John Randy Sawyer – Blog Archive

Business, Interrupted

John Randy Sawyer on May 12, 2020

Category: Insurance, News

The economic situation for small businesses in America is dire. Following the widespread social distancing and stay-at-home orders, 7.5 million small businesses are now at risk of closing their doors permanently within the next several months if the coronavirus pandemic restrictions continue.

The situation has business owners searching for ways to keep their operations afloat. The CARES Act, for example, promises more small business support in its new aid package. This relief, however, has been slow to make its way to business owners.

What Should Condominium Associations Do After Cypress Point?

John Randy Sawyer on June 22, 2019

Category: Community Associations
Tag: community association, Cypress Point

It has been several months since the New Jersey Supreme Court decided Cypress Point Condo Ass’n v. Adria Towers, LLC.

The issue in Cypress Point was whether rain water damage caused by a subcontractor’s faulty workmanship constituted “property damage” caused by an “occurrence” to trigger coverage under a condominium developer’s commercial general liability (CGL) insurance policy. Cypress Point, a condominium association, filed claims against Adria Towers, the developer, and its insurers, as well as various subcontractors. Adria Towers was also the general contractor on the condominium project and hired the subcontractors who performed the construction work. The Association alleged faulty workmanship during construction and claimed consequential damages.

Five Tips For Boaters To Help Keep Our Waterways Safe

John Randy Sawyer on April 23, 2015

Category: Personal Injury
Tag: Water Safety

With the summer right around the corner, many people will be flocking to the ocean, lakes and rivers. Here are five tips for boaters to help keep our waterways safe.

Do not approach any military, cruise line or commercial shipping vessels. The Naval Vessel Protection Zone requires boaters not to approach within 100 yards and to slow minimum speed within 500 yards of any Naval Vessel.
Observe and avoid all security zones and commercial port operations areas.
Do not stop or anchor beneath bridges or overpasses.
Report suspicious activities to marina security, local authorities and/or the Coast Guard.
Do not drink alcohol and operate a boat.

Following these tips and adopting safe boating practices reduce demands on marina security, local authorities and/or the Coast Guard allowing them to focus on security and emergencies. If by any chance, you are in an unsafe situation, please make any and all attempts to keep yourself and the others around you safe. Injuries in waterways can be very serious, it is important that you follow all directions to protect yourself and others.

Collection Of Overdue Support From Monetary Awards / Settlements

John Randy Sawyer on October 17, 2014

Category: Workers' Compensation

23 Pa. C.S.A. § 4308.1 amended the Domestic Relations Code by permitting the Department of Welfare to intercept overdue child support from lump sum monetary awards or settlements paid by insurers and worker’s compensation. This law makes overdue child support a lien by operation of law against the net proceeds of any monetary award exceeding $5,000.00. There is reduction to account for attorney’s fees and proportionate share of cost.

The law broadly defines “monetary awards” and applies with equal force to ANY civil claim asserted in and resolved in Pennsylvania, ANY settlement obtained before a lawsuit and ANY settlement of a lawsuit resulting from any claim for bodily injury, death or paid as an award under worker’s compensation or occupational disease. The law requires the attorney handling the claim to provide a statement including client’s name, address, date of birth, social security number and the amount of support owed or a statement that no support is owed. This information is then used by either the attorney or insurance company to search through the Child Support Section of the DPW Website.

As a practical matter, I ask for this information in the initial interview and explain that overdue support must be paid back. In the few situations where I have a client who has overdue support, I will compare the amount found with the client’s understanding of the amount. If there is a dispute as the amount and it is before settlement, I will instruct my client to resolve the dispute otherwise I will pay the amount listed on the website. If there is a dispute, this law requires the WHOLE amount to be placed in escrow with the Pennsylvania State Collection and Disbursement Unit (PASCDU) until the dispute is resolved.

