Black vs. Allegheny County et al.
Wayne Ely Esq. of Kolman Ely PC secured a record $2.09 million settlement for the Estate of Derek Black, a 28-year-old inmate who was denied medical treatment until it was too late.
A few months ago Kolman Ely settled a civil rights suit for a record amount of money. In the case of the Estate of Derek Black, the insurer for the Allegheny County Jail’s former medical provider agreed to pay $2 million to settle a wrongful death lawsuit by the parents of Derek Black, a former inmate.
Debra and Earl Black sued Allegheny County and Allegheny Correctional Health Services, a now defunct subsidiary of the Allegheny County Health Department, over the death of their son Derek Black in prison.
Allegheny County agreed to pay $90,000 to settle the case. Wayne A. Ely, the lead attorney in the case, said that Kolman Ely was privileged to represent the Estate of Derek Black and “it was his hope that this settlement brings some closure to the family.”
Derek Black and guards at the jail repeatedly asked the medical staff to examine him, the lawsuit said, but doctors and nurses ignored the requests from April 14 to April 30, and he later died.
“Kolman Ely P.C. Client Awarded $750,000 In Damages By Federal Jury In Pennsylvania Who Determined That Discrimination Related To Gender, Race And National Origin Violated The Employee’s Civil Rights”.
The law suit filed by Fadwa Charnitski claimed that a hostile work environment developed and ultimately led to her termination solely because she was a Muslim woman from Kuwait.
Her former employer “Motorworld”, one of the largest vehicle dealerships in the area terminated Ms. Charnitski’s employment because they claimed she called one of their customers a “Stupid American”. They fired her without conducting an investigation or a hearing.
The law suit stated that she was harassed from September 2005 through Nov. 3, 2009 and was repeatedly subjected to racially charged insults such as the entire middle east “had to be nuked” along with documents related to the Taliban being left on her desk.
The law suit points out that Ms. Charnitski informed her supervisors of the harassment but no action was taken and she was instructed to ignore the insults that were masked within their jokes.
MotorWorld Group fired Fadwa Charnitski with out warning or even the chance to defend herself. She was one of their top sales producers and was the only woman in that position.
“The Pennsylvania jurors awarded Ms. Charnitski $250,000 in compensatory damages along with $500,000 in punitive damages. The judge is to determine back pay and legal fees”.
Kolman Ely PC is unusual in that it will not take cases on an hourly rate basis. There are a number of reasons for this.
1. Kolman Ely believes that a lawyer should put its money where its mouth is and if the law firm genuinely believes in the case, it should invest in the case with the client and take the case on a contingency and not on an hourly rate basis.
2. Kolman Ely believes that hourly rate cases make a law firm inefficient because it incentivizes the law firm to take as long as possible in handling a client matter whereas a contingency fee makes the law firm ultra efficient because the time spent by the law is the firm’s time, not billable to anyone and not even recoverable unless the lawyer wins.
3. Kolman Ely believes that the hourly rate represents a conflict between the lawyer and the client because the lawyer can bill whatever he wants to the client without the client never being able to verify whether the lawyer really spent that amount of ‘billable’ time.
4. Kolman Ely does not believe in causing a clients even more financial stress at the very time when they can least afford a lawyer but need one most.
You never have to worry about a conflict of interest or the appearance of one if you are a client or a potential client of Kolman Ely PC. We only represent individual victims, never companies, never corporations and never employers. Some law firms represent ‘both sides’. We don’t. We never have and never will. Unlike them we’re not in two minds about being on your side.
If you have been harassed, discriminated against, or find yourself in a hostile work environment, contact us to discuss your options with no obligation.Contact us now