Negligence

Malpractice Can Result In A Negligent Death Lawsuit

by The Law Offices of Michael A. Kernbach, P.C. on 5/23/2013

People can make mistakes. However, when we use poor judgment that results in an injury to another person, then the law holds us accountable....more

Trustee Empowered To Void Foreclosure Sale Where Error Discovered Before Delivery Of Trustee’s Deed

by Tara C. Narayanan | Miller Starr Regalia on 5/22/2013

California’s Supreme Court affirmed a trustee’s right to void a non-judicial foreclosure sale based on mistakes in the foreclosure process discovered before delivery of a trustee’s deed to the successful bidder. ...more

Woman Injured by Falling Coconut Tree Files Negligence Suit

by Cronin, Fried, Sekiya, Kekina & Fairbanks on 5/16/2013

Late last year, Hawaii News Now reported that a woman injured by a falling coconut tree in Kuklo Beach Park filed a negligence suit against the city of Honolulu. The coconut tree crashed into the roof of a restroom and as a...more

Missouri Court Rejects Attempt to Plead Conversion into Coverage through Negligence Counts

by Kathryn Metz | Sedgwick LLP on 5/13/2013

In Allen v. Cont’l W. Ins. Co., 2013 WL 1803476 (Mo. Ct. App. April 30, 2013), the Missouri Court of Appeals found that a Commercial General Liability (“CGL”) insurer had no duty to defend its insureds, a title loan company...more

When Should I Hire A Personal Injury Attorney?

by Law Office of Paul B. Genet on 5/13/2013

On a routine shopping trip to Wal-Mart, a Port St. Lucie man had a freak accident. A sign fell down from an improperly assembled display, and it cause Tom Papakalodoukas to slip....more

Is That Covered? Tanker Fire

by Michael R. Kelley | McNees Wallace & Nurick LLC on 5/13/2013

On May 9, 2013, a tanker truck carrying thousands of gallons of diesel fuel, overturned and caught on fire on a ramp near Interstate 81 and route 322 in Harrisburg....more

San Diego Personal Injury Attorneys discussing Motorcycle Accident Law

by Mitchell | Gilleon Law Firm on 5/10/2013

Fighting for Your Legal Rights - San Diego is a community that's made for motorcycles. The weather is generally amenable to such modes of transportation, and being able to maneuver through traffic is an advantage to...more

NFL Concussion Lawsuits in Philadelphia

by The Rothenberg Law Firm LLP on 5/2/2013

Earlier this month, a federal court in Philadelphia heard arguments about concussions in the National Football League (NFL). More than 4,100 plaintiffs, who are part of 222 consolidated lawsuits, are at the beginning of the...more

Effective Use of Experts

by Tyler Kaczmarczyk, Peter Kryworuk | Lerners LLP on 5/2/2013

The importance of expert opinion evidence in medical negligence litigation is well recognized. In Bafaro v. Dowd , Carpenter-Gunn J. states: Due to the specialized knowledge of the medical profession, expert evidence...more

Wrong-Site Surgeries Are Real and Not Uncommon

by Gelman Gelman Wiskow & McCarthy LLC on 5/2/2013

Most people expect that a physician operating on the wrong body part — or on the wrong person — is a rare occurrence. However, wrong-site surgeries are more common than you think. A 2010 study reported by CNN found that...more

When Your Child Has Been Injured Or Killed In An Accident

by Stipe, Harper, Laizure, Uselton, Belote,... on 4/30/2013

When a child is injured or killed in an accident caused by negligence, parents are often emotionally distraught and unsure about the best course of action. Aside from seeking immediate medical attention for the injuries your...more

Claims Of Medical Malpractice From Birth Injuries

by Tate Law Group, LLC on 4/29/2013

According to the National Healthcare Quality Report, more than six birth trauma injuries occur for every 1,000 live births. More alarming is that significantly more birth injuries occur in large hospitals compared to small...more

