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Martz & Gailey Welcomes David W. Moellman, Esq.

Wed, 02 Apr 2008 00:00:00 -0700

David W. Moellman, Esq., has joined the law firm of Martz & Gailey LLP, as an associate. Martz & Gailey is located at 96 South George Street, York.

Mr. Moellman will concentrate his practice in personal injury, workers’ compensation and social security law.

A graduate of the University of Maryland School of Law, where he received the school’s Advanced Certificate in Health Law, Attorney Moellman also holds a Masters Degree in public administration with a concentration in health administration and health policy from Pennsylvania State University and an undergraduate degree in physical therapy from the University of Maryland.

Attorney Moellman is admitted to practice in Pennsylvania, Maryland and the District of Columbia. He is a member of the Maryland, District of Columbia and Pennsylvania Bar Associations, the American Association for Justice, the Baltimore City Bar Association and the American Health Lawyers Association.

Attorney Moellman has earned a great deal of practical, front-line experience in the healthcare field, including 13 years as director of physical medicine at Hanover Hospital in Hanover, PA, and seven years in physical therapy and rehabilitation services. During law school, Mr. Moellman clerked in the Office of the Attorney General of Maryland. Most recently he worked for the law firm of Kahn, Smith & Collins, P.A., in Baltimore, Maryland.

For nearly three decades, attorneys Gary Martz and Herm Gailey have provided effective, personal attention in matters involving personal injury, wrongful death, workers’ comp and social security.

In Memoriam

Tue, 20 May 2008 00:00:00 -0700

We are deeply saddened to announce that Gary D. Martz, co-founder of the law firm of Martz & Gailey LLP, died unexpectedly at his home in the early hours of Monday morning, May 19, 2008.

Gary, 52, was the loving, caring husband of Holly Martz, to whom he was married for 12 years following a long and committed relationship. He was also a devoted father to his daughter, Alaina,

Gary was born in Allentown, PA on May 2, 1956, and is the son of Joanna Martz and the late Dennis Martz.

In 1981, Gary began practicing law in York County, after graduating from Dickinson School of Law. At the time of his death, Gary was a partner in the firm of Martz & Gailey LLP. He was a skilled trial attorney who thoroughly enjoyed his work and had a stellar reputation, especially in the practice of workers’ compensation. He was devoted to his practice and his clients, many of whom he considered friends.

He was also active for many years in the Dover Area Soccer Association, as a coach of his daughter’s team, the Ladybugs, whose players and families remained a large part of his life and near to his heart.

He enjoyed music, tennis, billiards, and animals, rescuing many stray dogs and cats who shared his home over the years. Gary was known for his tireless work effort, his boundless energy, enthusiasm and love of life. He will be sadly missed by his friends and family.

In addition to his wife and daughter, Gary is survived by his mother, Joanna Martz, of Allentown, an uncle and several aunts and cousins in the Allentown area, in-laws and nieces and nephews in the Dover area, as well as many friends.

In lieu of flowers the family asks that you honor Gary's devotion to animals by making a contribution of the York SPCA or a charity of your choice.

Limited Tort

Thu, 29 Apr 2010 00:00:00 -0700

In the hustle of our daily lives we spend much time in our motor vehicles. Whether it’s running errands, driving to the store, or driving to work, we spend a good portion of our time commuting. Those of us who are parents of children who also drive devote a certain amount of our energy to worrying about their safety on the road. When it comes time to make decisions about our auto insurance coverage, many people often overlook the choice they have between limited tort insurance coverage and full tort coverage. Making the right choice for you and your family can be vitally important if we are ever involved in a motor vehicle accident due to the negligence of another driver. Because we have no control over how other drivers operate their vehicles we are exposed to the risk of an accident every time we climb behind the wheel. By making the right tort selection we can provide our families with additional protection for a reasonable cost in case the unforeseen ever happens.

By selecting the limited tort option when signing up for your auto insurance you are limiting your right and perhaps the rights of your family members to recover for “non-economic damages” (i.e. pain and suffering). In other words, if you carry the limited tort option on your automobile insurance coverage, you may only be able to recover for economic losses, such as medical expenses or some lost earnings.

The full tort option permits individuals who are injured through the negligence of other drivers to not only recover for unreimbursed economic losses, but also for pain and suffering.

In Pennsylvania there are certain exceptions which can convert a limited tort driver into full tort status. These include (but are not limited to):

1. Individuals who have suffered “serious injury”, defined as “death, serious impairment of bodily function, or permanent, serious disfigurement”;

2. Injuries sustained due to the negligence of a driver who is convicted, or accepts accelerated rehabilitative disposition (ARD) for driving under the influence of alcohol or a controlled substance;

3. A negligent driver who is operating a motor vehicle registered in another state; and

4. A negligent driver who causes injury to another while that individual is an occupant of a motor vehicle other than a private passenger motor vehicle.

It is surprising to find the number of drivers who are completely unaware of their “tort election”. Often times, this determination is made when we first sign up for coverage with an insurance company and the issue tends never to be revisited. The cost difference in carrying full tort coverage is variable but typically approximates 15% more than carrying limited tort coverage. Many people do not realize what their tort coverage is until they are involved in a motor vehicle accident. Drivers are wise to check their insurance coverages to see whether they have limited tort or full tort coverage. If limited tort was selected, I would advise contacting the insurance agent to explore the cost different in premiums to add full tort protection to the family’s auto insurance policy. The cost of carrying full tort coverage is substantially offset by the peace of mind of knowing you are providing yourself and your family with full tort protection should the unforeseen happen.