Barre Law Library Association, Trial Lawyers for Justice, American Trial Lawyers Association, Pennsylvania Trial Lawyers Association, and Philadelphia Trial Lawyers Association. He is a summa cum laude graduate of King's College, and graduated cum laude from the University of Pittsburgh Law School.

Being named a Super Lawyer is a multi-step process including peer recommendations and independent research overseen by Law & Politics magazine. The goal of the process is to identify exceptional lawyers in more than 60 practice areas who are highly regarded by peers and who have attained high professional achievement. The list of 2006 Pennsylvania Super Lawyers is based on surveys of more than 36,000 lawyers across the state.

Started 15 years ago in Minnesota, Super Lawyers now recognizes the top attorneys in Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Louisiana, Kansas, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Jersey, New York, Northern California, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Southern California, Tennessee, Texas, Virginia, Washington, Washington, D.C. and Wisconsin.

O'Donnell Law Offices offer legal services in the areas of personal injury, product liability law, workers’ compensation law, estate planning, estate administration and social security disability. O'Donnell Law Offices was founded in 1990 and is located in the Phoenix Plaza on East Union Street in Wilkes-Barre. The firm serves clients in Luzerne, Lackawanna, Wyoming and Northampton counties. For more information, visit www.odonnell-law.com.

April 3, 2006 Members of the Wilkes-Barre Law and Library Association were admitted to argue before the U.S. Supreme Court on Washington, D.C.


Cathy O'Donnell, Congressman Paul E. Kanjorski, Neil O'Donnell

"It was very nice, indeed," said attorney Frank Nocito of the trip to the nation's capital. "It is a great accomplishment."

Attorney Joseph Cosgrove said the association had been planning the event for nearly two years.

During the ceremony, Cosgrove read each name of the 38 lawyers who were sworn in by Chief Justice John G. Roberts Jr.

"A lawyer who is in good standing in the Pennsylvania Bar Association and been practicing for at least three years can move for admission to the Supreme Court," Cosgrove said. "It allows them to file petitions and briefs and argue before the Supreme Court.

It also grants them access to the Supreme Court's library, Cosgrove said.

Following the swearing-in ceremony, a reception was held; the newly appointed lawyers to the Supreme Court had a chance to meet Associate Justice Ruth Bader Ginsburg.

"We're standing in this beautiful room with paintings of the justices and we're talking with Justice Ginsburg," Cosgrove said. "It was truly an honorary event."

After the reception with Ginsburg, most of the members took a tour of the U.S. Capitol building arranged by U.S. Rep. Paul E. Kanjorski, D-Nanticoke, Nocito said. State Sen. Charles D. Lemmond Jr., R-Dallas, was also on hand.

Admitted to argue before the U.S. Supreme Court were James John Albert, Charles J. Belles, Michael I. Butera, Paula Conahan DeJoseph, Vito Joseph DeLuca, Anthony John Michael Dixon, Joseph S. Falchek, Philip Gelso, Joseph John Glowacki, Debra Bolus Grosek, Jennifer Keating Hadley, David J. Harris, George Robert Hludzik, Richard Morris Hughes III, John M. Hurtt, Ralph J. Johnston Jr., Rodney Leach Kaiser, Samuel Kasper, Diana Kopcha Katlic, Lawrence Michael Klemow, Gerald William Langan Jr., Andrew J. Lentkowski, James L. McMonagle, Jill A. Moran, Gerald John Mullery, Frank Nocito, Joseph Miller Nocito, Catherine O'Donnell, Neil T. O'Donnell, James Michael Reinert, Matthew Eric Reinert, Jennifer Lynn Rogers, Shelia Lynn Saidman, Louis S. Sciandra, Cheryl A. Sobeski-Reedy, Ernest A. Sposto Jr.

2006 Record Verdict in Union County

LEWISBURG - A New Columbia couple recently won what is reportedly the largest personal injury award ever granted by a jury in Union County.

Gerald and Pamela Felix were awarded $725,290 in a verdict returned Jan. 20 in Union County Court. The jury awarded the couple $342,000 for impairment of earning capacity, $47,000 for pain and suffering, $10,000 for loss of ability to enjoy life, $300,000 for future medical expenses and nearly $22,000 for past medical expenses, in addition to several thousand in small amounts.

The couple sued both the driver of the truck involved in the accident and his employer.

They were in a vehicle involved in an accident with a tractor-trailer truck in January 2004. Nathan Bingaman, a driver for Ken Smith Farms, Middleburg, was making a left turn from the northbound lanes of Route 15 at the Silver Moon and turned directly in front of oncoming traffic, according to the lawsuit. The tractor-trailer blocked the center southbound lane and part of the outside lane, causing a collision with the Felix vehicle, which was traveling south.

