News & Analysis as of

Bodily Injury

For Purposes of a General Release Agreement, an “Affiliate” is not Defined by a Mere Contractual Relationship

by Low, Ball & Lynch on

Muhammad Iqbal v. Imran Ziadeh - COURT OF APPEAL, THIRD APPELLATE DISTRICT (March 24, 2017) - The issue in this case is whether plaintiff’s release in a previous case immunized defendant Imran Ziadeh (“Ziadeh”) against...more

Theme Park Defense 10 Things to Know

by Rumberger Kirk & Caldwell on

Florida’s theme parks attract millions of visitors each year. Any business with that volume of visitors is certain to encounter litigation. Theme park litigation is unique because it incorporates many different types of...more

The Causes and Impact of Nerve Damage

by Howard Ankin on

Nerve damage can significantly impact every aspect of a person’s life. It can limit their range of motion and hinder their ability to breathe. While some nerve damage is reversible and can be treated, the more severe the...more

Traumatic Brain Injuries: The Dynamics

When a loved one experiences a traumatic brain injury (TBI), family dynamics are forever changed. The athletic boy who suffered a blow to the head during batting practice no longer is able-bodied. The academic girl who...more

When Auto Accidents Injure Children

According to the CDC, auto accidents are among the leading cause of injury and death among children in the U.S. While most parents go out of their way to ensure that their children are safe from every harm, the fact remains...more

What are the costs of traumatic brain injury (TBI)?

The public often expresses outrage at high-dollar verdicts when they reach the six- and seven-figure level. This is understandable in court cases, since only the jury hears all the evidence in a given case and the public is...more

May An Amusement, Golf Course or Recreational Facility be Held Negligent When Customers Are Harmed For Injuries Occurring Upon...

by Tucker Arensberg, P.C. on

Negligence is the failure to use ordinary care. In order for a person to recover for a negligence claim, they must show...more

Safe Spherical Tires of the Future: Levitation, Sensors and Biomimicry

by Howard Ankin on

The old saying goes “don’t reinvent the wheel,” but Goodyear has done just that. The 118-year-old company has created a spherical, levitation-mounted, sensor-monitored, biomimicry-designed concept tire that, in theory, could...more

Trial Court Committed Error in Excluding Evidence of Future Affordable Care Act Benefits in Medical Malpractice Case

by Low, Ball & Lynch on

Cuevas v. Contra Costa County - First Appellate District, Division One (April 27, 2017) - In an ordinary personal injury lawsuit, a defendant may not introduce evidence of amounts the plaintiff received from insurance...more

Traumatic Brain Injury — What are the facts?

Over 5 million Americans have suffered a traumatic brain injury, or a TBI, and are living with disabilities that range from minor to severe. TBI patients who survive face a lifetime of consequences that affect every aspect of...more

When Employers Fail to Carry Workers’ Compensation Insurance

by Howard Ankin on

Under Illinois law, employers are required to carry workers’ compensation insurance, and when they don’t, they may face criminal penalties along with civil liability. An estimated 90 percent of employers in the state carry...more

Pedestrian Accidents Increase in Canoga Park

Pedestrian accidents can be a terrifying experience for the victims, resulting in long-term emotional pain, such as PTSD, as well as numerous physical injuries. The feeling of the impact, the crunch of metal, and the smell of...more

When You Want the Best Car Accident Attorney

by Howard Ankin on

The number of automobile accidents and the rates of injuries and fatalities are on the rise throughout the country. When a driver, passenger, or pedestrian are involved in an automobile accident, it is important to retain a...more

Products Liability in a Post-Tincher World: Appellate Court Upholds $55M Verdict Against American Honda Motor Co., Inc.

In American Honda Motor Co., Inc., v. Martinez, et. al., the Superior Court of Pennsylvania upheld the jury’s verdict and award of more than $55 million to Plaintiff Carlos Martinez, who was rendered a quadriplegic after he...more

Expert Failed to Offer Admissible Evidence in Opposition to Motion for Summary Judgment

by Low, Ball & Lynch on

Sanchez v. Kern Emergency Medical Transportation Corporation - COURT OF APPEAL, FIFTH APPELLATE DISTRICT (February 6, 2017) - An expert opinion filed in opposition to a summary judgment must be based on admissible...more

Dog Bites and the Mailman

Dog bites occur almost every day in Los Angeles and the San Fernando Valley. California paid out the most in dog bite-related injury settlements in 2012. Often, our postal workers are most at risk for dog bites and indeed,...more

United’s Crisis Mismanagement and Corporate Culture

by Michael Volkov on

We were all aghast at the spectacle on the United Airlines last week when a customer was dragged off a plane when he refused to give up his seat because of an overbooking. No one can underestimate the power of real-time video...more

Strict Adherence to the Government Claims Act is Required

by Low, Ball & Lynch on

J.M., a Minor, etc. v. Huntington Beach Union High School District - Supreme Court of California 2 Cal.5th 648 (March 6, 2017) - Government Code sections 810 et seq. (“The Act”) set forth the procedures and...more

Court Excludes Evidence Developed Through Plaintiff’s Surreptitious Contact with Corporate Defendant’s Employees

by Sands Anderson PC on

On March 27, 2015, Jalal Haidar brought suit in federal court, alleging that he had been injured by a dangerous condition in a hotel. According to Haidar, he sat motionless on a hotel toilet for approximately fifteen seconds...more

No Excuses: Preventing Construction Site Accidents and Remembering the Dead

by Lewitt Hackman on

With Spring comes not only warmer weather, a change in time, and the start of baseball, but a return of construction projects as builders begin another season of home and commercial building. ...more

Are there any friendly skies out there? — Man dragged down the aisle

Do you remember the good ol’ days of flying when there was a semblance of regulation over the airline industry? Customer service back then was a reality. Seating space fit for humans actually existed on planes. There...more

Jury Awards $2.1 Million in Slip and Fall Case

by Tucker Arensberg, P.C. on

Juries in Allegheny County, Pennsylvania have been perceived as being relatively conservative and “Defendant-friendly” in terms of awarding compensation in personal injury cases. This trend has been constant since the early...more

Vacation Accidents: What To Do When Injured on a Vacation in California

California is known as the Golden State thanks to its beautiful beaches, sunny weather, and tan, healthy residents. The Valley is a popular tourist destination, as it is just miles away from the coast of Malibu, wonderful...more

Defendants Cannot Compel Plaintiff to Receive a Vocational Rehabilitation Examination

by Low, Ball & Lynch on

Mohammed Haniff v. The Superior Court of Santa Clara County - Court of Appeals, Sixth Appellate District (March 18, 2017) 9 Cal.App. 5th 191 - When a personal injury plaintiff claims he or she can no longer perform...more

Why Should Class Action Matter to You?

According to a bill pending in the House of representatives, class actions are bad for you and multi-district litigation is not your friend. HR 985 is an example of our legislators acting out of complete ignorance or an...more

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