Newly Enacted Legislation Rewrites Florida's Rules on Individual Design Professional Liability

by James Ramsey, Monte Starr | Holland & Knight LLP on 4/29/2013

A new law will soon go into effect in Florida that will impact anyone doing business with design professionals in that state. ...more

San Diego Personal Injury Lawyers Helping Those Injured by Intentional Acts

by Mitchell | Gilleon Law Firm on 4/25/2013

When people hear about someone filing a California personal injury lawsuit, most consider the possibility that the defendant acted in a negligent manner and that the result of this negligent conduct was that the plaintiff was...more

Act of God or Negligence?

by Demas Law Group on 4/23/2013

What Is An “Act of God?” You may have heard certain events such as lighting, a hurricane, a tornado or an earthquake referred to as an “act of God” by insurers or others who could be responsible for damages. What does...more

Focused on Franchise Law - April 2013

by Barry Kurtz on 4/17/2013

In This Issue: Barry Kurtz and Bryan Clements Featured in Bar Association Publications; Franchisor 101:Out of Control - Franchisor Not Liable For Franchisee's Negligence; and, Franchisee 101: Improper Termination May Be A...more

Riddell Found Negligent In Relation To Football Player's Injuries

by Johnston, Moore & Thompson, Huntsville... on 4/15/2013

One 17-year-old high school student had a life not that different from many other high school football players in Alabama. However, this football player's end is far more tragic than most, but sadly no longer becoming a rare...more

Drowning in a Sea of Tort: The Florida Supreme Court Reels in the Economic Loss Rule

by April Boyer, Stephanie Moot | K&L Gates LLP on 4/10/2013

On March 7, 2013, the Florida Supreme Court in Tiara Condominium Assoc., Inc. v. Marsh & McLennan Companies, Inc. expressly limited the application of the economic loss rule to products liability cases. 2013 WL 828003 (Fla....more

Appeals Court Rules That Train Accident Lawsuit May Proceed

by Samster, Konkel & Safran, S.C. on 4/9/2013

On Memorial Day 2009 in Elm Grove, Wisconsin, a train struck a vehicle that was stopped on railroad tracks because of heavy traffic from a holiday parade. A father and a police officer who were trying to remove a young child...more

Scripts - April 2013

by Kenneth L. Burgess, Kevin M. Ceglowski, Elizabeth Johnson, Jennifer G. Parser | Poyner Spruill LLP on 4/8/2013

In This Issue: - Key Provisions In the Final Omnibus HIPAA/HITECH Rules and What They Mean for You - NLRB and EEOC May Target Employer Efforts to Keep Employees Quiet During Internal Investigations -...more

Carnival Cruise Class Action Lawsuit

by Lanier Law Group, P.A. on 4/8/2013

The owner of the incapacitated Carnival Triumph is getting hit by lawsuit after lawsuit, including a class action lawsuit seeking for stranding more than 3,000 passengers for five days on a ship without electricity or...more

Appellate Notes: Week of April 1, 2013

by Edward McCreery III | Pullman & Comley, LLC on 4/3/2013

In This Issue: - AC33703 - Sigular v. Gilson - AC33557 - Filippelli v. Saint Mary’s Hospital - AC34524 - Capel v. Plymouth Rock Assurance Corp. - AC34221 - Nichols v. The Milford Pediatric...more

Sticky Situations in Trial

by Miles Cooper on 4/3/2013

Originally published in Forum magazine, September/October 2012. I have been asked to share how I have managed to escape sticky situations during trial. Let me give two examples. Put away your written notes...more

Is That Covered? Cumis Counsel (March, 2013)

by Michael R. Kelley | McNees Wallace & Nurick LLC on 4/2/2013

Let's say that you or your client is sued for breach of contract and negligence. You send the suit papers to the general liability insurer and it agrees to defend the claim, but under a "reservation of rights." The basis of...more

Accidents Happen — Even On Vacation

by Trecker & Fritz on 4/2/2013

Tourism is big business in Hawaii. People from all over the world want to spend their holiday in Hawaii. The people of Hawaii want to provide these visitors with a high quality vacation experience. But sometimes accidents...more

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