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Primary Assumption of the Risk in “Sports” Cases

By Jean-Simon Serrano |

Since the landmark case, Knight v. Jewett (1992) 3 Cal 4th, 296, it has been held in California that the primary assumption of risk doctrine applies to those whom participate in sports. The Knight case involved a group of friends playing touch football during half time of the 1987 Super Bowl. While jumping up… Read More »

Are Mediation and Arbitration Available for California Personal Injury Suits?

By Dennis Stout |

In the family law sphere, mediation and arbitration are commonplace as both methods of alternative dispute resolution (ADR) operate to help quarreling parties narrow the issues that need to be considered by the court. While each method of ADR differs slightly from the other, both can generally save litigants time and resources. These same… Read More »

Swimming Pool-Related Lawsuits

By Richard Irwin |

When Californians do not have quick and easy access to the beach, the next best way to cool off on a hot summer’s day is to take a plunge in your own pool or the pool of a neighbor or friend. For many, great summer memories are created around the pool; for a few,… Read More »

Calculating Economic and Non-economic Damages in Your Personal Injury Case

By Sara Morgan |

A successful California personal injury lawsuit is not ready to be concluded unless and until the injury victim has quantified the amount of damages suffered. This includes calculating the amount of economic as well as noneconomic damages incurred as a result of the personal injury accident. Initial pleading documents may only be able to… Read More »

SMOKELESS TOBACCO LITIGATION

By Dennis Stout |

The family of Hall of Fame baseball player, Tony Gwynn, has filed a wrongful death lawsuit against smokeless tobacco giant, Altria Group (formerly known as Philip Morris), as well as others, alleging the use of smokeless tobacco throughout Gwynn’s professional baseball career, and after, was the cause of his death. Tony Gwynn died in… Read More »

Peripheral Nerve Injuries Following California Personal Injury Accidents

By Sara Morgan |

The peripheral nervous system of the human body is a marvelous thing: Various signals and inputs are transmitted from the body’s extremities to the brain so that we are better able to comprehend and interact with our environment. This includes letting our brain know when our hands and/or feet experience painful or unpleasant sensations…. Read More »

SOME “PEARLS” FOR INJURED WORKERS

By Richard Irwin |

Here are some things you should know and should consider if you file a Workers’ Compensation case as a result of a work-related injury: If you are physically and/or emotionally able to continue working without aggravating your injury or causing more harm to yourself–do so; A workers’ compensation settlement will not make up for… Read More »

How Courts Treat Silence in Response to Motions

By Richard Irwin |

Once a California personal injury lawsuit is initiated, it is common for each party to exchange one or more motions during the discovery and pretrial phase. These motions may request the other party produce certain evidence, may seek a final ruling on the merits of the suit and rights of the parties, and/or ask… Read More »

Medical Malpractice: Majority Of Republicans Favor Increasing Micra Limits

By Sara Morgan |

California enacted the Medical Injury Compensation Reform Act, known as MICRA, in 1975 to combat concerns over the availability and rising price of medical malpractice insurance. This Act established a limitation, or cap, of $250,000 on the amount a person could recover for any pain, suffering, distress, anguish, and loss of quality of life… Read More »

Causation Issue Causes Idaho Personal Injury Victim to Lose Case

By James Heiting |

One of the basic elements of every negligence case is “causation.” In other words, in order for an injury plaintiff to prevail against a defendant and obtain a monetary judgment from the defendant, the injury plaintiff must prove that the defendant’s careless behavior caused the victim’s injuries. If the plaintiff is not able to… Read More »

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