FACT PATTERN ONE. The following facts are based on the case of Bedard v. Martyn [2009] A.J. No. 308

Size: px
Start display at page:

Download "FACT PATTERN ONE. The following facts are based on the case of Bedard v. Martyn [2009] A.J. No. 308"

Transcription

1 FACT PATTERN ONE The following facts are based on the case of Bedard v. Martyn [2009] A.J. No. 308 The infant plaintiff developed a large blood clot in his brain at some time either before or during the birthing process. As a result, the plaintiff suffered brain damage. The cause of this clot was unknown. There were various theories advanced, none of them indicating negligence on the part of the medical staff. The problem initially was not detected by the medical staff. Whether this failure of early detection was negligent or not was a disputed issue. One day after the birth, however, it was obvious that something was wrong with the baby. The attending doctors ordered that a lumbar puncture and an ultrasound be performed. The ultrasound was not immediately done. When it was, the clot was discovered and surgery was performed. The baby suffered serious permanent damage, including severe cerebral palsy, permanent neurological and intellectual impairment and seizures. The court held that the doctors initial failure to detect the problem was not negligent. The decision to do a lumbar puncture was negligent, but the court decided that it did not cause any additional injuries to the infant. The several hour delay however in doing the ultrasound after it was apparent that something was wrong with the baby was held to have been negligent. There are difficult causation issues presented in this case: The baby had suffered some permanent brain damage as a result of the formation of the clot even before the doctors determined that there was something wrong with the baby. Thus there was an injury suffered even before any of the medical staff had been negligent. This injury would have resulted in permanent losses to the baby. The delay, however, in performing the ultrasound allowed the baby s brain injury to worsen. Presumably the worsening of the injury resulted in more severe losses. 1

2 How should a court approach this case? One approach might be to say that the baby suffered two divisible injuries. The first injury was caused by the clot. The second injury was caused by the worsening of the initial injury which occurred due to the negligent delay. This then could be seen as a crumbling skull case. That is, there is an already degenerative condition which is exacerbated by a negligent act which worsens the existing injury, resulting in the defendant s liability only for the worsened condition. If this is the approach that is followed, who has the burden of proving that there was an initial injury worsened by a subsequent act of negligence, i.e. a crumbling skull? The crumbling skull is a theory which works to the defendant s advantage, because the plaintiff is arguing that the full injury should all be the defendant s responsibility, i.e. the injuries should not be divided into two parts. The defendant would first argue that the delay caused no additional injury, but if that argument is rejected, that it only increased the injury that already had been suffered. If the crumbling skull theory is accepted, how does the court determine which losses flowed from the initial non-negligent injury and which were added on by the subsequent negligent injury? Can the losses flowing from the two phases be practically separated? A second approach would be to say that the baby suffered only one permanent disabling injury, i.e cerebral palsy, neurological and intellectual impairment and seizures which were the result of two independent causes. The first cause was the non-negligently produced clot. The second was the delay in diagnosis and treatment. The two combined to produce the devastating end result. This would be an Athey v Leonati situation. Recall that in that case a pre-existing disability, two negligently caused car accidents, and exercise combined to produce a disc herniation. The Supreme Court held that the negligent motorists were fully responsible for the final result, despite the fact that other non-tortious causes combined with them to produce it. If this was the approach of the court in this case, the defendants would be responsible for the full injury and all losses and there would be no discounting of the award. 2

3 What did the trial judge decide? First, he decided that the lumbar puncture which should not have been performed did not, using a but for balance of probabilities approach, cause any additional injury to the plaintiff s brain. Second, he rejected the use of the Resurfice v Hanke material contribution test, as an alternative to the but for test, in so far as the negligent delay was concerned. The trial judge found that it was not impossible or even difficult to make a causal link between the negligent delay in ordering an ultrasound and injury to the plaintiff s brain. The evidence established this but for link on the balance of probabilities. Third, in the face of conflicting expert testimony, the trial judge held that the majority of damage had already occurred by the time the patient s condition was detected, but that a minority of the damage occurred after that time ( i.e in the period of the negligent delay). This delay caused some impairment. This additional damage was beyond de minimis. The court held that the plaintiff had the burden of proving that the delay resulted in more injury and that they proved this. The court held that the plaintiff did not have to prove the extent of this worsening. The trial judge conceded that the exact extent [was] impossible to calculate. Thus he arbitrarily set the figure at 25%. He stated that To put it another way, 25% of Logan s injuries were caused by the delay. The plaintiffs argued Athey. The trial judge understood the principle of Athey but did not consider this to be be a case of contributing factors to an indivisble injury, but independent factors leading to two divisible injuries. This was a crumbling skull case. The trial judge did say, however, that the nature of the injuries may well be indivisible but despite this the defendants were not required to compensate the plaintiff for the injuries which had already occurred prior to the negligence. Thus I would say that in this sense the injuries were theoretically divisible but as a practical matter indivisible. The court arbitrarily set the figure at 25% and awarded the plaintiff 25% of the agreed upon damages. 3

4 Questions: Do you agree that this was a crumbling skull case? Or was it an Athey case? Do you agree that the injuries were separable in theory, even though they could not be divided up in practice? Do you agree that the plaintiff need not prove the extent to which the injuries were worsened? What was the basis of a 75% discount? Even if the injuries were made more severe by an arbitrary figure of 25%, does this automatically mean that the losses which flowed from them also amounted to 25% of the total losses? Perhaps the losses would have been the same anyway - that is permanently disabling and the additional injury caused no additional loss? Or perhaps the added 25% injury accounted for more than 25% of the losses? Who has to prove this? What happens if it cannot be proved? 4

