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David E. Sternberg, Esquire
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David Sternberg, a partner at Wapner, Newman, Wigrizer, Brecher & Miller, reached a $2 million settlement for the family of an eight-year-old boy who suffered skull and facial fractures after being struck by a school bus and dragged over 100 feet.
In Sanders v. Delaware County School Bus Co., the boy was sitting on the crossbar of a bicycle while his 9-year-old cousin pedaled across a street in Philadelphia within the designated crosswalk. The school bus driver stopped at a stop sign at the intersection, and then continued driving without seeing the children. She hit them with the front bumper of the bus and continued more than 100 feet before stopping.
The driver testified at her deposition that she had taken an alternate route while taking students home from a Plymouth Meeting school on the day of the accident. She testified that while she was stopped at the intersection, she watched two men cross in front of the bus from her right to her left and then continued driving. She then noticed that the man in the car to her right was gesturing to her and she asked the aide on the bus what the man was trying to say. She then heard a noise near the left rear wheel of the bus and stopped to find the boy lying in the street.
The defense had argued that witness accounts differed as to whether the children had crossed in front of the bus at the intersection or in the middle of the street. Attorney Sternberg said the driver was unable to see the children crossing in front of her bus because the mirrors on the bus had shifted. The driver testified that she believed the mirrors had shifted because of the vibrations from the roads she drove on and had already complained multiple times to the bus' owner, Delaware County Bus Co., about her mirrors' tendency to become loose and move out of position.
Attorney Sternberg argued that the driver's negligence, "in the broadest of terms," included failure to maintain control of the bus, failure to use caution in driving the bus, failure to note the "point and position" of the children and failure to stop the bus.
The defense claims that the children's bicycle "got into a blind spot in front of the bus" and that the driver didn't realize she had hit anything until she saw other motorists gesturing to her, at which point she stopped the "old and slow moving vehicle."
The boy suffered "traumatic brain injury, multiple skull and facial fractures, right eye corneal abrasion, generalized weakness and facial wounds" and now has permanent facial and head scarring." He "remains unable to participate in the typical everyday activities of children his age since he must be careful not to injure the open wounds on his head.
Attorney Sternberg was able to reach a $2 million settlement. "I think there was some interest on the defendant's part to resolve it and I think the family wanted to resolve it, as well," he said. "I don't think there was any smoking gun situation. We were, through our expert reports, able to establish liability, which was contested."
$100,000 Settlement for Motor Vehicle Accident
David Sternberg, a partner at Wapner, Newman, Wigrizer & Brecher, settled a motor vehicle accident lawsuit, seeking only damages for pain and suffering, for $100,000. His client was injured when the car she was traveling in was struck by another vehicle inside a busy Philadelphia intersection. Liability was vigorously contested by both drivers, each claiming that they entered the intersection under a green light. The client sustained injuries to her knee, back and neck, eventually making an excellent recovery.
$150,000 Settlement for Pedestrian Hit by SUV
David Sternberg, a partner at Wapner, Newman, Wigrizer & Brecher, settled a claim for $150,000 on behalf of a pedestrian who was struck by an SUV. The pedestrian was lawfully crossing the street when she was hit by the passing car. Though she suffered multiple injuries to her shoulder, leg and back, she has since made a good recovery.
Attorney Sternberg Inducted into Louis D. Brandeis Law Society
David Sternberg, a partner at Wapner, Newman, Wigrizer & Brecher, has been inducted into the prestigious Louis D. Brandeis Law Society. The Louis D. Brandeis Law Society is a Jewish law society dedicated to advancing and enriching the personal and professional interests of its members through leadership development, social interaction, education and community service.
Attorney Sternberg Sues Temple On Behalf of Patients
David Sternberg, a partner at Wapner, Newman, Wigrizer & Brecher, has filed a lawsuit against Temple University Hospital and one of its employees on behalf of several patients who were groped and fondled during diagnostic sleep studies.
The suit alleges that Temple failed to properly screen its employees during the hiring process and failed to properly monitor the conduct of its technicians.
The lawsuit is pending in the Philadelphia Court of Common Pleas.
