Month: April 2015

CHP’s “Survive The Ride” Motorcycle Safety Campaign

CHP’s “Survive The Ride” Motorcycle Safety Campaign The California Highway Patrol (CHP) has recently issued a press release regarding their “Survive The Ride” motorcycle safety campaign. They are teaming up with the Office of Traffic Safety (OTS) to promote safety, education and increase awareness during Motorcycle Safety Awareness Month. In addition to more traditional safety and enforcement efforts, the CHP is going to participate in three major motorcycle events to promote and increase safety for riders across the state. The Facts on Motorcycle Crashes in California In 2013, motorcycle crashes resulted in 475 fatalities. 13,143 people were injured in motorcycle crashes in 2013. In 2012, 467 people were killed in motorcycle crashes. There were 12,617 injured victims due to motorcycle wrecks in 2012. Motorcyclists made up approximately 14 percent of all vehicle-related fatalities in 2013. Motorcycle…

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International Day of the Midwife 2015: a celebration of the work of the midwifery profession, 5th May 2015

Midwives will today (05 May) ask the world to celebrate the midwifery profession to mark International Day of the Midwife 2015.

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Death at Work: Workers’ Comp or Wrongful Death Claim?

Prosecutors charged Bumble Bee Foods and two managers after a worker was cooked to death in an industrial oven along with six tons of tuna. Plant Operations Director Angel Rodriguez and former safety manager Saul Florez could face 3 years in prison and the Bumble Bee could pay $1.5 million in fines for violating workplace safety standards. But what about the family of the man who died, Jose Melena? Does workers’ compensation cover death in the workplace? Or will survivors need to file a wrongful death claim? Death Benefits Melena, 62, was killed in 2012 and left behind six children and seven grandchildren. California’s workers’ compensation system, like that in many other states, provides death benefits to spouses, children, or other dependents if an employee dies in a work-related …

Car crash victim loses $50,000 for not doing ‘risky’ & ‘unpredictable’ shoulder surgery

Accident victim’s so-called ‘failure to mitigate damages’ reduces $150,000 pain and suffering verdict for a car accident by $50,000 What did car crash victim Richard Brehmer do that was so bad that it cost him $50,000? Well …  First, he had the “audacity” to opt out – with his doctor’s full knowledge and agreement – of a “‘somewhat risky’” and “unpredictable” second shoulder surgery that “could lead to a different pain and instability …” Second, without the benefit of any actual medical proof, Mr. Brehmer was suspected – by a physical therapist and a doctor who never treated or actually examined Mr. Brehmer – of questionable compliance with his in-home physical therapy exercises. Not exactly “crimes of the century,” right?  In fact, I believe …

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Essential Steps One Must Take Right after a Hit and Run Accident

The impediments of an auto accident end up compounding greatly if the driver immediately leaves the accident scene. Even though in the United States, it is illegal to do so, many drivers flee the scene of the accident knowing that they are at fault…By: Barry P. Goldberg, A Professional Law

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Alabama Legislature Says No to Innovator Liability

On April 29, 2015, the Alabama Senate passed a bill, SB80, “to provide that a manufacturer is not liable . . . for damages resulting from a product it did not design, manufacture, sell, or lease.” Sponsored by Senator Cam Ward, the bill supersedes…By: Morrison & Foerster LLP

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A Proper C.C.P. § 998 Offer to Compromise Must Apportion Amounts to Multiple Defendants

Woodland Hills Personal Injury Attorney Barry P. Goldberg is a major advocate of utilizing the California Code of Civil Procedure § 998 Offer to Compromise in every case. In fact, Mr. Goldberg calls the procedure the “Tactic of Champions” because it…By: Barry P. Goldberg, A Professional Law

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Illusory Economic Loss Theory Held “Absurd” – Class Action Dismissed

As anyone can tell from our class action scorecards (federal and state), plaintiffs have not done very well lately – lately being the last couple of decades – with class actions involving alleged injuries caused by prescription medical products….By: Reed Smith

Death of 10-year-old with developmental disabilities is suspicious, Wheat … – The Denver Channel

The Denver ChannelDeath of 10-year-old with developmental disabilities is suspicious, Wheat …The Denver ChannelDeath of 10-year-old with developmental disabilities is suspicious, Wheat Ridge police say. Phil Tenser, Lance Hernandez. 11:45 AM, May 7, 2015. 50 mins ago. lance hernandez | wheat ridge police | child death | developmental disabilities | chase street.Wheat Ridge police call death of developmentally delayed 10-year-old boy …The Denver PostWheat Ridge police investigating the death of a 10-year-oldFOX31 Denverall 9 news articles »

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Florida Jury Awards $2 Million Verdict in Tobacco-Related Wrongful Death Suit

On March 27, 2015 a team of Stark & Stark attorneys led by Shareholder Stephen A. Corr, Esq. obtained a $2 million verdict from an Indian River County, Florida jury in a wrongful death suit against Philip Morris USA Inc. and R. J. Reynolds Tobacco Company.  The verdict was a victory for widower Robert Gore, whose wife , Gloria, was a smoker for over four decades and suffered from carotid artery stenosis and later died of lung cancer. In awarding the verdict, the jury asserted that Gloria Gore was 54-percent responsible for causing the illness that killed, while also asserting the balance of responsibility split evenly between R.J. Reynolds and Phillip Morris.  The jury did not award any punitive damages, a reversal from an August 2014 mistrial after a jury …

Two-Year-Old Child Injured after Falling into Cheetah Habitat

According to a recent news article form Fox News Insider, a two-year-old boy was injured when fell into the cheetah exhibit at a zoo in Cleveland. Witnesses and zoo officials say the boy’s mother was dangling him over the cheetah enclosure when she lost her grip on the child and dropped him approximately ten feet into the pit. Once the boy hit the ground, his parents quickly entered the pit themselves and came to the aid of their son. Zoo officials said the cheetahs never came anywhere near the boy or his parents, and the animal caretakers were able to free the family from the Cheetah exhibit without any problems. The boy apparently suffered what zoo officials said was a minor leg injury as result …

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Read Insurance Policy as Drafted, Not as Insurance Company “Wishes It Had Drafted It”

Confronted with an ambiguity in its own insurance policy, an insurance company will sometimes attempt to rewrite its policy long after it first issued that policy. Last week, the Pennsylvania Superior Court again rejected such gamesmanship,…By: Reed Smith