News & Analysis as of

Bodily Injury

Torts – Primary Assumption of Risk – Hot Air Ballooning

by Low, Ball & Lynch on

Erika Grotheer v. Escape Adventures, Inc., et al. - Court of Appeal, Fourth Appellate District, 14 Cal.App.5th 1283 (August 31, 2017) - Plaintiff Erika Grotheer (hereafter “Plaintiff”) was injured when her hot air...more

The Scope of an Insurer’s Right to Control the Defense – OneBeacon America Ins. Co. v. Celanese Corp.

The scope of an insurer’s right to control the defense of an insured is an underdeveloped issue in Massachusetts case law, which the Appeals Court recently addressed in OneBeacon America Ins. Co. v. Celanese Corp., No....more

Aging Truck Drivers Face Medical Conditions that Reduce Roadway Safety

by Howard Ankin on

Aging commercial truck drivers face medical conditions that create safety hazards for themselves and other drivers. The physical and mental exhaustion associated with trucking can negatively impact many age-related...more

How do Personal Injury Attorneys Avoid Motor Vehicle Accidents?

Woodland Hills personal injury attorney Barry P. Goldberg knows that getting in an accident is a very unwanted inconvenience. Worse, an accident is very dangerous and can cost thousands of unwanted and unwelcome bills. ...more

Auto vs Pedestrian Accident in Canoga Park: Who Is at Fault?

When a pedestrian is struck by an automobile in Canoga Park, serious injuries can — and often do — occur. The injuries can happen not just when the vehicle strikes the pedestrian, but when the person is thrown to the ground...more

Petition for Rehearing Denied in Doe v. Etihad Airways, P.J.S.C.

by Holland & Knight LLP on

On Oct. 6, 2017, the U.S. Court of Appeals for the Sixth Circuit denied the airline's petition for rehearing and rehearing en banc in Doe v. Etihad Airways, P.J.S.C. As discussed in our previous post on this case, the panel...more

When Can you Legally and Safely Enter a Crosswalk?

Woodland Hills personal injury lawyer Barry P. Goldberg has noticed an increase in auto v. pedestrian accidents in the San Fernando Valley, particularly in Canoga Park and Woodland Hills. In fact, Mr. Goldberg wrote articles...more

Nursing Home Care — Who protects the most vulnerable?

Who protects the elderly citizen? A recent article in Law360 suggested that nursing home claims may rise in the wake of Hurricane Irma and the Hollywood Hills Nursing Home tragedy. The article seemed to downplay the...more

Lane Splitting and Motorcycle Accidents in California

Last year, California became the first state in the nation to allow lane-splitting for motorcycle riders, a practice that had long be legal in many countries in Europe and Asia. Lane splitting, also sometimes called lane...more

Why Sitting in Back Isn’t So Safe

by Howard Ankin on

In a car crash, sitting in the back seat can be more dangerous than sitting in the front seat. Recent studies show that backseat passengers are 46 percent more likely to die in motor vehicle accidents than front seat drivers...more

Playing it Safe At Special Events This Fall

by Howard Ankin on

Planning ahead and following safety tips for Chicago fall special events can prevent personal injuries. Special events that draw large crowds always increase safety risks....more

When Criminal Defense Cases and Personal Injury Claims Collide!

Woodland Hills personal injury attorney Barry P. Goldberg is fortunate to associate with top legal and financial professionals. The question often arises about what happens when there is BOTH a criminal and personal injury...more

Danger in the Neighborhood: When Kids Get Hurt at a Friend’s House

by Howard Ankin on

Property owners have a duty of care to protect people on their property, including neighborhood kids who may be visiting their friends. When kids get hurt at a friend’s house, the property owner can be held liable for...more

File a Law Suit if you have a Good Case and the Insurer Denies or Low Balls Your Claim

Woodland Hills personal injury lawyer Barry P. Goldberg recommends to his clients to not cave in to an insurer that denies or low balls a perfectly legitimate claim. Unfortunately, we are seeing more of insurers wrongfully...more

Injured in a Bike Hit and Run?

Recently, a father of 5 was riding his bike along PCH when he was struck and seriously wounded by a hit and run driver. While the man did survive, his injuries are so severe and life-changing that he will require 24/7 care...more

Keeping Your Kids Injury-Free While Trick or Treating

Boo! Halloween is just around the corner and that mean trick or treating! If you live in the San Fernando Valley, you will probably be participating in the trick or treating activities to some extent, either as a...more

Was the Guy who hit you on a “Special Errand” for his Employer?

Woodland Hills personal injury attorney Barry P. Goldberg analyzes serious car accident cases on a daily basis. Often, the issue is not whether the defendant was at fault or whether the plaintiff was seriously injured. ...more

Products Liability? Prove It

by Nexsen Pruet, PLLC on

Under South Carolina law, a products liability case may be founded in several theories, including warranty. Regardless of the chosen theory, however, a plaintiff must establish (1) he was injured by the product; (2) at the...more

Sixth Circuit Expands Air Carrier Liability Under the Montreal Convention: How Should Air Carriers Respond?

by Benesch on

In Doe v. Etihad Airways, No. 16-1042 (6th Cir. Aug. 30, 2017), the United States Court of Appeals for the Sixth Circuit radically altered the scope of an air carrier’s liability under the Montreal Convention, the...more

Rehearing Sought of Sixth Circuit’s Montreal Convention Holding on Recoverability of Mental Injuries

by Holland & Knight LLP on

Defendant-appellee Etihad Airways recently petitioned the U.S. Court of Appeals for the Sixth Circuit for panel rehearing and rehearing en banc of Doe v. Etihad Airways, P.J.S.C., a decision by a panel of that court that...more

Open and Obvious Dangers; New Evidence Submitted in Reply Briefs

by Low, Ball & Lynch on

Jacques Jacobs, et al. v. Coldwell Banker Residential Brokerage Company - Court of Appeal, Second District (July 25, 2017) - Defendant Coldwell Banker Residential Brokerage Company (Coldwell) marketed for sale a vacant,...more

Diving In: Your Company Is More Than Your Employee Handbook

by Shipman & Goodwin LLP on

Yesterday, I made a spectacular dive. Unfortunately, it was not in a pool. It was in the middle of the street....more

Not for Bermuda Only—"Bermuda Form" Pollution Insurance for Hurricanes Harvey and Irma

by Jones Day on

If your company has insurance under the so-called "Bermuda Form" of liability insurance, it might have coverage for property damage or personal injury that otherwise might be excluded by a pollution exclusion. But prompt...more

Can you sue a Health Care Facility for “Non-Medical” Negligence?

Woodland Hills personal injury attorney Barry P. Goldberg is asked this question with great frequency— what happens when you are injured at a health care facility? It is not uncommon for patients to fall while at the...more

I Tried the Case and Won (Twice) - So What Did I Do Wrong?

by Sands Anderson PC on

In the spring of 2014 I tried a case to a jury in one of the circuit courts in the Richmond, VA metropolitan area. I represented a truck driver and his corporate entity in a lawsuit that had been filed against him by a young...more

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