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Category Archives: Personal Injury

Employees Required to Receive COVID-19 Vaccine?

By Dennis Stout |

Although for most of us, it will be some time in the future before we can receive the Covid-19 vaccination, we must ask ourselves if we must be vaccinated to keep our jobs? Historically, vaccinations have been required at work places, schools and daycare centers for other medical conditions/issues. What about now? On December… Read More »

Negligent Infliction of Emotional Distress and Modern Technology

By Jean-Simon Serrano |

A recent case, Ko v. Maxim Healthcare Services, Inc. (Dec. 23, 2020, No. B293672) ___Cal.App.5th___ [2020 Cal. App. LEXIS 1222, touches on Negligent Infliction of Emotional Distress and how this type of claim may be evolving in the modern era. Thing v. La Chusa, (1989) 48 Cal. 3d 644, is the governing case for NIED… Read More »

Hockey Player Responsible for Injury to Other Player?

By Jean-Simon Serrano |

In general, persons have a duty to use due care to avoid injury to others, and may be held liable if their careless conduct injures another person. This general rule, however, does not apply to co-participants in a sport, where conditions or conduct that otherwise might be viewed as dangerous often are an integral… Read More »

MICRA ON 2022 BALLOT

By Dennis Stout |

In 1975, then Governor, Jerry Brown, signed into law the Medical Injury Compensation Reform Act (MICRA). MICRA placed a limit of $250,000.00 on non-economic damages, so called “pain and suffering” damages in actions filed for medical negligence. Since 1975 there have been multiple attempts to modify the law, to increase the potential damages for… Read More »

CAN I GET EMERGENCY ROOM CARE AND TREATMENT?

By Dennis Stout |

In many instances, an injured person’s first contact with the medical aspect of a personal injury or medical malpractice case is through the emergency room at a local private or public hospital.  Whether the patient presents with or without insurance, with or without identification, or with or without funds to pay for medical services,… Read More »

Can Cremation Services be Held Responsible for Mishandling of Pet Remains?

By Jean-Simon Serrano |

Can Cremation Services be Held Responsible for Mishandling of Pet Remains?  This was one of the questions recently taken on by the California Court of Appeal for the Fourth District in Levy v. Only Cremations for Pets, Inc. (Nov. 6, 2020, No. G057888) _Cal.App.5th_ [2020 Cal. App. LEXIS 1056.) The Levy family sued defendants,… Read More »

Does the operator of a music festival owe a duty of care to its patrons to provide medical care?

By Jean-Simon Serrano |

Does the operator of a music festival owe a duty of care to its patrons to provide medical care?  That’s the question recently taken up by the Court of Appeals for the Second District. While at Live Nation’s 2015 “Hard Fest,” which took place at the Pomona Fairplex, Katie Dix, a festival-goer, ingested an… Read More »

DO DOCTORS STILL SEE THEIR “PERSONAL INJURY” PATIENTS DURING THE PANDEMIC?

By Sara Morgan |

In the realm of personal injury litigation in California, the effect of the pandemic will be most harshly felt by plaintiffs, the parties that suffer physical and financial harms as a result of another’s negligence.  Also sometimes referred to as “claimants” or “victims”, plaintiffs bear the burden of showing proof of these harms to… Read More »

Primary Assumption of the Risk and Off Leash Dogs

By Jean-Simon Serrano |

An interesting case was recently heard by the Court of Appeal which dealt with primary assumption of the risk and a person injured at a park that allowed dogs to roam “off leash.” In Wolf v. Weber, the plaintiff was injured when an off leash dog collided with her, knocking her to the ground. … Read More »

Corona Virus and the Mediation Process

By Dennis Stout |

The Corona virus pandemic has caused significant delays in judicial proceedings, especially trials in pending cases. The lack of trials as an ultimate resolution to a case has led to increased opportunity for mediation/settlement procedures; however, the process of remote or on-line mediation/settlement conferences is still evolving. One of the primary concerns in remote… Read More »

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