“Vaguely slutty.” That’s how Craig Ferguson described some of the scantily-clad costumed females at a panel that the comedian moderated at San Diego Comic-Con 2014. And while Mr. Ferguson’s business is humor, and his comment can be taken with a measure of consideration, his words touch on something often glossed over in the comic book culture: the sexual objectification of women. Read the rest »
Hot Topics in Personal Injury Law
For those who bike or walk to work in San Diego, get ready for some big changes. City leaders released a draft of their Downtown Mobility Plan last month and it is being hailed as a “game changer” by advocate groups.
The city plans to spend upwards of $64 million in an effort to make downtown San Diego a much more hospitable place for biking and walking. The plan calls for roughly 9.3 miles of protected bike lanes, over 5 miles of pedestrian greenways, and various other structures to network the entire two mile area together. If implemented, the city hopes to see a significant boost in modest 18% of bikers and pedestrians that use downtown currently. Read the rest »
Now that Colorado and Washington have legalized the use of marijuana for recreational use and many other states have liberalized their marijuana laws, concerns have been raised as to whether marijuana-impaired drivers will contribute to a big increase in traffic deaths and injury accidents.
Studies have shown that marijuana can decrease peripheral vision, slow decision-making and impede multitasking. Some of these studies also show that drivers high on pot are less likely to engage in risky behavior while driving. They tend to drive slower, avoid erratic lane changes and allow extra space between themselves and another vehicle.
However, it has also been shown that drivers who are under the influence of both marijuana and alcohol tend to lose the heightened caution they may have exhibited while being high on pot only. In fact, the combination of the two substances is a potent brew that exponentially increases a driver’s impairment while on the road. Read the rest »
Many throughout the nation have already heard the shocking story:
A nurse refused to perform CPR on 87-year-old Lorraine Bayless that collapsed on the dining room floor of Glenwood Gardens, an independent senior living facility in California. The nurse stated that it was against company policy for any staff member to perform CPR. By the time paramedics arrived, Bayless had no pulse and reportedly died of a massive stroke. Read the rest »
15 years after the incident‚ the McDonald’s coffee case continues to be criticized and cited as an example of how an average citizen used a “frivolous” lawsuit to take advantage of America’s legal system. However‚ that story is far from the truth.
Director-producer Saladoff‚ who spent 25 years practicing law in the civil justice system representing victims of individual and corporate negligence‚ challenges the long-held belief that average citizens can take unfair advantage of the American legal system with their frivolous lawsuits that lead to “jackpot justice.” Read the rest »
We have previously written about the very important California Court of Appeals decision handed down in the case of Howell v. Hamilton Meats and Provisions‚ Inc. which clarified that the collateral source rule is still the law in California‚ thereby permitting injured people to recover the full amounts of their medical bills from the negligent party rather than just the amount “paid” by their insurance company via monetary payment. You can read a prior article and the Court of Appeals opinion here.
Now‚ after the California Supreme Court heard oral arguments during the appeal‚ it appears that the highest court in the state is poised to side with insurance companies and drastically limit or change the collateral source rule–for the benefit of negligent parties and their insurance companies. That is the exact OPPOSITE rationale for why the collateral source rule exists: the tortfeasor should not benefit for the foresight of the injured person in purchasing and then paying for health insurance prior to the accident‚ sometimes for years. Read the rest »
As a nationally recognized personal injury attorney‚ I receive a number of lawyer newsletters from law offices around California and the United States. I received one recently from Dallas personal injury lawyer Jeff Rasansky which had an article in it entitled‚ “Advocates or Ambulance Chasers.” It really struck me with it’s honesty and truth about the good that injury lawyers do…and the negative public opinion they commonly face.
It’s no secret that personal injury attorneys have a bad reputation in our society. We have all heard the various stereotypes and jokes about our profession. These stereotypes are not only false‚ but they are damaging to our legal system and society. The legal system is what people should turn to in their time of need. It is their last avenue for appeal and redress when private parties and the government will not act responsible for their negligent acts. And truth be told‚ the vast majority of personal injury lawyers are doing the right thing. People that are involved in a car accident‚ motorcycle accidents‚ or injured by a defective product turn to lawyers every day because they know that an attorney will represent their rights‚ and not those of an insurance company. Read the rest »
Personal injury trials are expensive‚ lengthy‚ and require a tremendous amount of resources from lawyers to the court to jurors. Finally‚ California may be on the verge of adopting another useful tool in the system to speed through certain cases to trial.
The legislature has enacted the Expedited Jury Trials Act‚ AB 2284‚ which provides several improvements that‚ for the right case‚ will speed up the trial process by allowing for:
- An eight person or smaller jury where six jurors need to agree on each element of the verdict
- A three-hour time limit for both sides to present their case cases
- A “high-low” damage agreement that sets a “floor” and a “ceiling” for the damages that a jury can award Read the rest »
Quite often‚ personal injury lawyers and trial attorneys are blamed by various tort reform groups and corporate interests as harmful to society. They argue that lawyers are leeches and take from their clients without giving anything good back to the community as a whole.
However‚ reality is another thing entirely. When individuals and businesses act carelessly and recklessly and injure other people‚ it is often personal injury attorneys who are on the front lines representing the victims and trying to help them get back on their feet and made whole. They hold BP‚ Goodyear‚ Toyota‚ and Ford accountable when their products damage the environment and cause numerous injuries. Meanwhile‚ corporate interests and misguided lobbyists do much to hurt the public all in the name of trying to curtail trial lawyers’ ability to obtain damages. Case in point: California’s MICRA law which limits damages in medical malpractice cases to $250,000 for pain and suffering. This amount has not changed in 35 years‚ despite the fact $250,000 has much less value due to inflation. Read the rest »
By now‚ everyone has heard of the famous McDonald’s Coffee Case in which Stella Leibeck‚ an elderly woman from Albuquerque‚ spilled hot coffee from the drive through of her local McDonald’s restaurant on her lap and then sued “because the coffee was hot” and won millions of dollars after a civil trial.
The McDonald’s Coffee Case has been mocked innumerable times by everyone from Seinfeld to Letterman and has spawned the “Stella Awards” for examples of outrageous lawsuits and runaway juries and verdicts. Read the rest »
Call the Jurewitz Law Group at (619) 233-5020 and begin your path to recovery with a no-cost consultation today.