5 FACT PATTERN TWO The following facts are based on Ashcroft v Dhaliwal 2008 BCCA 352, affirming 2007 BCSC 533 The plaintiff was involved in a motor vehicle accident on October 27, The defendant driver was at fault for this accident. As a result of this accident, the plaintiff sustained soft tissue injuries to various parts of her body. The plaintiff was involved in a second car accident on October 20, The second accident was caused by the fault of the driver of the other car. The accident intensified the symptoms of pain which the plaintiff was still experiencing from the first accident. The injuries suffered in both accidents led to anxiety and depression. As a result the plaintiff was permanently and totally disabled from working. The plaintiff and the party responsible for the second accident settled their case. The plaintiff continued her action against the defendant responsible for the first accident. The principal issue in this case was whether the injuries suffered in both accidents were divisible or indivisible, and whether the settlement received in the second accident should be deducted from the global award of damages. These facts again raise the issue of whether the two accidents led to two divisible injuries or combined to produce one indivisible injury. If the plaintiff s anxiety and depression, i.e. psychological impairments, were caused by the combination of two successive tortious events, each tortfeaasor would be fully responsible for these injuries and their attendant consequences. However, if accident one caused some injuries with losses, and accident two caused more injuries, with more losses, the courts would have to determine which injuries and which losses ought to be attributed to which defendants. The trial judge held that the plaintiff s injuries were indivisible; that is the first motor vehicle accident not only caused the initial injuries, but contributed to the injuries resulting from the second accident as well. This conclusion was based on the fact that the plaintiff s initial injuries were not resolved by the time that the second accident occurred, the first accident made the plaintiff more 5

6 vulnerable to the second accident exacerbating these injuries, and the injuries which she suffered in the second accident were within the scope of this vulnerability. The trial judge referenced a number of judgments where this approach was followed. The trial judge reasoned that the first defendant should be 100% responsible for the losses suffered as a result of the two accidents. The facts of the case, however, raised another contentious problem. The plaintiff had already received a settlement amount from the second wrongdoer (about $315,000) towards payment of the plaintiff s global injuries (assessed at $400,000). The first defendant wanted this settlement amount to be deducted from the overall damage award in order to prevent the plaintiff from being overcompensated. Rather than dividing the fault for the injuries between the two parties, as contemplated by the B.C. Negligence Act and ordering the first defendant to pay damages according to his degree of fault, without regard to the settlement amount already received, the trial judge was prepared to deduct the settlement amount from the global award, leaving the first defendant only responsible for the difference. Had the trial judge decided that the two successive accidents caused divisible injuries, and that the first defendant should only be responsible for the first accident and those losses which resulted from these injuries, another approach would have had to be followed. The dilemma would have been to determine which losses flowed from the first injuries and which from the second. The issue becomes complicated because in these types of cases, different injuries might produce similar types of impairments with overlapping losses. The case of Long v Thiessen (1968), 65 W.W.R. 577 (BCCA) provides a solution to this type of problem. The plaintiff s losses resulting from the injuries caused by the first tortfeasor in the first accident are calculated as of the day prior to the occurrence of the second accident. If the second accident s injuries do not exacerbate these losses but overlap with them, then under Long v Thiessen, the first wrongdoer still remains fully liable for these losses. This is based on the principle that the second wrongdoer takes his victim as he finds him. If the victim is already suffering the losses which would normally have been caused by the second accident s injuries, this works to the advantage of the second wrongdoer. If the losses that the plaintiff suffers, however, are increased by the occurrence of the second accident, then the second wrongdoer should pay these additional 6

7 damages. The second wrongdoer implicitly has caused additional injuries with additional attendant losses. Unless these additional injuries could be traced back to the first wrongdoer in a legally relevant way, they are not the responsibility of the first wrongdoer. The Court of Appeal affirmed the trial judge s result, and made the following points: First, the court must distinguish between the rule of causation from that of legal responsibility for damages. Here both torts were causes of the plaintiff s injuries. Both tortfeasors were accordingly fully liable for the consequences ( losses ) which flowed from them. If apportionment were to be made, it would only be made based on apportionment under the Negligence Act. It would be based on degrees of fault ; not on responsibility for losses. Second, the Court of Appeal stated that even though the tortfeasors remain fully liable to the plaintiff for its losses, they can apportion these losses between themselves, based on either attributing an arbitrary portion of them to the two successive wrongdoers, or by using the devaluation approach of Long v Thiessen. In its discussion, however, I think the Court of Appeal errs in confusing the apportionment of fault issue made for the purpose of liability under apportionment statutes, and the division of responsibility for losses made on the basis of which losses were caused by which injuries. The Court of Appeal viewed the Long v Thiessen approach as applicable to cases where two tortfeasors cause an indivisible injury. The Court saw it as a method of attributing responsibility for the losses flowing from the injuries to the wrongdoers responsible for causing them. For example, the Court stated at para. 11: Effectively, the trial judge assessed the damages flowing from the indivisible injury, then apportioned those damages between the two admitted tortfeasors, attributing 70% of the total loss to the first tort. As stated above, in my view the Long v Thiessen devaluation approach is only applicable where successive wrongs produce different injuries, with overlapping losses. It is used to ensure that the plaintiff s losses are fully compensated for, while providing a way of dividing them up between the wrongdoers. It is not used where successive wrongs produce an indivisible injury. In that case both defendants are fully liable for all the losses which flow from this injury. If there is to be an apportionment made, it is only for the purpose of contribution between wrongdoers and is made not 7

8 on the basis of respective responsibility for losses, but upon respective degrees of fault in contributing to the indivisible injury. Although the Court of Appeal correctly saw this case as a case of two concurrent wrongdoers liable in full for an indivisible loss to which their fault contributed (see para. 17 of the judgment), it incorrectly in my view saw Long v Thiessen as a method to apportion responsibility for the losses which flowed ( see para. 18). There is an important difference to a plaintiff whether the injuries are seen as divisible or indivisible, and whether Athey v. Leonati or Long v Thiessen is applied. Where the injuries are indivisible and both defendants contributed to producing them, each defendant is fully liable for these injuries and for all of the losses which flow from them. If the damages are to be apportioned, this apportionment is only of concern to the defendants and is based on the respective degrees of fault of the parties. Where the injuries are divisible, but produce overlapping losses, the defendant who first caused the injuries is responsible for these overlapping losses. The second defendant, although negligent and having injured the plaintiff is not liable for any of the losses which the plaintiff was already suffering from at the time of the second accident, since he takes his victim as he finds him. If the second defendant produced additional losses to the plaintiff he is responsible, and solely responsible for these losses. The first defendant cannot be held liable for losses to which his negligent act did not contribute. Third, the Court agreed with the trial judge that in terms of the first defendant s responsibility for the damages, the full settlement amount received should be deducted from the global award. The principle behind this approach for the Court was the desire to avoid overcompensation. 8

CAUSATION AND LOSSES. Professor Lewis N Klar, Q.C.

