Miscellaneous | InjuryBoard Scottsdale

You know the old phrase from algebra, "show your work," well that is the message to the trial courts. Regretably, trial courts often rule on disputed issues with nothing more than a summary decision and without articulating their reasoning. Obviously, some of this is due the sheer volume of work that trial courts perform, but some of it is also due to habit and being lazy.The trouble with such...

Generally, but the remedies are very much stacked against you.Arizona workers' compensation laws are your avenue for redress if you have sustained injuries at work as a result of a co-worker or employer. You don't need to show negligence on the part of your employer to make a claim. What you need to show is that you were in the "course and scope" of your employment at the time you were injured...

I often get asked about defamation suits and whether they are viable. Every time I deal with the issue I explain that the close cousin of defamation is intentional infliction of emotional distress and that both present difficult challenges. While defamation liability can be established fairly easily, damages can prove a problem for most cases. Intentional infliction of emotional distress, by...

You can typically recover if you are injured by someone's dog, and generally their homeowner's insurance policy will provide liability coverage for these accidents. In addition, in Arizona we have a dog bite statute creating strict liability for such situations. Therefore, dog owners are liable for such injuries regardless of fault or alleged provacation of the dog.

Roy L. Pearson Jr. might regret going after a dry cleaners for a lost pair of pants. A panel of four Washington DC officials is considering whether he should return as an administrative law judge for his bringing and maintaining a $65 million suit agaist the cleaners.

Rarely do I find it necessary to write about cases that should never be filed, after all, there are enough people who love to blog about the absurdities of the law. That being said, the case of the Hon. Roy Person, Jr. versus Custom Cleaners is the single-worst example of abusive litigation that I recall having ever seen or heard of.It is safe to say, the Hon. Roy Pearson, Jr. demands...

Most people do not normally focus on family law issues in personal injury matters, but believe it or not, such issues can make a difference for clients with child support obligations, or even potential future child support obligations. Now, at the outset, let me state clearly that it is every parent's obligation to properly and responsibly care for their children. That being said, divorced...

As we have noted in the past, "getting the money and keeping the money" are two different and equally difficult issues in personal injury matters. In many cases, there are liens on recoveries, such as when Medicaid pays all or part of a person's bills.One issue that often arises is the extent to which a third-party can assert a lien. In Arkansas Dept. of Health and Human Servs. v Ahlborn, 547...

These days, most people know that both state and federal "Freedom of Information Acts" require the dicslosure of public records. After all, such documents technically "belong to the people" and are created in connection with public service. Indeed, ARS 39-121 provides that "public records and other matters in the custody of any officer shall be open to inspection by any person at all times...

To be filed in the "gluttons for punishment" folder, the case of Fulton Homes Corporation v. BBP Concrete that was recently published by Division One.The case affirms an award of $12,000, or $6,000 each, to two parties who Fulton dragged into a lawsuit because, well, "they could" under Rule 14.In short, Fulton pulled in two third-party defendants to a lawsuit under the premise that they were...

Lawyers are governed by a comprehensive set of ethical rules which, when violated, often lead to civil liability regardless of the ethical violation (e.g., stealing from clients), but what impact does a rule violation have on legal malpractice or other claims against a lawyer? Arizona's ethical rules contain the following Preamble: Violation of a Rule should not itself give rise to a cause of...

Joe Francis of Girls Gone Wild has been in the press lately, mainly because he is reportedly losing it inside prison without his bottled water and anti-anxiety medication. The reason he is behind bars is a little more complicated, but it is basically because he pissed off a federal judge. Never a good move.Anyway, reading about him refreshed my memory that a respected colleague recently sued...

Two days ago I posted the 2006 civil jury awards in Arizona. The thing that I found interesting is the Maricopa County median is a paltry $70,879. By the way, the reported figures are all artifically high because they do not include defense verdicts of zero!Among other things, this makes me recall the pending unconstitutional legislation to allow courts to raise the compulsory arbitration...

It turns out that an auctioneer's selling things (for a fee) does not make you a "seller" under Arizona product liability law.Last week Division Two handed down Antone v. Greater Arizona Auto Auction, Inc..The Court observed that a "[s]eller" is defined by the Arizona products statute as "a person or entity, including a wholesaler, distributor, retailer or lessor, that is engaged in the business...

We recently filed suit on behalf of a man who was severely injured as a result of a built-in barbeque explosion.The man, visiting from out of town, was asked to assist in lighting or operating the built-in barbeque. Suddenly the barbeque exploded resulting in 2nd and 3rd degree burns on well over one-half of the man's body.Although the investigation is not yet complete, it appears the built-in...