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GUILTY OF A CRIME – ADMISSIBILITY IN A CIVIL CASE

By Heiting & Irwin |

An adverse party cited or charged with a crime, which resulted in personal injury claims for damages, can result in determining an important element of the civil case. Generally, a defendant in a criminal matter may plead guilty or no contest, as opposed to denying the charges. Guilty and no contest pleas can be… Read More »

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Road Hazards Caused an Accident. Who Is Responsible?

By Heiting & Irwin |

You were driving when you encountered a huge piece of debris in the road. You had to quickly swerve to avoid it, and you ended up getting into an accident. Or, maybe you were driving and you came to an intersection but didn’t see a hidden or absent stop sign. Instead of stopping, you… Read More »

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I Was Hit While Crossing the Street… Now What?

By Heiting & Irwin |

Every seven minutes, a pedestrian is injured in a traffic accident, and every two hours, a pedestrian is killed in a traffic accident. California is known for its heavy traffic, and it isn’t necessarily the safest place for pedestrians. If you, or a loved one, were hit crossing the street, now you need to… Read More »

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What Happens When You Get Injured During Summer Activities?

By Heiting & Irwin |

Summer is a time for fun in the sun. But your day out with your family or friends can quickly turn sour if you get injured. If you are wondering what happens when you get injured during summer activities and what next steps you should take, you’ll need to do your research and/or then… Read More »

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ARE YOU LICENSED? BY THE STATE OF CALIFORNIA? DON’T JUST LEND YOUR VEHICLE TO ANYONE

By Heiting & Irwin |

A recent ruling out of the 4th District Court of Appeals here in California held that vehicle owners are required to inquire about the license status of someone before letting them operate their vehicle.  In the case, identified as McKenna v. Beesley, Plaintiff McKenna was injured when driver Ronald Wells ran a red light. … Read More »

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Negligent Entrustment and an Owner’s Duty to Inquire Whether Permissive User has a License

By Heiting & Irwin |

Let’s say you lend your car to someone for the day.  Do you have a duty to ask them if they have a valid license? YES! Vehicle Code § 14604(a) states: No owner of a motor vehicle may knowingly allow another person to drive the vehicle upon a highway unless the owner determines that… Read More »

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No MSJ Continuance without Showing of Diligence

By Heiting & Irwin |

Recently, in Braganza v. Albertson’s LLC (July 29, 2021, No. E073073) ___Cal.App.5th___ [2021 Cal. App. LEXIS 620], the plaintiff sued defendant for personal injuries and other damages she sustained as a result of slipping and falling on the floor of defendant’s grocery store. The trial court granted defendant’s motion for summary judgment after denying plaintiff’s… Read More »

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Federal Tort Claims

By Heiting & Irwin |

The Federal Tort Claims Act (FTCA) describes the procedure for handling claims against the United States, a government employee, or other governmental entity for a negligent act or omission. The FTCA permits private parties, contrary to the doctrine of Sovereign Immunity, to sue the United States in Federal Court for most torts committed by… Read More »

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Long-Term Care and Conditions Related to Burn Injuries

By Heiting & Irwin |

When you suffer from a burn injury, you may face a long road ahead in order to fully recover. Complications could occur and you might end up dealing with much more than the initial burn. By learning about long-term care and conditions related to burn injuries, you can decide the next steps you should… Read More »

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Statute of Limitations for Minors – Calculating Tolling

By Heiting & Irwin |

In most instances, the statute of limitations is tolled for minors until they reach the age of majority.  A recent case (Shalabi v. City of Fontana (July 12, 2021, No. S256665) ___Cal.5th___ [2021 Cal. LEXIS 4762]) deals with some specific details regarding how the tolling is calculated in most instances. On May 14, 2011,… Read More »

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