$1.75 Million Settlement for Pedestrians Injured in Motor Vehicle Accident
Attorney David Sternberg successfully pursued a personal injury claim on behalf of an elderly husband and wife who suffered significant injuries when they were struck by an automobile while crossing the street. The negligent driver failed to notice the couple as he erratically operated his car. Attorney Sternberg was able to obtain a $1.75 settlement for the injured couple.
$750,000 Settlement in Product Liability Action
Attorney David Sternberg successfully recovered $750,000 for a man who suffered significant crush injuries to his hand and fingers as the result of a defectively designed document shredder. The man's hand was caught in the shredder because the manufacturer failed to place the emergency stop button close enough to the shredder. In addition to his produce liability recovery, the man also collected workers' compensation benefits.
$450,000 Settlement for Slip and Fall Victim
Attorney David Sternberg settled a slip and fall case on behalf of an elderly woman who fell on a slippery coffee shop floor. After purchasing her coffee, the woman slipped in a puddle of liquid creamer and fractured her leg. The investigation confirmed that store employees routinely neglected to mop and sweep the area where the fall occurred and that they failed to take the necessary safety precautions even though they were aware of the dangerous conditions that their negligence had created. Had they taken the proper corrective steps or properly warned their customers, the injury would not have occurred. Attorney Sternberg was able to obtain $450,000 for the slip and fall victim.
$400,000 Settlement for Nursing Home Resident who Developed Bed Sores
Attorney David Sternberg obtained a $400,000 settlement on behalf of a nursing home resident who developed pressure ulcers due to improper wound care and negligent nursing treatment. Attorney Sternberg successfully proved that the treatment provided by the nursing home's employees violated federal regulations established to ensure quality care for nursing home residents.
$750,000 Settlement On Behalf of Patient who Developed Infection Following Surgery
Attorney David Sternberg successfully represented a 47-year-old woman who was prematurely discharged from the hospital following abdominal surgery. The woman developed an infection after undergoing laparoscopic repair of a recurrent ventral hernia and was discharged before the infection was detected. The infection was caused by the implantation of an incorrectly-sized hernia mesh. Attorney Sternberg was able to obtain a $750,000 settlement for the woman.
Attorney Sternberg Serves as Guest Moot Judge for the Marshall-Brennan Constitutional Literacy Project
David Sternberg, a partner with the law firm of Wapner, Newman, Wigrizer & Brecher, recently served as a guest Moot Court Judge for the Marshall-Brennan Constitutional Literacy Project for the Drexel University College of Law. The all-day event requires law students to tutor Philadelphia inner-city high school students about their rights and responsibilities under the Constitution. The Project culminates in a Moot Court competition with the University of Pennsylvania Law School and the top eight students go on to Washington, D.C. to compete in a national competition.
Attorney Sternberg Lectures on 'The Profitable Personal Injury Practice'
David Sternberg, a partner at Wapner, Newman, Wigrizer & Brecher recently lectured to an audience of attorneys fulfilling their obligations of Continuing Legal Education. The seminar was presented by the Pennsylvania Bar Institute and entitled “The Profitable Personal Injury Practice.” Mr. Sternberg’s lecture focused on identifying and investigating litigation in a variety of cases, including medical malpractice, automobile, premises liability and product liability.
Wrongful Death Suit Brought Against Police Department
David Sternberg, an attorney with Wapner, Newman, Wigrizer & Brecher filed a lawsuit on behalf of a mother and son of an inmate who hanged himself while incarcerated. The lawsuit was filed against a local police department for failing to properly monitor and train its employees who could have avoided the suicide. The involved police officers were reprimanded for violating the police department’s own procedures and directives designed to prevent custodial suicides from occurring. The lawsuit accuses the police department of neglecting to ensure decedent’s safety after he was arrested and for failing to place him in a cell with a cell mate (“single celled”) as required by the police department’s own procedures.
Insurance Company Pays Out In Fraud Case
David E. Sternberg of Wapner, Newman, Wigrizer & Brecher recently helped a client recover the proceeds of a life insurance policy from an insurance company that wrongfully refused to make payment to the family. The company refused to honor its obligation pursuant to the policy claiming that decedent had mislead the company and provided false and misleading information on her application. Mr. Sternberg successfully forced the insurance company to pay not only the full amount of the policy but interest and attorney fees too.
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