News & Analysis as of

Bodily Injury

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

How Do I Know When I Need to Hire a Personal Injury Attorney?

Many innocent San Fernando Valley residents are injured in accidents that are not their fault but, for one reason or another, they fail to reach out to an experienced injury attorney to discuss their legal rights and...more

Court Finds Taxi Cab Company Vicariously Liable for Taxi Driver’s Negligence

by Low, Ball & Lynch on

Emanuele Secci v. United Independent Taxi Drivers, Inc. - Court of Appeal, Second Appellate District 8 Cal.App.5th 846 (February 15, 2017) - The California Court of Appeals reinstated a jury verdict of $335,000...more

Charles M. Callahan and Daniel O. King Obtain Defense Verdict

Jones, Skelton & Hochuli, PLC is pleased to announce Charles M. Callahan and Daniel O. King obtained a defense verdict for their client, a Kingman, Arizona mental health clinic, after a six (6) day jury trial. Our client...more

Seniors and Falls: A Growing, Preventable Problem

The No. 1 cause of injury to U.S. seniors are falls. They happen at unimaginable rates. A member of the elderly population receives treatment in an emergency room every 11 seconds because of a fall. Someone age 75 or older...more

Indiana Medical Malpractice Plaintiffs May Present New Theories of Liability at Trial That Were Not Argued to the Medical Review...

by Reminger Co., LPA on

In two decisions issued by the Indiana Court of Appeals on February 22, 2017, the Court held that a medical malpractice plaintiff may raise a new theory of liability in state court that was not previously argued to a medical...more

Congressional Hypocrisy — Taking away your rights

As a part of the recent speed racing bills through Congress, they have put up HR 1215. Quite erroneously, they have titled it: “Protecting Access to Care Act of 2017”. A read of the act’s text quickly tells any objective...more

Oregon Federal Court Decides Carbon Monoxide Incident Is Excluded by Pollution Exclusion

by Selman Breitman LLP on

The United States District Court for the District of Oregon has determined that carbon monoxide from a natural gas swimming pool heater is a pollutant within the meaning of a commercial general liability insurance policy....more

Congress is About to Take Away Your Rights

The U.S. Congress is fighting hard to take away your rights and the power of individual states to protect those rights. The influence of BIG BUSINESS over your elected representatives is being used protect careless and...more

Texting and Driving – The Evolving Theories of Liability

Distracted driving has become one of the leading causes of motor vehicle accidents and fatalities in the United States. In 2014 alone, Pennsylvania saw more than 13,964 crashes involving a distracted driver, including 49...more

Michael Halvorson Saves Client From A Potentially Substantial Verdict

Michael Halvorson, a Partner with Jones, Skelton & Hochuli, saved Defendant from a potentially substantial verdict in a personal injury case. Defendant was operating a tractor-trailer weighing approximately 75,000 pounds...more

Fatal Flaws That Cause Automobile Accidents

by Howard Ankin on

Whether it is a tire that is worn and causes a vehicle to spin out of control, or a safety belt that fails to secure a passenger, faulty automotive parts can cause accidents and cost lives. Nationwide it is estimated that...more

Butler Quarterly - Winter 2017

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard. In the first case, a court excluded such expert testimony...more

Defense has no Right to a Vocational Rehabilitation Examination

Woodland Hills personal injury attorney Barry P. Goldberg is a strong proponent of vocational rehabilitation for his injured clients that are no longer able to perform their jobs as a result of their injuries. In addition,...more

Lessons in Administering a Master Service Agreement

by Gray Reed & McGraw on

Is condensate a contaminant? When it spills and burns a worker, yes. In Hiland Partners v. National Union Fire Insurance Company the operator, an additional insured under a contractor’s commercial general liability insurance...more

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