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Category Archives: Personal Injury

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 »

Pet Therapy Volunteer Not an Employee of Kaiser Permanente for the Purposes of Vicarious Liability

By Jean-Simon Serrano |

In a recent case, the plaintiffs’ son was killed when he was struck by a vehicle driven by a Kaiser Permanente pet therapist as the therapist was driving home from the facility where he was volunteering. Plaintiff parents sued defendant hospital for the acts of its volunteer pet therapist under the theory of respondeat… Read More »

Even If It’s Not Me

By Richard Irwin |

If you have sustained a work-related injury of any significance, take the time to talk to an attorney who handles workers’ compensation cases–preferably a California State Bar Certified Specialist. Certainly it’s easy for an attorney to recommend getting an attorney to help you with your case because, after all, don’t they make money doing… Read More »

Pet rat carries bacterial infection which kills 10 year-old child

By Jean-Simon Serrano |

Imagine that you buy a pet rat for your 10 year-old son from a major pet store chain.  Shortly thereafter, your son contracts a rare bacterial infection from the rat and dies due to complications related to the infection.  Can you prevail in a suit against the store that sold you the rat which… Read More »

Homeowner Control over Tenant Marijuana Growing Operation

By Dennis Stout |

A recent case touched upon an interesting question: Will Homeowners insurance apply if your tenant’s grow operation ends up burning the place down?  It should be noted that the ruling is very specific to the facts of the case and should not be interpreted as a blanket ruling or finding as to this question…. Read More »

Road Hazards and Auto Accidents

By Richard Irwin |

You were driving along, minding your business as usual, when you encountered a road hazard and got into an accident. Now, your vehicle is damaged, and you’re experiencing physical pain as well. Maybe you even hit someone else and now you’re faced with paying their medical bills as well. Don’t worry – depending on… Read More »

Lyft not Responsible for Negligence of Off Duty Lyft Driver in Lyft-Rented Vehicle

By Jean-Simon Serrano |

In a recent case (Marez v. Lyft, Inc. 2020 Cal. App. LEXIS 360), plaintiffs filed suit against an employee and his employer, a ridesharing company, after the employee, driving a vehicle rented through the employer’s “Express Drive program,” struck plaintiffs’ vehicles and caused significant injuries. The trial court rejected plaintiffs’ argument that the employer… Read More »

DENIAL OF INSURANCE COVERAGE AFTER AUTOMOBILE ACCIDENT

By Dennis Stout |

You have complied with the financial responsibility laws of the State of California by purchasing automobile insurance in case of an accident. You then become involved in an accident, submit your claim to your insurance carrier, only to be told that they are now denying coverage to you for the motor vehicle accident. How… Read More »

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