CAUSATION AND LOSSES. Professor Lewis N Klar, Q.C. CAUSATION AND LOSSES Professor Lewis N Klar, Q.C. (Based on Klar, Tort Law, 4 th ed at 457-466, and Klar Causation And Apportionment of Losses, Alberta Court of Queen s Bench Conference, November 14, 2008)

More information

UPDATE ON CAUSATION. December 13, 2007

UPDATE ON CAUSATION. December 13, 2007 UPDATE ON CAUSATION December 13, 2007 Arthur R. Camporese Camporese Sullivan Di Gregorio Barristers and Solicitors 1700-One King Street West Hamilton, Ontario L8P 1A4 (905) 522-7068 (905) 522-5734 (Fax)

More information

LAW OF CAUSATION: A REVIEW AND THE AN UPDATE. By: LLP. N6A4G4 Phone: 519.640.6313. Presented in London on March 9, 2004. Andrew C. Murray.

LAW OF CAUSATION: A REVIEW AND THE AN UPDATE. By: LLP. N6A4G4 Phone: 519.640.6313. Presented in London on March 9, 2004. Andrew C. Murray. LAW OF CAUSATION: A REVIEW THE AN UPDATE AND at the Ontario Bar Association Conference Presented in London on March 9, 2004 held & Solicitors Barristers Box 2335 PO Andrew C. Murray By: LLP Lerners London

More information

Proving Causation and Damages in Spinal Fusion Cases

Proving Causation and Damages in Spinal Fusion Cases Page 1 of 7 Ben Brodhead on proving causation and damages in spinal fusion cases. Friend on Facebook Follow on Twitter Forward to a Friend Proving Causation and Damages in Spinal Fusion Cases By: Ben C.

More information

Auto accidents can cause thousands or even millions of dollars in losses due to medical expenditures, an inability to work, a reduction in future

Auto accidents can cause thousands or even millions of dollars in losses due to medical expenditures, an inability to work, a reduction in future TEXAS AUTO ACCIDENTS Auto accidents can cause thousands or even millions of dollars in losses due to medical expenditures, an inability to work, a reduction in future earnings, or the untimely death of

More information

Table of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1

Table of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1 Table of Contents 1. What should I do when the other driver s insurance company contacts me?... 1 2. Who should be paying my medical bills from a car accident injury?... 2 3. What should I do after the

More information

Your Guide to Recovery

Your Guide to Recovery Your Guide to Recovery PERSONAL INJURY LAWYERS Committed to Your Future We will: Ensure all necessary notices are provided to maintain your claim and commence the action within the limitation period. Work

More information

MAKING A PERSONAL INJURIES CLAIM*

MAKING A PERSONAL INJURIES CLAIM* MAKING A PERSONAL INJURIES CLAIM* GETTING STARTED DO I HAVE A CASE? The first step is to contact one of our experienced personal injuries solicitors and arrange a no obligation consultation. At the initial

More information

Causation in Tort Since Resurfice: Overview

Causation in Tort Since Resurfice: Overview CAUSATION IN TORT AFTER RESURFICE PAPER 1.2 Causation in Tort Since Resurfice: Overview These materials were prepared by David Cheifetz of Bennett Best Burn, LLP, Vancouver, BC, for the Continuing Legal

More information

Basic Anatomy of Personal Injury Actions

Basic Anatomy of Personal Injury Actions Piecing the Puzzle Together: Catastrophic Claims, Tort Claims and the New SABS Peterborough Thursday, April 14, 2011 Basic Anatomy of Personal Injury Actions Presented by: ROBERT M. BEN 416-868-3168 rben@thomsonrogers.com

More information

Personal Injury Law: Minnesota Medical Malpractice

Personal Injury Law: Minnesota Medical Malpractice Personal Injury Law: Minnesota Medical Malpractice Medical Malpractice Terms Statutes of Limitations Minnesota Medical Malpractice Laws Medical malpractice includes many forms of liability producing conduct

More information

contribution-involves a sharing of the loss, or an apportionment among multiple tortfeasors

contribution-involves a sharing of the loss, or an apportionment among multiple tortfeasors 5. Must make a motion to obtain an order of attachment a. Affidavit submitted in support of attachment motion must show that one of plaintiff s causes of action fall into one of the five categories above.

More information

CAR ACCIDENT GUIDE TABLE OF CONTENTS

CAR ACCIDENT GUIDE TABLE OF CONTENTS CAR ACCIDENT GUIDE TABLE OF CONTENTS Page Introduction... 1 First Step... 1 Finding and Hiring a Lawyer... 1 Financial Arrangements... 2 Your Claim... 3 Documenting Your Claim... 5 Parties to the Claim...

More information

FIRE ON THE ICE: RECENT DEVELOPMENTS IN THE LAW OF NEGLIGENCE REGARDING CAUSATION

FIRE ON THE ICE: RECENT DEVELOPMENTS IN THE LAW OF NEGLIGENCE REGARDING CAUSATION Aaron L. Sherriff FIRE ON THE ICE: RECENT DEVELOPMENTS IN THE LAW OF NEGLIGENCE REGARDING CAUSATION 2 Aaron L. Sherriff TABLE OF CONTENTS I. THE CGL POLICY... 3 II. NEGLIGENCE... 3 III. MR. HANKE... 4

More information

Plaintiff moves the Court for judgment in the amount of. The question before the Court is whether the

Plaintiff moves the Court for judgment in the amount of. The question before the Court is whether the VIRGINIA : IN THE CIRCUIT COURT FOR THE CITY OF RICHMOND PARTICIA A. MCDUFFIE, Plaintiff, PROGRESSIVE NORTHWESTERN INSURANCE COMPANY, Case No.: CL06-5494-1 and Defendant, PROGRESSIVE CASUALTY INSURANCE

