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Tag Archives: injury

New Study Finds Drugged Driving More Prevalent than Drunk Driving

By Jean-Simon Serrano |

The California Office of Traffic Safety recently released results of a survey which found that the number of people driving under the influence of drugs is higher than the number of people driving under the influence of alcohol. The source of this finding is a survey of more than 1,300 motorists, conducted by the… Read More »

What is the Value of an Injured Pet?

By Jean-Simon Serrano |

In what seems to be a trend of new cases expanding the rights of pet owners, the Court of Appeal for the Second District recently ruled that the usual standard of recovery for a dead or injured pet (market value) is inadequate when applied to injured pets. The recent case, Martinez v. Robledo, (2012)… Read More »

WHAT TO DO AFTER A WORK RELATED INJURY

By Richard Irwin |

The general and safe response is that all injuries should be handled the same way, however, that methodology may not be practical in the course of your work day. Any injury that causes you to believe that you need the care of a doctor should be reported immediately. The person(s) that is considered your… Read More »

ARE LAWSUIT SETTLEMENTS TAXABLE?

By Dennis Stout |

The simple answer to the question regarding the tax consequences of a settlement claim is it all depends on the nature of the settlement! Generally speaking, settlement money received from cases involving personal physical injury or physical sickness can be excluded from taxation (IRS Code sect. 104(a)(2)). Certain other types of settlement awards, (considering… Read More »

IS THE EMPLOYER RESPONSIBLE FOR INJURIES THAT OCCUR ON THE WAY TO OR FROM A MEDICAL APPOINTMENT?

By Richard Irwin |

An employer bears the risk of incurring compensability liability under the California Workers’ Compensation Act for an injury suffered in route to or from a medical appointment related to an existing compensable injury. If an employee suffers a new injury while traveling a reasonable distance, to or from a medical appointment for an existing… Read More »

NOT IN MY CAR: WHY THE REPAIR SHOP WILL BE LIABLE FOR A JOY RIDE

By Sara Morgan |

A coffee-run to my local Starbucks (Brockton and Arlington) prompted my last article about the liability of an automotive repair or service shop for damage to a vehicle left in its care. Since posting my last article, I am happy to report that I have not seen any other mechanics using customer’s cars to… Read More »

VIRTUAL PRESENCE NOT SUFFICIENT BASIS FOR LIABILITY

By Sara Morgan |

The sender of a text message was granted summary judgment against plaintiffs in a New Jersey personal injury action in which the recipient, while reading that text message, sideswiped the motorcycle driven by the plaintiffs. The plaintiffs, a husband and wife who both lost their left leg in the collision, named both the driver… Read More »

The Duty to Disclose STDs — The One that Never Goes Away

By Richard Irwin |

In a recent local case [Behr v. Redmond, (2011) 193 Cal. App. 4th 517], the plaintiff sued the defendant for damages arising from the alleged tortious transmission of genital herpes. Essentially, the plaintiff alleged that the defendant committed fraud when he misrepresented to her that he was free of STDs, knowing this to be… Read More »

WHEN TO REFORM TORT REFORM

By Sara Morgan |

Reform. A positive-sounding word connoting improvement and enhancement, Webster’s defines “reform” as “an amendment of what is defective, vicious, corrupt, or depraved; a removal or correction.” However, you can have too much of a good thing, and unfortunately, tort reform supporters don’t often realize the negative effect their efforts may have upon the lives… Read More »

BEWARE OF EXCLUSIONS IN AUTOMOBILE INSURANCE POLICIES

By Dennis Stout |

Heiting & Irwin My office was recently contacted by a young woman on a clear liability, rear-end automobile accident. She was driving “her” vehicle (one of many insured by the family) and she assumed she was an insured driver. Wanting to immediately obtain a replacement vehicle (rental car) she contacted “her” insurance company, only… Read More »

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