Category Archives: Uncategorized
Elder Abuse Defined/Constrained
In the recent case, Winn v. Pioneer Medical Group, Inc. (May 19, 2016, No. S211793) 2016 Cal. LEXIS 3432, the Supreme Court of California has defined boundaries for Elder Abuse claims. Ms. Cox, an elderly patient, sought treatment for painful vascular symptoms in her feet and legs. In January and February 2007, Mrs. Cox’s… Read More »
New expansion of MICRA
I’ve written before about the Medical Injury Compensation Reform Act (MICRA). A law introduced in the 1970s which, among other things, capped the general damages (pain and suffering) for medical malpractice cases at $250,000.00. It also shortened the amount of time you have to bring against a medical provider from the standard 2 years… Read More »
FACIAL DOG BITE WOUNDS
When dealing with a facial dog bite case, there are a few factors that can be quite important in the overall outcome of the case, separate and apart from establishing liability (responsibility, negligence, carelessness, etc.) of the dog owner. It is very important to have photographs taken at various stages of the dog bite… Read More »
WORKERS’ COMPENSATION: FAMILY MEMBERS CAN BE PAID!
In certain serious Workers’ Compensation cases, it is possible to have family members (usually the injured worker’s spouse) paid to take care of the injured worker. Typically this requires a physician to recommend some form of nursing care and/or Home Health care. If it is determined that the Workers’ Compensation insurance carrier will or… Read More »
Court of Appeals Addresses Whether Liens Must be Negotiated Prior to Providing Plaintiff’s Counsel with Settlement Funds
A new case has addressed an issue that has long been an annoyance of plaintiff’s attorneys. The case is Karpinski v. Smitty’s Bar, Inc.(2016) 2016 Cal App LEXIS 277. Mr. Karpinksy was the victim of a serious beating while on the Smitty’s premises. After filing suit, the case settled at mediation on May 5,… Read More »
IS A SWISS ARMY KNIFE A WEAPON?
The California Supreme Court heard oral arguments within the last week in a case in which a defendant received an enhanced sentence for possessing a multi-tool Swiss army knife at the time of a traffic stop. During the traffic stop, the Swiss army knife was discovered in the defendant’s pocket, with the blade allegedly… Read More »
Forest Ranger Gets Burned
Puskar, a forest ranger at Yosemite National Park was severely burned while living at County provided housing. As part of his job, Puskar was required to stay at the park while working as a ranger. He rented a residential unit from the County – a public entity. The County, whom rented the living units… Read More »
I DIDN’T DO IT! IT’S THE CAR’S FAULT!
News is circulating about an auto accident caused, at least in part, by on of Google’s self-driving cars. A report filed by Google indicated that the crash, which took place in Mountain View, California in mid-February, occurred when the self-driving car tried to get around some sandbags, colliding with the side of a bus… Read More »
Primary Assumption of the Risk Strikes… Again!
I’ve written in the past about the primary assumption of the risk doctrine and how it has been greatly expanded over the years. You can read that article here. Recently, the Court of Appeal for the Fourth Appellate District has revisited the limits of this issue. The case is titled, Griffin v. The Haunted… Read More »
COLLEGE STUDENTS BEWARE!
It is always a difficult task to find liability of a third party or entity for the unanticipated criminal conduct or actions of another. The reason for this is the very premise that the conduct is not known to or anticipated by the party. The 2nd District Court of Appeal has now taken this… Read More »