More information

LOUISIANA PERSONAL INJURY ACCIDENT BASICS

LOUISIANA PERSONAL INJURY ACCIDENT BASICS LOUISIANA PERSONAL INJURY ACCIDENT BASICS The Concept of Negligence If you have been injured, only an experienced Louisiana personal injury accident attorney can evaluate the unique facts and circumstances

More information

CASE COMMENT. by Craig Gillespie and Bottom Line Research

CASE COMMENT. by Craig Gillespie and Bottom Line Research CASE COMMENT by Craig Gillespie and Bottom Line Research On June 29, 2012 the Supreme Court of Canada released Clements v. Clements, [2012] 7 W.W.R. 217, 2012 SCC 32, its latest in a series of judgements

More information

IN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG, PRETORIA)

IN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG, PRETORIA) 1 SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF

More information

Strict liability and compensation

Strict liability and compensation Strict liability and compensation THEDANISH MODEL Denmark in figures (2011) Population: App. 5.5 million Number of MTPL insurers: 72 Potential drivers age 18 70: App. 37 3.7 million Number of motor vehicles:

More information

Your Personal Guide To Your Personal Injury Lawsuit

Your Personal Guide To Your Personal Injury Lawsuit Your Personal Guide To Your Personal Injury Lawsuit Know How To Do Things Right When You ve Been Wronged You have questions. And most likely, you have a lot of them. The good news is that this is completely

More information

Clinical Negligence Lecture by Terence Coghlan QC given on 20.7.10. Several, or Cumulative causes of injury: is the Def liable for all the injury

Clinical Negligence Lecture by Terence Coghlan QC given on 20.7.10. Several, or Cumulative causes of injury: is the Def liable for all the injury Clinical Negligence Lecture by Terence Coghlan QC given on 20.7.10 1 Several, or Cumulative causes of injury: is the Def liable for all the injury suffered, or only that caused by his negligence? (A canter

More information

STEPS IN A LOUISIANA PERSONAL INJURY LAWSUIT

STEPS IN A LOUISIANA PERSONAL INJURY LAWSUIT STEPS IN A LOUISIANA PERSONAL INJURY LAWSUIT Having at least a basic understanding of the most common steps involved in a typical personal injury case may help empower you as a victim. Broussard & Hart,

More information

GUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS

GUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS GUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS At Richard Grogan & Associates we have Solicitors with significant experience and expertise who will advise and guide you through all matters relating to bringing

More information

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 193/14

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 193/14 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 193/14 BEFORE: C. M. MacAdam : Vice-Chair J. Blogg : Member Representative of Employers A. Grande : Member Representative of Workers HEARING:

More information

Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION

Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION If you have suffered a personal injury it is important to consider all potential sources of compensation. A personal

More information

What to expect when you are injured in a New York accident!

What to expect when you are injured in a New York accident! What to expect when you are injured in a New York accident! An ebook by Stuart DiMartini 1325 Sixth Avenue, 27 th Floor New York, NY 10019 dimartinilaw.com 2012 Law Offices of Stuart DiMartini P a g e

More information

Case Survey: Villines v. North Arkansas Regional Medical Center 2011 Ark. App. 506 UALR Law Review Published Online Only

Case Survey: Villines v. North Arkansas Regional Medical Center 2011 Ark. App. 506 UALR Law Review Published Online Only THE COURT OF APPEALS OF ARKANSAS HOLDS THAT SUMMARY JUDGMENT IS IMPROPER WHEN QUESTIONS OF MATERIAL FACT ARRISE IN MEDICAL MALPRACTICE ACTIONS In Villines v. North Arkansas Regional Medical Center, 1 the

More information

Automobile Negligence Lawsuits

Automobile Negligence Lawsuits SOG/DGL, CH, JB Page 1 of 6 Automobile Negligence Lawsuits Who Is Sued? Driver the driver is the person whose negligence gives rise to the liability. The person suing must prove that the driver negligently

More information

No-Fault Automobile Insurance

No-Fault Automobile Insurance No-Fault Automobile Insurance By Margaret C. Jasper, Esq. Prior to the enactment of state no-fault insurance legislation, recovery for personal injuries sustained in an automobile accident were subject

More information

Illinois Supreme Court Requires Plaintiff to Apportion Settlements Among Successive Tortfeasors

Illinois Supreme Court Requires Plaintiff to Apportion Settlements Among Successive Tortfeasors Illinois Supreme Court Requires Plaintiff to Apportion Settlements Among Successive Tortfeasors By: Joseph B. Carini III & Catherine H. Reiter Cole, Grasso, Fencl & Skinner, Ltd. Illinois Courts have long

More information

Duty of Care. Kung Fu Instructor in Training Program. Shaolin Guardian Network

Duty of Care. Kung Fu Instructor in Training Program. Shaolin Guardian Network Duty of Care Kung Fu Instructor in Training Program Shaolin Guardian Network Negligence This civil wrong is most importance to all professional groups, as far as being a source of potential legal action.

More information

Document hosted at http://www.jdsupra.com/post/documentviewer.aspx?fid=2066f4aa-63a1-461f-a364-221d2e99642d

Document hosted at http://www.jdsupra.com/post/documentviewer.aspx?fid=2066f4aa-63a1-461f-a364-221d2e99642d How Much Is My ICBC Claim Worth? Each ICBC claim is unique. The value of any ICBC claim will depend on a number of factors including who is at fault, the type of injuries and the effect of the injuries

More information

Apportionment of Damages Between Multiple Tortfeasors. The Honourable Mr. Justice Goepel and Seva Batkin, Law Clerk

Apportionment of Damages Between Multiple Tortfeasors. The Honourable Mr. Justice Goepel and Seva Batkin, Law Clerk Apportionment of Damages Between Multiple Tortfeasors The Honourable Mr. Justice Goepel and Seva Batkin, Law Clerk Untangling the different sources of damage and loss may be nigh impossible. Yet the law

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Karen Davis, No. 216 C.D. 2015 Petitioner Argued November 16, 2015 v. Workers Compensation Appeal Board (PA Social Services Union and Netherlands Insurance Company),

More information

STATE OF MINNESOTA IN COURT OF APPEALS A13-1110. Faron L. Clark, Respondent, vs. Sheri Connor, et al., Defendants, Vydell Jones, Appellant.