Ten Tips For Bicyclist to Keep Safe

John Randy Sawyer on August 19, 2014

Category: Personal Injury
Tag: Personal Injury

With the summer officially underway and many people, adults and children, will be on the roads on bicycles. Riding a bicycle is great exercise and help to the environment. However, given the number of car on the road it is imperative to understand safe protocol while sharing the roads with cars. Here are ten tips for bicyclists to keep safe on the roads.

Excess Work Hours Equals Greater Likelihood of Crash

John Randy Sawyer on August 13, 2014

Category: Personal Injury
Tag: Personal Injury

The United States Department of Transportation through the Federal Motor Carrier Safety Administration regulates the hours of services for drivers. Specifically, the regulations states

(1) Driver may drive 11 hours after 10 hour off duty

(2) Driver may not drive beyond the 14th hour after coming on duty, following 10 hours off duty; and

(3) Driver may not drive after 60/70 hours on-duty in 7/8 consecutive days.

Pre-Trip Inspection of Tractor Trailers- Required by Federal Motor Carrier Safety Regulations

John Randy Sawyer on August 5, 2014

Category: Personal Injury
Tag: Personal Injury

A pre-trip inspection by a driver of tractor trailer is required by Federal Motor Carrier Safety Regulations. A pre-trip inspection should be done to ensure the tractor trail is operating safely and there are no problems with the tractor trailer. Prior to operating the vehicle, a Driver Vehicle Inspection Report should be filled out and signed by the driver. If there are defects, those defects need to be immediately addressed by a mechanic and mechanic is required to sign and verify the Inspection Report.

Ten Motorcycle Safety Tips

John Randy Sawyer on July 23, 2014

Category: Personal Injury
Tag: Personal Injury

The warm weather is here and there is an increase in the number of motorcycles on the roads. Here are ten motorcycle safety tips to keep you save this summer:

Dental Implants “Caveat Emptor”

John Randy Sawyer on July 16, 2014

Category: Personal Injury
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Caveat Emptor is Latin for “Let the Buyer Beware” and consumers should be careful when selecting a dental professional to perform dental implants.

Despite the advancement in dental care, millions of Americans still suffer tooth loss- mostly due to tooth decay, gum disease or traumatic injury. For many years, the only treatment options available to people with missing teeth were bridges and dentures. Recently, dental implants are available and the recommended option for many. Dental Implants are replacement tooth roots. Dental implants provide a strong foundation for permanent or removable replacement teeth that are made to match natural teeth.

Unfortunately, dental implants are very expensive ranging from $4,000.00 to $7,000.00 per tooth and are not covered by dental insurance. As such, there are many dental professionals who are looking to perform this procedure.

Before deciding on a dental professional to perform dental implants, I recommend you find out the following:

· What training has this person received?

· Was the training in dental school? If so, when did they attend?

· Did the person receive specialized training specific to dental implants?

· Who provided the training?

· How many dental implants has the person performed in the past year?

· Has this person lectured or written on the topic of dental impants?

· Does this person regularly attend lectures and seminars regarding dental implants?

· What percentage of the dental practice are dental implants?

· Do they have any references?

I have received many legal consultations over the year from consumers who had dental implants that failed. Most times, the failure of the dental implants is NOT due to the negligence of a dental professional. In fact, failure of dental implants can occur without any negligence. However, consumers should be aware that there are dental professionals who perform this procedure that are clearly not qualified.

Types of Nursing Home Negligence Claims

John Randy Sawyer on July 14, 2014

Category: Personal Injury
Tag: Personal Injury

The most common claim I have handled over the years is the “falls resulting in fractures.” During my years, I have seen an increase in the number of falls. I believe the increase is due to chronic understaffing. When a resident is admitted to a nursing home, there are fall risk assessments and orders made based on fall risk. For example, a resident may require a two people to assist when the resident has to use the bathroom or a resident may need a hoyer lift to get out of bed. Unfortunately, there are nursing homes that are understaffed and consequently a nurse’s aide is trying to do the job which requires 2 people. I have seen situations where the nurse’s aide dropped a resident or a resident rolled out of bed because orders were not followed.

Author: John Randy Sawyer