The accident left Ms. Felix with severe injuries, according to her attorney, Neil O'Donnell, of Wilkes-Barre. She had to have a 12-inch metal plate placed in her left leg and will need to undergo further surgeries.

In addition to the award to Ms. Felix, Mr. Felix was awarded $5,000 for loss of consortium.

Judge Louise O. Knight presided over the civil trial.

2005 Philadelphia Magazine – Pennsylvania Super Lawyers 2005

Release: Immediate
Date: July 14, 2005
Contact: Catherine R. O'Donnell, Esq.
O'Donnell Law Offices
570.821.5717

Neil T. O'Donnell Named a 2005 Pennsylvania Super Lawyer

(Wilkes-Barre, PA) - Neil T. O'Donnell of O'Donnell Law Offices was recently named a Pennsylvania Super Lawyer for 2005. Recognition as a Super Lawyer is a coveted honor bestowed on just 5% of lawyers in Pennsylvania. He was recognized in the General Plaintiff Personal Injury category and was included in the June 2005 issues of Philadelphia magazine and Pennsylvania Super Lawyers along with other prominent lawyers practicing throughout Pennsylvania.

"I was very pleased to learn that I had been selected as a Pennsylvania Super Lawyer," O'Donnell explained. "I am proud to be considered in the top 5% of lawyers in Pennsylvania, and to know that others recognize the dedication, the expertise and personalized attention I give to each of my clients."

O'Donnell is a board certified civil trial specialist, and is listed in the Martindale Hubbell Bar Register of Preeminent Lawyers. A member of the Million Dollar Advocates Forum, he is also a past president of the Northeastern Pennsylvania Trial Lawyers. Prior to opening a private practice in 1990, he was associated with Baskin, Flaherty, Elliot & Mannino in Philadelphia. He is also a frequent lecturer on civil litigation topics.

O'Donnell is a member of the Luzerne County, Pennsylvania, American and Federal Bar Associations, the Northeastern Pennsylvania Trial Lawyers Association, Wilkes-Barre Law Library Association, Trial Lawyers for Justice, American Trial Lawyers Association, Pennsylvania Trial Lawyers Association, and Philadelphia Trial Lawyers Association. He is a summa cum laude graduate of King's College, and graduated cum laude from the University of Pittsburgh Law School.

Being named a Super Lawyer is a multi-step process including peer recommendations and independent research overseen by Law & Politics magazine. The goal of the process is to identify exceptional lawyers in more than 60 practice areas who are highly regarded by peers and who have attained high professional achievement. The list of 2005 Pennsylvania Super Lawyers is based on surveys of more than 36,000 lawyers across the state.

Started 15 years ago in Minnesota, Super Lawyers now recognizes the top attorneys in Connecticut, Georgia, Illinois, Indiana, Kansas, Massachusetts, Minnesota, Missouri, New Jersey, Northern California, North Carolina, Ohio, Pennsylvania, Southern California, Texas, Washington and Wisconsin.

O'Donnell Law Offices offer legal services in the areas of personal injury, product liability law, workers compensation law, estate planning, estate administration and social security disability. O'Donnell Law Offices was founded in 1990 and is located in the Phoenix Plaza on East Union Street in Wilkes-Barre. The firm serves clients in Luzerne, Lackawanna, Wyoming and Northampton counties. For more information, visit www.odonnell-law.com

2005 Philadelphia Magazine – Rising Stars 2005

Debra DomenickDebra Domenick is a 2000 graduate of the Dickinson School of Law, where she was a member of the Woolsack Honor Society and Dickinson Law Review. Debra served as Notes Editor for Dickinson Law Review, and her Comment was published in the Summer of 1999. After graduating, Debra served as Law Clerk to the Honorable Thomas I. Vanaskie, Chief Judge of the U.S. District Court for the Middle District of Pennsylvania. Upon completion of her clerkship, Debra practiced insurance defense litigation with Margolis Edelstein. Debra currently practices Plaintiffs Personal Injury and Workers' Compensation at O'Donnell Law Offices in Wilkes-Barre, PA.

Practice Areas:

  • Plaintiffs PI: General
  • Workers' Compensation

2004 Philadelphia Magazine – Pennsylvania Super Lawyers 2004

Philadelphia Magazine

Pennsylvania Super Lawyers 2004

The O'Donnell Law Office, founded in 1990, focuses on the needs of injured victims. The firm handles cases in various areas ranging from workmen's compensation through wrongful death litigation. Neil O'Donnell is a Board Certified Civil Trial Specialist and is listed in the Martindale Hubbell Bar Register of Preeminent Lawyers. Mr. O'Donnell is a member of the Million Dollar Advocates Forum. He is a Past President of the Northeastern Pennsylvania Trial Lawyers Association and serves as a frequent lecturer on civil litigation topics including Bad Faith, Pennsylvania Practice and Procedure, Expert Witness Considerations, and Automobile Litigation.