STATE OF MINNESOTA IN COURT OF APPEALS A13-1110. Faron L. Clark, Respondent, vs. Sheri Connor, et al., Defendants, Vydell Jones, Appellant. STATE OF MINNESOTA IN COURT OF APPEALS A13-1110 Faron L. Clark, Respondent, vs. Sheri Connor, et al., Defendants, Vydell Jones, Appellant. Filed January 21, 2014 Affirmed Hooten, Judge Cass County District

More information

The plaintiff in a negligence action must suffer actual harm or loss to person or property. Damages are monetary payments awarded for a legally

The plaintiff in a negligence action must suffer actual harm or loss to person or property. Damages are monetary payments awarded for a legally Chapter 16 The plaintiff in a negligence action must suffer actual harm or loss to person or property. Damages are monetary payments awarded for a legally recognized wrong. Damages are a legal remedy,

More information

Chapter 4 Crimes (Review)

Chapter 4 Crimes (Review) Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.

More information

Concerning the Cap on Pain and Suffering Awards for Minor Injuries

Concerning the Cap on Pain and Suffering Awards for Minor Injuries Discussion Paper Concerning the Cap on Pain and Suffering Awards for Minor Injuries Office of the Superintendent of Insurance January, 2010 Introduction The Province of Nova Scotia regulates automobile

More information

10 Things You Must Know Before You Find a Seattle Injury Attorney

10 Things You Must Know Before You Find a Seattle Injury Attorney 10 Things You Must Know Before You Find a H Seattle Injury Attorney www.seattleinjuryattorneyfaq.com 1 Should I get an attorney if I am in a car accident? If you have been hurt or have serious injuries,

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE Filed 10/22/99 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE DILLON BOLTON, Plaintiff and Appellant, B123278 (Super. Ct. No. SC037295)

More information

SUMMARY OF PENNSYLVANIA AUTO INSURANCE LAW

SUMMARY OF PENNSYLVANIA AUTO INSURANCE LAW SUMMARY OF PENNSYLVANIA AUTO INSURANCE LAW The laws relating to automobile insurance coverage are compiled in 75 Pa.C.S.A. 1701 et seq., known as the Act 6 Amendments to the PA Motor Vehicle Financial

More information

QUESTION NO. 3. Amendment to Titles 1 and 3 of the Nevada Revised Statutes. CONDENSATION (ballot question)

QUESTION NO. 3. Amendment to Titles 1 and 3 of the Nevada Revised Statutes. CONDENSATION (ballot question) QUESTION NO. 3 Amendment to Titles 1 and 3 of the Nevada Revised Statutes CONDENSATION (ballot question) Shall Title 1 of the Nevada Revised Statutes governing attorneys, and Title 3 of the Nevada Revised

More information

FURR & HENSHAW. 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621. and

FURR & HENSHAW. 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621. and FURR & HENSHAW 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621 and 1534 Blanding Street Columbia, SC 29201 Phone: (803) 252-4050 YOUR AUTOMOBILE ACCIDENT CASE The purpose of

More information

No. 80-100 IN THE SUPREME COURT OF THE STATE OF MONTANA. Claimant and Appellant, Defendant and Respondent.

No. 80-100 IN THE SUPREME COURT OF THE STATE OF MONTANA. Claimant and Appellant, Defendant and Respondent. No. 80-100 IN THE SUPREME COURT OF THE STATE OF MONTANA 1980 KENNETH KIENAS, Claimant and Appellant, JAMES G. PETERSON, Employer, and STATE COMPENSATION INSURANCE FUND, Insurer, Defendant and Respondent.

More information

Reed Armstrong Quarterly

Reed Armstrong Quarterly Reed Armstrong Quarterly January 2009 http://www.reedarmstrong.com/default.asp Contributors: William B. Starnes II Tori L. Cox IN THIS ISSUE: Joint and Several Liability The Fault of Settled Tortfeasors

More information

Personal Injury Litigation

Personal Injury Litigation Personal Injury Litigation The Anatomy of a New York Personal Injury Lawsuit An ebook by Stuart DiMartini, Esq. 1325 Sixth Avenue, 27 th Floor New York, NY 10019 212-5181532 dimartinilaw.com Introduction

More information

A PRIMER REGARDING CONTRIBUTORY NEGLIGENCE

A PRIMER REGARDING CONTRIBUTORY NEGLIGENCE A PRIMER REGARDING CONTRIBUTORY NEGLIGENCE By Stuart Ross and Bottom Line Research & Communications 1 Introduction We all deal with allegations of contributory negligence in response to the claims of a

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA James Conace, : Petitioner : : v. : : Workers Compensation Appeal : Board (Armen Cadillac, Inc.), : Nos. 346 & 347 C.D. 2014 Respondent : Submitted: September

More information

IN THE SUPREME COURT OF FLORIDA. v. S.C. Case No.: SC02-796 Lower Ct. Case No.: 1D01-1073 PETITIONER S REPLY BRIEF ON THE MERITS

IN THE SUPREME COURT OF FLORIDA. v. S.C. Case No.: SC02-796 Lower Ct. Case No.: 1D01-1073 PETITIONER S REPLY BRIEF ON THE MERITS IN THE SUPREME COURT OF FLORIDA EVELYN BARLOW, as Personal Representative of the Estate of SAMUEL EDWARD BARLOW and EVELYN BARLOW, individually, Petitioner, v. S.C. Case No.: SC02-796 Lower Ct. Case No.:

More information

Medical injuries under national dis ability care and s upport s chemes. Jonathan Cohen, Linda Satchwell and Adrian Gould Taylor Fry Pty Ltd

Medical injuries under national dis ability care and s upport s chemes. Jonathan Cohen, Linda Satchwell and Adrian Gould Taylor Fry Pty Ltd Medical injuries under national dis ability care and s upport s chemes Jonathan Cohen, Linda Satchwell and Adrian Gould Taylor Fry Pty Ltd B ackground October 2006: NSW Lifetime care and support scheme

More information

PERSONAL INJURY COMPENSATION CLAIM GUIDE

PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE This booklet has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation

More information

Tina Ploof v. Franklin County Sheriff s Department and (August 8, 2014) Trident/Massamont STATE OF VERMONT DEPARTMENT OF LABOR

Tina Ploof v. Franklin County Sheriff s Department and (August 8, 2014) Trident/Massamont STATE OF VERMONT DEPARTMENT OF LABOR Tina Ploof v. Franklin County Sheriff s Department and (August 8, 2014) Trident/Massamont STATE OF VERMONT DEPARTMENT OF LABOR Tina Ploof Opinion No. 13-14WC v. By: Phyllis Phillips, Esq. Hearing Officer

More information

The Truth About CPLR Article 16

The Truth About CPLR Article 16 The DelliCarpini Law Firm Melville Law Center 877.917.9560 225 Old Country Road fax 631.923.1079 Melville, NY 11747 www.dellicarpinilaw.com John M. DelliCarpini Christopher J. DelliCarpini (admitted in

More information

****************************************************** The officially released date that appears near the beginning of each opinion is the date the

****************************************************** The officially released date that appears near the beginning of each opinion is the date the ****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal

More information

unidentified motor vehicle, by the Association of Traffic Insurance Companies.

unidentified motor vehicle, by the Association of Traffic Insurance Companies. SWEDEN - The activities of the Road Traffic Injuries Commission (Trafikskadenämnden) in Sweden in determining compensation for personal injuries resulting from the use of motor vehicles The Road Traffic

More information

MOTOR VEHICLE COMPENSATION CLAIM SUCCESS

MOTOR VEHICLE COMPENSATION CLAIM SUCCESS MOTOR VEHICLE COMPENSATION CLAIM SUCCESS 6 WAYS TO RUIN YOUR MOTOR VEHICLE COMPENSATION CLAIM 6 WAYS TO RUIN YOUR MOTOR VEHICLE COMPENSATION CLAIM In this guide, we have outlined the 6 most common ways

More information

Minnesota Professional & Medical Malpractice Law. Professional & Medical Malpractice Law

Minnesota Professional & Medical Malpractice Law. Professional & Medical Malpractice Law Minnesota Professional & Medical Malpractice Law Personal Injury Law: Professional & Medical Malpractice o Legal Malpractice Duty Breach Injury Proximate Cause o Medical Malpractice Duty Breach Injury

More information

Clinical Indemnity Scheme

Clinical Indemnity Scheme Clinical Indemnity Scheme Obstetric Forum Farmleigh 11 th February 2014 Obstetric Litigation The Role of the Clinical Indemnity Scheme Ita Guilfoyle Solicitor/Clinical Claims Manager Clinical Indemnity

More information

[Cite as Rogers v. Dayton, 118 Ohio St.3d 299, 2008-Ohio-2336.]

[Cite as Rogers v. Dayton, 118 Ohio St.3d 299, 2008-Ohio-2336.] [Cite as Rogers v. Dayton, 118 Ohio St.3d 299, 2008-Ohio-2336.] ROGERS v. CITY OF DAYTON ET AL., APPELLEES; STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., APPELLANT. [Cite as Rogers v. Dayton, 118 Ohio St.3d

More information

IN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS PLAINTIFF S PROPOSED JURY INSTRUCTIONS

IN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS PLAINTIFF S PROPOSED JURY INSTRUCTIONS IN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS KC Plaintiff ) ) Plaintiff, ) ) v. ) Case No.: 06 CV 1383 ) Defendant Doctor ) ) Defendant. ) PLAINTIFF S PROPOSED JURY INSTRUCTIONS Plaintiff submits

More information

BEFORE THE ALASKA OFFICE OF ADMINISTRATIVE HEARINGS. In the Matter of ) ) K L. V ) OAH No. 11-0204-PER ) Div. R&B No. 2011-011

BEFORE THE ALASKA OFFICE OF ADMINISTRATIVE HEARINGS. In the Matter of ) ) K L. V ) OAH No. 11-0204-PER ) Div. R&B No. 2011-011 BEFORE THE ALASKA OFFICE OF ADMINISTRATIVE HEARINGS In the Matter of ) ) K L. V ) OAH No. 11-0204-PER ) Div. R&B No. 2011-011 DECISION I. Introduction K L. V appealed the Public Employees Retirement System

More information

(1) A person to whom damage to another is legally attributed is liable to compensate that damage.

(1) A person to whom damage to another is legally attributed is liable to compensate that damage. Principles of European Tort Law TITLE I. Basic Norm Chapter 1. Basic Norm Art. 1:101. Basic norm (1) A person to whom damage to another is legally attributed is liable to compensate that damage. (2) Damage

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida No. SC02-2659 CYNTHIA CLEFF NORMAN, Petitioner, vs. TERRI LAMARRIA FARROW, Respondent. [June 24, 2004] WELLS, J. We have for review Norman v. Farrow, 832 So. 2d 158 (Fla. 1st DCA

More information

HOW MUCH MONEY IS WORTH? MY SLIP AND FALL CASE

HOW MUCH MONEY IS WORTH? MY SLIP AND FALL CASE HOW MUCH MONEY IS MY SLIP AND FALL CASE WORTH? Knowledge of the Value of Your Claim Can Help You to Determine If a Settlement Offer Is Reasonable and Appropriate Given the Circumstances of the Fall and

More information

What is my claim worth?

What is my claim worth? What is my claim worth? This is probably the most common and important question asked by a Claimant pursuing a personal injury claim. At the end of the day, it is the recovery of compensation for the injury

More information

LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001

LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001 1 LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001 EXPLANATORY NOTES GENERAL OUTLINE OBJECTIVES OF THE LEGISLATION The purpose of this Bill is to address the impact of the decision of the High

More information

Motor Vehicle Accident Claims: What are your rights?

