A woman injured in an auto accident tried an unusual technique to expand her possible recovery from an insurance company. She argued that, although her injuries occurred after one single-vehicle crash, they were the result of two separate and distinct acts of negligence and, as a result, arose from two…
Articles Posted in Personal Injury
Jury Verdict Holding Driver Not Liable for Crash Survives Despite Improper Testimony
Assessing fault in multi-vehicle crashes, especially those on multi-lane freeways, can be particularly challenging. The driver who creates a chain reaction of danger and harm may not be physically involved in the accident at all, and pinning causation on a driver not involved in an accident is often very difficult. This…
California Appellate Court Wrong for Allowing Prejudicial Evidence of Crash Victim’s Marijuana Use
People on trial for civil wrongs like negligence are entitled to present a vigorous defense. This often includes attempting to shift some or all of the blame for to the injured person. However, the law, while allowing the accused to present a defense, prohibits using evidence that is more likely to…
Injured Trucker, Passenger Can Use Doctors, Not Unpaid Bills to Establish the Value of Medical Services
A trucker and his passenger received good news and bad news from their appeal of a trial court ruling in their personal injury lawsuit. According to the California Court of Appeal, the pair, who were injured when rear-ended by another trucker, could use the testimony of their doctors to establish…
Law Does Not Require ‘Big Box’ Store to Keep Defibrillator on Hand in Case of Cardiac Emergencies, Supreme Court Rules
A shopper’s sudden death from cardiac arrest inside a ‘big box” store in southern California triggered an important lawsuit analyzing the extent of businesses’ obligations to take precautionary steps to ensure the safety of their customers. Even though paramedics might require extra time to reach a shopper suffering a cardiac…
Trucker Potentially Liable for Teen Driver’s Injuries Due to Illegal Parking Stop
Two teens injured in a vehicle accident with a truck along a southern California highway received a renewed opportunity to recover for the injuries they suffered when the California Court of Appeal decided that the trial court wrongfully placed the fault for the accident on the teen driver’s inattentiveness. The…
Pre-approved Agreement Caps Driver’s Liability at $100K
A driver found liable to the tune of $366,000 managed to escape the bulk of that financial hit thanks to an arbitration agreement that both drivers approved prior to beginning binding arbitration. Both drivers had agreed, in the event of an arbitration award exceeding $100,000, that the injured driver would…
Family Allowed to Pursue Hospital on Claim that It Placed Living Woman in Morgue Freezer
A family whose elderly relative may have died horrifically inside a Southern California hospital received a reprieve in their legal action against the hospital. A California appellate court concluded that the family did not wait too long to accuse the hospital of wrongful death for erroneously placing the woman in…
Auto Maker Agrees to $1.2B Settlement to End Federal Probe of Defective Vehicle Accelerators
An auto manufacturer, beset by multiple claims and investigations regarding a defect in its vehicles that caused them to accelerate uncontrollably, has settled with the federal government to end a criminal investigation into its practices, FOX 5 San Diego reported. The investigation, initially triggered by a multiple-fatality accident in Southern…
Family Receives Multi-million Dollar Damages Award Against Parts Maker After Man’s Asbestos-Related Death
A brake part manufacturer’s liability to a repairman and his family for injuries the man suffered sadly evolved, after the man’s death, into a second case to determine the amount of damages the manufacturer owed the family for the worker’s wrongful death. In a January 2014 trial, an Alameda County…