April 6, 2004 Man hurt by DUI Driver awarded $1 Million

TIMESLEADER.com

Posted on Tuesday, April 6, 2004

Man hurt by DUI driver awarded $1 million

By Davis Weiss

dweiss@leader.net

WILKES-BARRE - A jury awarded a city man more than $1 million for injuries he suffered on a collision caused by a repeat drunken driver.

The jury awarded Joseph McDonough, 28, of East Lafayette Place, $1 million on Friday for his injuries, plus an additional $100 on Monday in punitive damages, from Russell Totten of Regent Street in Wilkes-Barre.

Court papers said Totten, on March 30, 2002, had a blood alcohol content of 0.26 percent when a vehicle he was driving slammed into the rear of a vehicle which held McDonough of Hanover Township. At the time, a driver in Pennsylvania was considered legally intoxicated with a content of 0.1 percent.

After the collision, Totten left the scene and went to a bar, McDonough's attorney, Neil O'Donnell, said.

Totten was later charged with and convicted of drunken driving. It was at least the third drunken-driving conviction for Totten, who has not had a valid driver's license since 1994, O'Donnell said.

McDonough suffered herniated discs in his spine. He receives injections into his spine and is a candidate for spinal surgery, O'Donnell said.

Totten's insurance company, Safe Auto, offered McDonough $3,500 in the case.

But McDonough sued, leading to a civil jury trial that started last week before Luzerne County Court of Common Pleas Judge Michael Conahan.

In testimony, jurors heard how Totten regularly drove to four bars to drink. On March 30, 2002, he drank at least 15 "Jack and Cokes" and one beer before the collision, he testified.

But he did not stop driving because he had a high tolerance for alcohol. "I didn't feel I was that loaded," he said. "I have a high tolerance because I drink so much."

The jury Friday evening awarded the $1 million for medical expenses, pain and suffering, and future loss of earning capacity. It returned Monday to determine how much punitive damage should be awarded.

On Monday, Totten's wife testified that her husband stopped drinking before his January 2003 heart attack, and has not since worked.

Totten's attorney, John Evans, told the jurors the $1 million was plenty of money awarded in this case, and his client does not have substantial income to satisfy a large verdict.

But O'Donnell urged the jury to send a message to drivers who continue to ignore the laws and drive drunk.

"We gave all drunk drivers in Luzerne County a message, loud and clear," he told jurors. "Drink responsibly, or be responsible for your drinking."

Evans, of Philadelphia, left after the verdict and could not be reached for comment.

Totten will be personally responsible for the $100, while O'Donnell intends to heavily pursue Safe Auto for the $1 million verdict, he said.

April 11, 2000 Wrongful Death Case Jury hears closing sides

TUESDAY, APRIL 11, 2000

Wrongful death case jury hears closing sides

By Denise Allabaugh

Citizens' Voice Staff Writer

Following six days of testimony, a jury in Luzerne County Court heard closing arguments Monday to decide whether 74-year-old Judith McGuinness was negligent when her car struck a 3-year old girl on Church Street in Hazleton.

The child, Joann Torres, died following the December 16, 1997 accident. Her mother, Maruja Arce of Hazleton, filed a lawsuit against McGuinness seeking in excess of $40,000 for the "negligent infliction of emotional distress."

Attorney Neil O'Donnell, who is representing 24-year old Arce, charge Joann Torres was "snatched" from her mother's hand by McGuinness' Nissan Maxima as the child stepped onto Church Street.

O'Donnell told the jury Monday that his client was "blameless" and "faultless" and witnessed her child being hit by McGuinness' vehicle and thrown to the ground.

Arguing that McGuinness had "decreased peripheral vision" and cataracts, O'Donnell told the jury that McGuinness had the "obligation to get her eyes checked."

"Someone got killed here. Joann Torres is dead," O'Donnell said during closing arguments. "Maruja Arce suffers that loss every single day ... All that remains now is pain and despair."

O'Donnell urged the jury to send out a message to McGuinness to "stop driving at night." He charged that since the woman "gambled" with her eyesight, Arce suffered the "enormous loss" of her child.

O'Donnell also stressed to the jury that McGuinness has to be held "accountable."

