News & Analysis as of

Bodily Injury

Trail Immunity Does Not Shield from Liability Simply Because an Injury Occurs on a Trail - Appellate Court Ruling Means Less...

by Best Best & Krieger LLP on

A tree branch fell off of a eucalyptus tree and struck a woman while she was walking through Mission Bay Park in San Diego. She filed suit against the City of San Diego, alleging the City negligently maintained the eucalyptus...more

Another Assault – Another Exclusion

by Nexsen Pruet, PLLC on

2017 is steadily becoming the year of the assault in South Carolina. Founders Insurance Company v. John Hamilton a/k/a Jim Hamilton, individually and d/b/a Aces High Club, Aces High Club and Kenneth Weatherford, 2017 WL...more

How Are Injuries Proven for California Car Accidents?

If you’re involved in a car accident in Woodland Hills, California, you may find yourself in the middle of a fight to get the compensation that you deserve for the damage to your car and for your injuries. One of the most...more

Study Finds Obese Drivers are at Greater Risk of Death in Car Accidents

by Howard Ankin on

A new study found that obese drivers (people with body mass indexes above 30) are 78 percent more likely to die in a car collision than normal-weight drivers. These findings show an increase in fatalities among heavier...more

Nevada Supreme Court Holds That Member-Managers Were Not Proper Parties To Negligence Claim Against An LLC

by Allen Matkins on

In an opinion issued yesterday, the Nevada Supreme Court addressed the extent to which a member of a limited liability company is protected in a negligence based tort action against the LLC. Gardner v. Henderson Water Park,...more

New Information on Photophobia following TBI

One of the most common symptoms following TBI is photophobia, an intense intolerance to light that can cause significant discomfort, interfere with activities of daily living, and contribute to post traumatic headaches. It...more

New York’s High Court Holds Additional Insured Coverage Extends Only to Injuries Proximately Caused by Named Insured’s Fault

by Carlton Fields on

On June 6, the New York Court of Appeals in Burlington Insurance Co. v. NYC Transit Authority held that where liability is limited to injuries “caused, in whole or in part” by the named insured’s “acts or omissions,” coverage...more

Popular ATVs Going Up in Flames

by Howard Ankin on

Popular all-terrain vehicles (ATVs) and recreational off-highway vehicles (ROVs) manufactured by Polaris Industries are putting riders at risk for serious injuries and even death. Although the company has recently issued a...more

Your Top 3 Questions about Motorcycle Accidents in California Answered

When motorcycle accidents happen in California, riders and their passengers can be more than seriously or permanently injured. They can also be killed. Between lost wages, medical expenses, and the loss of the motorcycle, it...more

Punitive damages declared enforceable by the Italian Supreme Court (Italian)

by Dentons on

"Punitive damages" land in Italy - Le Sezioni Unite della Corte di Cassazione con sentenza n. 16601, pubblicata il 5 luglio 2017, hanno ritenuto ammissibile il riconoscimento in Italia dell’istituto dei danni punitivi o...more

Tort Reform Update: Missouri Changes Rules for Recovery of Medical Bills as Damages

by Lathrop Gage on

On July 5, 2017, Missouri Governor Eric Greitens signed into law Senate Bill 31. This tort reform measure prescribes new evidentiary rules for plaintiffs who seek to recover as damages the medical bills they incurred as a...more

Soto v. Sacco

Arizona Supreme Court Clarifies Standards for Remittitur in Soto v. Sacco - The Arizona Supreme Court has clarified the standard for remittitur (and additur) under Ariz.R.Civ.P. 59(i) (now Rule 59(f)), as well as the...more

Court of Special Appeals Affirms Admission of Plaintiff’s Medical Records into Evidence to Support Opinions of Defense Expert

by Miles & Stockbridge P.C. on

A recent holding of the Court of Special Appeals of Maryland is of significance to companies defending personal injury lawsuits—particularly those where the nature or extent of a plaintiff’s alleged injuries is in dispute. In...more

When Does a Dog Bite in California Reach Criminal Status?

In California, dog bites are extremely serious matters. People who are bitten by dogs can suffer from permanent scarring or disfiguration, infections, amputations from severe back, emotional trauma, and other serious side...more

Expansion of Move-Over Law to Protect Motorists

by Howard Ankin on

After experiencing the deadliest year on Illinois roadways for nearly a decade, Illinois State Police are taking prompt action to cut down on these fatalities. One initiative is to expand the Move Over Law, which requires...more

Poisoning the Well: Washington Supreme Court Applies Efficient Proximate Cause to Eviscerate Pollution Exclusion in Liability...

by Carlton Fields on

Professionals and practitioners in first party property insurance are likely familiar with the efficient proximate cause rule, which requires an insurance policy to provide coverage where “a covered peril sets in motion a...more

Beware of Common Insurance Company Tactics That Can Minimize Your Claim

by Howard Ankin on

Insurance companies frequently attempt to minimize or deny claims by using common tactics. Most individuals have little to no experience negotiating with insurance companies. The insurance companies know this and will use it...more

Dog Bites? Maybe it’s the “Dog Days” of Summer!

Woodland Hills personal injury attorney Barry P. Goldberg handles a disproportionate amount of dog bite and dog attack cases in the San Fernando Valley. Perhaps, the office’s location in suburban Woodland Hills and the...more

Ninth Circuit Upholds Bad Faith Award Despite Issues With Policy Limits Demand

by Cozen O'Connor on

In Madrigal v. Allstate Indemnity Co., Cause No. 16-55830 (9th Cir. June 15, 2017), the Ninth Circuit upheld a jury award assessing $14 million in bad faith damages, even though it was unclear whether the insurer could have...more

What You Need to Know about Truck Accidents in California

Being involved in a truck accident in Woodland Hills can be devastating. Severe spinal cord injuries, permanent disability, lost wages, and even death are common results. A truck accident doesn’t just change the life of the...more

The Fiery Risks of Fourth of July Fireworks

by Howard Ankin on

When Fourth of July fireworks don’t explode where and when they are supposed to, they can cause serious injuries, property damage, and even death. According to the Consumer Product Safety Commission, 2015 was one of the most...more

An Oldie but a Goodie: A Friendly Reminder About Firework Laws in Texas

by Gray Reed & McGraw on

We covered firework laws several times in the past but it’s always a good reminder as we approach the Fourth of July weekend where fireworks are more than likely in your plans. Below are Texas’ top 10 firework laws you should...more

Types of Insurance That May Apply if You Are Injured in a Car Accident in North Carolina

by Ward and Smith, P.A. on

In 2015, there were over 250,000 reported car accidents in North Carolina. And, unfortunately, statistics suggest that nearly every driver will be involved in at least one car accident in their lifetime. Given these numbers,...more

When an Assault Really Is an Assault... A Sequel

by Nexsen Pruet, PLLC on

Jesse Bass was a guest at Henry’s Sports Bar in December 2012, when the bouncer struck him in the head with such force that he was knocked unconscious and suffered serious brain injury. Bass brought an action against Henry’s,...more

What Must Be Proven in a California Slip and Fall Claim?

A slip and fall occurs when someone loses their balance because of a slick spot or because they tripped over something on the property. As a result, they are injured in some way. Slip and falls in San Fernando Valley can be...more

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