Motor Vehicle Accident Claims: What are your rights? Motor Vehicle Accident Claims: What are your rights? If you or a loved one has been seriously injured in a motor vehicle accident, there are a number of critical decisions that must be made. Who will care

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MAY 8, 2015; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2014-CA-000673-MR STEVEN WILDT APPELLANT APPEAL FROM JEFFERSON FAMILY COURT v. HONORABLE DOLLY W. BERRY,

More information

Suing for the Loss of the Right to Sue: Why Wright is Wrong PAPER NO. 4/2012 MARCH 2012. Nicholas McBride & Sandy Steel

Suing for the Loss of the Right to Sue: Why Wright is Wrong PAPER NO. 4/2012 MARCH 2012. Nicholas McBride & Sandy Steel PAPER NO. 4/2012 MARCH 2012 Suing for the Loss of the Right to Sue: Why Wright is Wrong Nicholas McBride & Sandy Steel Further information about the University of Cambridge Faculty of Law Legal Studies

More information

REPORT TO THE ROYAL COMMISSION ON WORKERS COMPENSATION IN BRITISH COLUMBIA

REPORT TO THE ROYAL COMMISSION ON WORKERS COMPENSATION IN BRITISH COLUMBIA REPORT TO THE ROYAL COMMISSION ON WORKERS COMPENSATION IN BRITISH COLUMBIA Application of Legal Causation Principles Assessment of Permanent Partial Disability Pensions Deeming of Employment Opportunities

More information

TOP 10 MOST COMMON MISTAKES MADE IN HANDLING YOUR OWN INJURY CLAIM

TOP 10 MOST COMMON MISTAKES MADE IN HANDLING YOUR OWN INJURY CLAIM TOP 10 MOST COMMON MISTAKES MADE IN HANDLING YOUR OWN INJURY CLAIM More times than not, your personal injury claim will be a battle with an insurance company. A highly trained adjuster will be assigned

More information

PERSONAL INJURY CLAIMS IN FRANCE 1 INTRODUCTION 2 DOCUMENTS REQUIRED TO FILE A FRENCH PERSONAL INJURY CLAIM

PERSONAL INJURY CLAIMS IN FRANCE 1 INTRODUCTION 2 DOCUMENTS REQUIRED TO FILE A FRENCH PERSONAL INJURY CLAIM PERSONAL INJURY CLAIMS IN FRANCE 1 INTRODUCTION Although french personal injury law is complicated, with the help of a French Attorney at Law / Solicitor ( Avocat ), the process of making a claim can be

More information

Insurance Bulletin. The Court has its Say! Assessment of General Damages Under the Civil Liability Act (Qld) May 2005

Insurance Bulletin. The Court has its Say! Assessment of General Damages Under the Civil Liability Act (Qld) May 2005 Insurance Bulletin The Court has its Say! May 2005 Assessment of General Damages Under the Civil Liability Act (Qld) This is the first occasion in Queensland where the quantum provisions of the CLA have

More information

SUPREME COURT OF MISSOURI en banc

SUPREME COURT OF MISSOURI en banc SUPREME COURT OF MISSOURI en banc Robert E. Fast, M.D., et al., Appellants, vs. No. SC89734 F. James Marston, M.D., Respondent. APPEAL FROM THE CIRCUIT COURT OF BUCHANAN COUNTY Honorable Weldon C. Judah,

More information

THE TOP 10 QUESTIONS YOU SHOULD ASK YOUR CAR ACCIDENT LAWYER

THE TOP 10 QUESTIONS YOU SHOULD ASK YOUR CAR ACCIDENT LAWYER THE TOP 10 QUESTIONS YOU SHOULD ASK YOUR CAR ACCIDENT LAWYER? Introduction After six straight years of decline, the National Highway Traffic Administration (NHTSA) reports that auto accidents, injuries

More information

Clinical Negligence: A guide to making a claim

Clinical Negligence: A guide to making a claim : A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process

More information

But For Causation in Defective Drug and Toxic Exposure Cases: California s Form Jury Instruction CACI 430

But For Causation in Defective Drug and Toxic Exposure Cases: California s Form Jury Instruction CACI 430 But For Causation in Defective Drug and Toxic Exposure Cases: California s Form Jury Instruction CACI 430 By Matt Powers and Charles Lifland Since the California Supreme Court s 1991 decision in Mitchell

More information

Is What You Know About Injury Claims Accurate?

Is What You Know About Injury Claims Accurate? Is What You Know About Injury Claims Accurate? Presented by: Attorney Mark L. Krueger www.kh-law.net IS WHAT YOU KNOW ABOUT INJURY CLAIMS ACCURATE? Misconception No. 1 I have no claim if the responsible

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION Case: 4:12-cv-02030-DDN Doc. #: 42 Filed: 06/19/13 Page: 1 of 8 PageID #: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION MARY HAYDEN, ) individually and as plaintiff

More information

Cardelli Lanfear P.C.

Cardelli Lanfear P.C. Michigan Prepared by Cardelli Lanfear P.C. 322 West Lincoln Royal Oak, MI 48067 Tel: 248.850.2179 Fax: 248.544.1191 1. Introduction History of Tort Reform in Michigan Michigan was one of the first states

More information

RIGHT Lawyers. Stacy Rocheleau, Esq. Gary Thompson, Esq.

RIGHT Lawyers. Stacy Rocheleau, Esq. Gary Thompson, Esq. rightlawyers.com RIGHT Lawyers Right Lawyers has successfully represented numerous clients in the areas of car accidents, work injuries, and slip and falls. The goal of this guide is to provide you answers

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 10/11/13 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT ED AGUILAR, Plaintiff and Respondent, v. B238853 (Los Angeles County

More information

Do You Have a Case? Truck Accident. ebooklet. Andrew Miller. 201 South 3rd Street Logansport, IN 46947 P: (574) 722-6676. www.starrausten.

Do You Have a Case? Truck Accident. ebooklet. Andrew Miller. 201 South 3rd Street Logansport, IN 46947 P: (574) 722-6676. www.starrausten. Do You Have a Case? Truck Accident ebooklet Andrew Miller 201 South 3rd Street Logansport, IN 46947 P: (574) 722-6676 www.starrausten.com Disclaimer No attempt is made to establish an attorney-client relationship

More information

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 An Act to reform the law relating to contributory negligence and the apportionment of liability; to amend the

More information

FOR WRONGFUL DEATH CASES, PLEASE GIVE AGE AND RELATIONSHIP OF SURVIVORS:

FOR WRONGFUL DEATH CASES, PLEASE GIVE AGE AND RELATIONSHIP OF SURVIVORS: CASE INFORMATION SHEET FLORIDA LEGAL PERIODICALS, INC. P.O. Box 3370, Tallahassee, FL 32315-3730 (904) 224-6649/(800) 446-2998 * FAX (850) 222-6266 COUNTY AND COURT: Orange County Circuit Court NAME OF

More information

IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL

IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL SARAVIA V. HORMEL FOODS NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Clyde Kennedy, : Petitioner : : v. : No. 1649 C.D. 2012 : Submitted: May 17, 2013 Workers Compensation Appeal : Board (Henry Modell & Co., Inc.), : Respondent

More information

How Much Protection Does the Oregon Tort Claims Act Really Provide?