Attorney Thomas Comeford, who is representing McGuinness, denied that his client caused the 1997 accident. Noting that McGuinness also was "anguished" over the accident and drove the child to the hospital, Comeford disputed that McGuinness was at fault.

Comeford said McGuinness was driving 20 to 25 miles per hour and has "perfect vision in her right eye."

"All you need is one good eye. That's all the law requires." Comeford told the jury during closing arguments. "Mrs. McGuinness was in the wrong place at the wrong time."

Comeford displayed a police report showing that McGuinness told police she was "watching the road" and that she did not see the child run out in front of her vehicle, but she only heard the impact.

McGuinness also told police that she did have her headlights on and was wearing her glasses, Comford said.

Comeford further argued that if the child did not just step onto the road, "what chance did this woman have to avoid the accident?"

According to court documents, the accident occurred at approximately 5:30 p.m. on December 16, 1997.

Arce contended she was walking with her four children and an adult cousin on the sidewalk continuous with the northbound lane of Church Street.

As the group approached Church and Fern Streets, O'Donnell contends that Arce determined there was no traffic and proceeded to walk westward to look at the lighted Christmas tree.

As the group was attempting to cross the street, O'Donnell charged that McGuinness struck Joann Torres "with such force and violence as to rip the child's hand from the mother's hand and throw her to the ground where she remained until her mother picked her up and they were then transported to the hospital."

Arce's attorney charged McGuinness was negligent and should have "slowed" or "swerved" her vehicle to avoid striking the child.

O'Donnell called the accident "tragic" Monday and urged the jury to "dispense justice."

"This woman (Acre) has suffered enough," O'Donnell said. "The defendant gambled and my client Maruja Arce lost."

Comeford, however, said McGuinness was not the woman the plaintiff's counsel has portrayed and said it was "impossible" not to see her vehicle coming.

March 25, 1997 CMC liable in fatal fall – Jury to decide damages

FINAL SCRANTON, PA The Tribune TUESDAY, MARCH 25, 1997

CMC liable in fatal fall

Jury to decide damages

By Ray Flanagan

TRIBUNE STAFF WRITER

A Lackawanna County jury on Monday found the hospital guards who chased two University of Scranton students 65 percent responsible for the death of one and the injuries of the other when they fell 75 feet from a cliff.

The jurors are scheduled to return to Judge Frank Eagen's courtroom today to hear testimony on the damages that should be awarded to Jerome Majeski Jr. of Plains Twp., who survived, and the estate of Peter Graybar, who lived in East Brunswick, N.J.

Community Medical Center and the three guards will have to pay 65 percent of the amount of the jurors decided after that testimony, which will revolve around pain, suffering and lost earnings.

The case was not clear-cut because the chase into a dark Nay Aug Park on May 9, 1991, never would have happened if the men had not been trying to steal a street sign for another student. That resulted in the jury's finding the men 35 percent responsible for what happened.

"They ran because they were doing something wrong and didn't want to get caught," attorney Michael Perry, lead defense counsel, said. The guards were just doing their jobs because there had been a rash of vandalism and car break ins at the time, he added.

Attorney William Anzalone, represented the Graybars, said there would have been no tragedy if the guards, who had no authority to chase the men, had not started the pursuit.

Perry argued that "there was no chase." He pointed that Majeski, in an interview about five weeks after the incident, did not tell police he and Graybar had been chased.

Majeski, who was badly injured, said he did not clearly recall everything until August.

"They were herding these kids like animals," retorted attorney Neil O'Donnell, Majeski's counsel, who argued the guards and the hospital tried from the beginning to cover up their role in the incident. He and Anzalone wondered whether the guards would have spoken up if Majeski had not survived.

Majeski testified that the guards were in full pursuit so he and Graybar started running out of fear. The guards said they ran into the park but turned back before they went too far.

Richard Conway, Donald Biel Jr. and James Giehl - the guards - did go too far, O'Donnell said. The street sign was still there, and there was no sign of car tampering, he said, so they should not have entered the park.

O'Donnell contended there were serious questions about the guards' account of what happened. Despite references to a report made immediately after the incident, he said, no report ever was produced.

He also said the guards met with the hospital's public-relations department before talking to police.

And the guards' subsequent reports and testimony, O'Donnell argued, indicted they had gone much deeper into the park than the stone building where they said they spotted the students.

"Who runs 200 yards into a dark park without being chased?" O'Donnell asked the jurors. "No one," he said.

The attorneys referred to the testimony of Joseph Santos, another CMC employee, who said he witnessed the incident from the hospital roof.

Santos said he saw the guards enter the park, lost sight of them in the dark and went back to his work when they did not emerge in 10 minutes.

 

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