CIVIL VERDICTS - PREMISES LIABILITY * Estate of Joan DeMarco v. The Marquis - Decedent business tenant of apartment/office complex owner murdered by former employee of defendant in violent assault during office burglary. Plaintiff's estate alleged negligent security theory of liability against defendant. Settlement negotiated with responsible insurance company in excess of One Million Two Hundred Thousand ($1,200,000.00) Dollars prior to trial. * Khaled Bakar v. Home Properties, Inc. - Plaintiff was standing on third floor balcony of friend's apartment owned by defendant, when the floor suddenly collapsed causing plaintiff to fall to ground. Plaintiff sustained fractured ribs, non-displaced tibia fracture and herniated disc, which was treated with physical therapy and multiple epidural injections. Montgomery County jury returned a verdict in the amount of Seven Hundred and Sixty Nine Thousand ($769,000.00) Dollars. Plaintiff filed Motion for Delay Damages which was granted and case was settled for Nine Hundred Thousand ($900,000.00) Dollars. * CIVIL VERDICTS - AUTOMOBILE ACCIDENTS * Riccardo v. Kim - Plaintiff sustained fractured cervical vertebrae at C5-6 level which required two surgeries and metal screws, arising from a two vehicle automobile accident. Out-of-court settlement negotiated with responsible insurance carriers in amount of Four Hundred Thousand ($400,000.00) Dollars prior to trial. * Estate of Robert Kane v. Joseph Falco - Decedent killed while passenger in one-car accident where intoxicated driver lost control of vehicle. Wrongful death claim settlement negotiated with responsible insurance company in the amount of Six Hundred and Sixty Thousand ($660,000.00) Dollars prior to trial. * Vinnie Moss v. Baldi Transportation/Erie Insurance Company - Plaintiff awarded Two Hundred Thirty Five Thousand ($235,000.00) Dollars by jury after trial. Defendant trucking company bankrupt and uninsured. Uninsured motorist claim settlement negotiated with plaintiff's insurance company in the amount of Two Hundred Thousand ($200,00.00) Dollars. * CIVIL VERDICTS - LIQUOR LIABILITY * Gerald & Irene Kane v. Dublin Wine and Spirits and Commonwealth of PA - Plaintiff husband and wife sustained multiple injuries in head-on collision with drunk driver. Husband-plaintiff sustained head injury resulting in brain hemorrhage and coma, with substantial recovery. Wife-plaintiff sustained broken ankle. Out-of-court settlement successfully negotiated against defendants prior to trial. Husband's claim - Two Hundred Forty Thousand ($240,000.00) Dollars. Wife's claim - Ninety Thousand ($90,000.00) Dollars. (Bucks County)* Edward Pisarek v. Adriatric Club - Plaintiff police officer assaulted while on duty by intoxicated bar patron skilled in martial arts. Plaintiff sustained permanent partial hearing loss and multiple lacerations. Non-jury trial verdict in favor of plaintiff and against defendant in amount of One Hundred Fifty Thousand ($150,000.00) Dollars. (Philadelphia County) CIVIL VERDICTS - PRODUCT LIABILITY* Keith Rosenberger v. Galoob Toys, Inc. - Plaintiff sustained temporary partial loss of vision in one eye with increased risk of future glaucoma, when struck in eye by defendants' children's toy, while plaintiff demonstrated newly purchased toy for child. Out-of-court settlement successfully negotiated against defendants in the amount of One Hundred Fifty Thousand ($150,000.00) Dollars prior to trial. (Montgomery County)* Raymond Cost v. Caterpillar, Inc. - Plaintiff sustained partial amputation of his lower leg, when his foot was crushed in an unguarded pinchpoint of rotating couplings inside engine area, while plaintiff was performing maintenance of defendant's heavy trash compactor/metal shearer. Out-of-court settlement successfully negotiated against defendant in the amount of Four Hundred Seventy Five Thousand ($475,000.00) Dollars prior to trial. (Montgomery County)

Reducing Inmate Population At Montgomery County Jail Amid the Novel Corona Virus COVID-19

Post by admin on March 31, 2020

The Montgomery County Correctional Facility has now had three correctional officers test positive for the novel corona virus COVID-19. The County reports that those officers are currently quarantined, that contact tracing is complete, and that no contacts with inmates have been identified. Fortunately, as of March 30, 2020, there have been no reports of inmates testing positive for the virus.

However, it is likely only a matter of time until an inmate in the MCCF tests positive for COVID-19. If we learned anything from the spread of this novel corona virus, it is that once one person tests positive, it is inevitable that many others will follow.

Prisons and jails present an even greater risk of widespread infection. Commentators have explained that, “prisons are epicentres  for  infectious  diseases  because  of  the  higher  background  prevalence  of  infection,  the  higher levels of risk factors for infection, the unavoidable close  contact  in  often  overcrowded,  poorly  ventilated,  and  unsanitary  facilities,  and  the  poor  access  to  health-care  services  relative  to  that  in  community  settings.” (See full article here.)

We certainly cannot expect the Montgomery County Correctional Facility, or any jail, to simply open its doors and let any and all inmates out. However, many jails in other jurisdictions have been releasing non-violent offenders and inmates who are older or who have a compromised immune system. Montgomery County has been following suit.

Our criminal defense lawyers have been successful in securing the early release of inmates who are at a higher risk of serious illness or death from the corona virus. Although the County Courts are closed to the general public, we are able to file an emergency petition for early parole or for a bail modification to secure the release of at-risk inmates, or inmates charged with less serious non-violent offenses in the appropriate circumstances.

In addition, Montgomery County has been taking measures to reduce the inmate population at the MCCF. Some these steps include the following:

  • Inmates who are presently on the work release program whose jobs are inactive are being reviewed for immediate release on house arrest (electronic monitoring)
  • Inmates serving a sentence for a non-violent offense who would otherwise be eligible for parole on or before August 31, 2020 are being considered for early release.
  • Inmates who are incarcerated due to technical violations of probation/parole (with no new charges) will likely be released.
  • The court will also be accepting fully negotiated guilty pleas, but only in cases where the sentence is for time-served and/or probation.

If you have a loved one in the Montgomery County Correctional Facility who is over the age of sixty (60), has a compromised immune system, or who is charged with a non-violent offense, contact our office now to speak with a Montgomery County criminal defense lawyer about the possibility of early release.

Filed under: Criminal Defense Law, Probation Violation, Sentencing · Tags: , , ,

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