Bodily Injury

News & Analysis as of

Penn Team Furthers Understanding of How Concussion Can Cause Permanent Injury

On January 16, 2016 the University of Pennsylvania announced the findings of a unique team studying concussion science, consisting of a professor of materials science and engineering and a professor of neurosurgery (also...more

9 Year Old’s Death Brings Attention to Pit Bull Attacks

Pit bulls are loved by many, but a recent case of a tragic dog bite mauling reminds us that these animals can be deadly....more

After Pit Bull Case, Questions Dog New York’s “Unfortunate Event” Test

Where an insurance policy contains a “per occurrence” limit on coverage, New York courts apply what they call the “unfortunate event” test to determine how many “occurrences” are involved in a given claim or set of claims. ...more

Expert Testimony is Necessary to Establish Some Types of Damage, But Not Others

Woodland Hills personal injury attorney Barry P. Goldberg is often faced with decisions whether to hire experts on medical causation, or allow the plaintiff and the jury to apply common sense. Essentially, the question of...more

Michael Halvorson and Jessica Kokal Obtain Defense Verdict

Michael Halvorson and Jessica Kokal obtain defense verdict for personal injury case. On May 23, 2011, Plaintiff, a grade school teacher and former college athlete, began to brake for slowing traffic when she was...more

Pennsylvania Supreme Court Rules Against Insurers on Employer Liability Exclusions

The Pennsylvania Supreme Court recently ruled against insurers on an insurance coverage issue that frequently arises in the oil and gas sector. In Mutual Benefit Insurance Company v. Politsopoulos, the Supreme Court held that...more

Medical Payments Coverage Can be Excluded if Your Car is neither “Owned” nor “Non-Owned” Under the Policy!

Woodland Hills Personal Injury Lawyer has an in insurance coverage expertise and sometimes has to explain the seemingly “unexplainable” to accident victims and insurance policyholders. Medical Payments coverage is a great...more

When Serious Accidents and Dog Bites Result in Amputations

Amputations resulting from a car accident or pedestrian accident injury or a dog bite are not uncommon. If your doctor has informed you that you, or your loved one, will need to undergo an amputation, know that you are not...more

Were You Injured in a Serious Car Accident? Don’t Rule Out Post Traumatic Stress Disorder

From pedestrians hit while crossing the street to catastrophic truck accidents, collisions with motor vehicles often leave innocent victims struggling with injuries. More often than not, these injuries require medical...more

A Plaintiff without Medical Insurance Can Still Establish the Reasonable Value of Medical Services Rendered—- the Medical Bills...

Woodland Hills personal injury lawyer Barry P. Goldberg is frequently challenged to establish the reasonable value of his client’s medical bills even though they are not paid by health insurance. The “challenge” is...more

Lawsuit leads to another head’s up about sports, concussion risks for kids

Americans may be thick-headed about many things. But slowly, it seems, our collective consciousness is rising about the risks our favorite pastimes pose to our health. A spate of indicators suggest that, finally, even...more

Yet ANOTHER Disappointed “Additional Insured”

The retail giant Costco joined the ranks of disappointed “Additional Insureds” the other day in a California Court of Appeals case, Costco Wholesale Corp. v. Tokio Marine and Nichido Fire Ins. Co. Ltd., which left Costco and...more

Additional Insureds Deserve Attention Too: New York Court Finds Insurer’s Reservation of Rights to Named Insured Did Not...

Liability insurers issuing or delivering policies in New York are well apprised of the statutory requirement that the insured is to be provided written notice of a disclaimer or denial of a bodily injury or death claim “as...more

“Contractor?” I Do Not Think That Employers’ Liability Exclusion Means What You Think It Means

Over the summer, this blog reported on how the Supreme Court of Pennsylvania managed to parse an employer’s liability exclusion to find that it did not exclude claims by employees of additional insureds. As the leaves started...more

Brain Injuries More Common than Many Americans Think

Traumatic brain injury is a trauma to the brain that is caused by an external force. A significant brain injury can leave an individual with cognitive impairments that affect perception, memory, communication or judgement, as...more

Ghouls and Goblins Win Major Court Victory Right Before Halloween!

Woodland Hills Personal Injury lawyer Barry P. Goldberg may not believe in evil spirits and the undead and certainly would not represent them in court. However, this Halloween the California Court of Appeal has handed the...more

When an Exception to the “Mold Exclusion” Exposes Carriers to More Than Just Fungi or Bacteria

The recent New York City outbreak of Legionnaires’ disease (named for a 1976 outbreak of a type of pneumonia at an American Legion convention) has raised awareness of the illness. It has also renewed the courts’ interest in...more

Illinois Court: Multi-year Policy Limits Applied To Entire Policy Period, Not Annually, And Payments For Potentially Covered...

An Illinois trial court recently addressed the issue of whether an insurer exhausted its limits of liability in paying nearly $90 million for an insured’s defense and indemnity associated with asbestos bodily injury claims. ...more

Should I File a Claim for My Whiplash Injury?

If you’ve been involved in an auto accident, especially one where you were rear-ended or there was a multi-car crash, you likely suffered some injuries. One of the most common injuries resulting from a car accident is...more

Failing to Respond in Good Faith to Request for Admissions Can Have Costly Consequences

Timothy Grace, et al. v. Levik Mansourian, et al. - Court of Appeal, Fourth Appellate District (September 15, 2015) - The main purpose of a request for admissions is to eliminate issues by compelling admissions of...more

Reporting Marine Casualties: U.S. Coast Guard Guidance Helps to Bring Some Clarity to the Debate

In July 2015, the U.S. Coast Guard released the Navigation and Vessel Inspection Circular 01-15 (“NVIC”), titled Marine Casualty Reporting Procedures Guide with Associated Standard Interpretations. The purpose of the NVIC is...more

Morello v. Kenco Toyota Lift: No Duty to Advise Of Optional Safety Devices

Just last week, the Eastern District of Pennsylvania dismissed plaintiff’s negligence and §402(B) strict liability claims on summary judgment in Morello v. Kenco Toyota Lift, et al. The court reserved dismissal of the...more

New York Court Holds Disclaimer Letter Untimely

In its recent decision in Endurance American Specialty Ins. Co. v. Utica First Ins. Co., 2015 N.Y. App. Div. LEXIS 7272 (N.Y. 1st Dep’t Oct. 8, 2015), the New York Appellate Division, First Department, reinforced the rule...more

Design Immunity of Public Entities: Sometimes Designs, Like Recipes, are Better Left Alone

April 23, 1985 will live in infamy. It was the day the Coca-Cola Company announced it was changing its “secret” recipe and introducing a new kind of Coke, referred to by the public as simply, “new Coke.”...more

Second Circuit Holds Auto Collisions Caused by Multiple Occurrences

In its recent decision in Nat’l Liab. & Fire Ins. Co. v. Itzkowitz, 2015 U.S. App. LEXIS 16763 (2d Cir. Sept. 22, 2015), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to...more

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