How Much Protection Does the Oregon Tort Claims Act Really Provide? How Much Protection Does the Oregon Tort Claims Act Really Provide? Session Materials by Jens Schmidt Harrang Long Gary Rudnick P.C. Oregon Public Risk Manager s Fall Conference October 3, 2013 Salishan

More information

John Coronis v. Granger Northern Inc. (April 27, 2010) STATE OF VERMONT DEPARTMENT OF LABOR

John Coronis v. Granger Northern Inc. (April 27, 2010) STATE OF VERMONT DEPARTMENT OF LABOR John Coronis v. Granger Northern Inc. (April 27, 2010) STATE OF VERMONT DEPARTMENT OF LABOR John Coronis Opinion No. 16-10WC v. By: Sal Spinosa, Esq. Hearing Officer Granger Northern, Inc. ATTORNEYS: For:

More information

The A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota

The A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota The A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota Douglas E. Schmidt Accident Attorney 13911 Ridgedale Drive Suite 110 Minnetonka, MN 55305 952.473.4530 Fax: 952.544.1308

More information

Top 10 Mistakes Made After A Car Accident. www.chaikinandsherman.com 202.659.8600 800.299.8384

Top 10 Mistakes Made After A Car Accident. www.chaikinandsherman.com 202.659.8600 800.299.8384 Top 10 Mistakes Made After A Car Accident www.chaikinandsherman.com 202.659.8600 800.299.8384 1 In this Top Ten List, we have drawn upon our decades of experience in handling car accident cases to compile

More information

NPH INJURY REPORT. Personal Injury Legal Update & Benefits for NEPBA Members COPYRIGHT 2009, NOLAN PERRONI HARRINGTON, LLP. ALL RIGHTS RESERVED.

NPH INJURY REPORT. Personal Injury Legal Update & Benefits for NEPBA Members COPYRIGHT 2009, NOLAN PERRONI HARRINGTON, LLP. ALL RIGHTS RESERVED. NPH INJURY REPORT Personal Injury Legal Update & Benefits for NEPBA Members Economic Recovery for the Injured Law Enforcement Professional Some Important Facts There are several common sources of recovery

More information

Murrell v Healy [2001] ADR.L.R. 04/05

Murrell v Healy [2001] ADR.L.R. 04/05 CA on appeal from Brighton CC (HHJ Coates) before Waller LJ; Dyson LJ. 5 th April 2001. JUDGMENT : LORD JUSTICE WALLER : 1. This is an appeal from Her Honour Judge Coates who assessed damages in the following

More information

DRAFT MOTOR TRAFFIC (THIRD- PARTY INSURANCE) (COST RECOVERY) (JERSEY) REGULATIONS

DRAFT MOTOR TRAFFIC (THIRD- PARTY INSURANCE) (COST RECOVERY) (JERSEY) REGULATIONS STATES OF JERSEY r DRAFT MOTOR TRAFFIC (THIRD- PARTY INSURANCE) (COST RECOVERY) (JERSEY) REGULATIONS 201- Lodged au Greffe on 13th December 2012 by the Minister for Health and Social Services STATES GREFFE

More information

Step-by-step guide to pursuing a medical negligence claim

Step-by-step guide to pursuing a medical negligence claim Step-by-step guide to pursuing a medical negligence claim Suffering from medical negligence can be a painful and distressing experience for anyone. This short guide offers some advice to help people thinking

More information

Your Quick Reference for Florida Auto Accident Law

Your Quick Reference for Florida Auto Accident Law Call Us Now (813) 269-7421 FREE Consultation Your Quick Reference for Florida Auto Accident Law At the Law Offices of Martin Schwartz, we are here to take care of your legal needs in the aftermath of an

More information

SUPREME COURT OF NOVA SCOTIA Citation: Webber v. Boutilier, 2016 NSSC 5

SUPREME COURT OF NOVA SCOTIA Citation: Webber v. Boutilier, 2016 NSSC 5 SUPREME COURT OF NOVA SCOTIA Citation: Webber v. Boutilier, 2016 NSSC 5 Date: 20160105 Docket: Hfx No. 241129 Registry: Halifax Between: Cindy June Webber v. Plaintiff Arthur Boutilier and Dartmouth Central

More information

C.M. Haughey Solicitors Compensation Guide

C.M. Haughey Solicitors Compensation Guide C.M. Haughey Solicitors Compensation Guide www.cmhaugheysolicitors.ie Athena Goddess of Wisdom, Strength and Strategy. When your experience needs our experience About Us C. M. Haughey Solicitors, located

More information

CASE LAW SUMMARY 2011. Automobile Liability. Vargas v. Enterprise Leasing Company, 60 So. 3d 1037 (Fla. 2011)

CASE LAW SUMMARY 2011. Automobile Liability. Vargas v. Enterprise Leasing Company, 60 So. 3d 1037 (Fla. 2011) Leased Vehicles/Rental Car Vehicles CASE LAW SUMMARY 2011 Automobile Liability Vargas v. Enterprise Leasing Company, 60 So. 3d 1037 (Fla. 2011) The Supreme Court determined that the Graves Amendment did

More information

IN COURT OF APPEALS DECISION DATED AND FILED

IN COURT OF APPEALS DECISION DATED AND FILED COURT OF APPEALS DECISION DATED AND FILED December 29, 1998 Marilyn L. Graves Clerk, Court of Appeals of Wisconsin NOTICE This opinion is subject to further editing. If published, the official version

More information