Posts tagged General Personal Injury

• When is a Seller a "Seller" for Products Liability Purposes?

  Geoff Trachtenberg | April 28, 2007 3:36 PM | 0 CommentsScottsdale, AZ Category: Miscellaneous
  

  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...

• Arizona Civil Jury Verdicts for 2006

  Geoff Trachtenberg | April 27, 2007 1:56 PM | 0 CommentsScottsdale, AZ Category: Automobile Accidents
  

  The numbers are out for civil jury verdicts and they are not pretty. Indeed, they are generally very low and, since they include commercial cases in the average (which can skew the numbers quite a lot), we pay more attention to the median numbers.2006 Reported Arizona VerdictsAverages vs. Medians {mso-displayed-decimal-separator:"\\."; mso-displayed-thousand-separator:"\\,";}@page {margin:1.0in...

• Trial Scheduled In Vehicle Collision Case Involving a Commercial Truck

  Geoff Trachtenberg | April 26, 2007 1:41 PM | 0 CommentsScottsdale, AZ Category: Automobile Accidents
  

  Over three years ago, our client was a passenger in a vehicle driving on U.S. 60 in La Paz County. Unfortunately, a truck driver that had stopped at an intersection on the highway, proceeded to cross the intersection and did not see our client's vehicle approaching.The vehicles collided, resulting in serious injuries to our client and another passenger.As is sometimes the case, even though the...

• Personal Injury Lawsuit Filed After BBQ Explosion

  Geoff Trachtenberg | April 25, 2007 1:35 PM | 0 CommentsScottsdale, AZ Category: Miscellaneous
  

  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...

• Statute of Limitations in Uninsured and Underinsured Personal Injury Claims

  Geoff Trachtenberg | April 23, 2007 5:57 PM | 0 CommentsScottsdale, AZ Category: Automobile Accidents
  

  Recently the Arizona Legislature enacted a new and shorter statute of limitations for UM/UIM claims. The applicable section is ARS 12-555.For uninsured motorist (UM) claims such claims, such claims must be made in writing within three years after the earliest of (i) the date you knew that the tortfeasor was uninsured; or (ii) the date you knows or should have known that coverage was denied by...

• The Difference Between Wrongful Death and Survival Actions

  Geoff Trachtenberg | April 22, 2007 9:44 AM | 0 CommentsScottsdale, AZ Category: Wrongful Death
  

  Arizona law provides for two causes of action when someone dies: a wrongful death claim and a survival action. The purpose of providing both actions is to give the parties damaged a complete remedy and opportunity to recover the loss sustained.The wrongful death action is intended to benefit certain survivors -- called statutory beneficiaries -- such as the decedent's parents, children, and...

• So, You Say You Have "Full Coverage" -- Well, You Don't.

  Geoff Trachtenberg | April 18, 2007 9:33 PM | 0 CommentsScottsdale, AZ Category: Automobile Accidents
  

  Let me make this clear: there is no such thing as full coverage. It's really that simple.What types of coverage is there? There's first-party coverages, such as comprehensive, collision, medical payments, and underinsured and uninsured motorist. Then there's third-party coverages such as property damage and bodily injury. And then there are other coverages, such as rental and towing.But...

• Hurt? Injured? Need a Lawyer? Too Bad!

  Geoff Trachtenberg | April 17, 2007 9:07 PM | 0 CommentsScottsdale, AZ Category: Miscellaneous
  

  Two years ago, rich and powerful Texans said lawsuits were ruining the state's economy and needed to be fairer. Today, thanks to tort reform, they are fairer -- for business. Ordinary people are out of luck.by Mimi SwartzLIKE A LOT OF OLD-FASHIONED TEXANS, Alvin Berry is the kind of man who bears the pain and indignities of life with good grace. At 73, Alvin has never been a rich man, but in his...

• Tax Consequences of Non-Physical Injury Damage Awards

  Geoff Trachtenberg | April 16, 2007 8:15 PM | 0 CommentsScottsdale, AZ Category: Miscellaneous
  

  Genrally, personal injury recoveries for bodily injuries are not subject to income tax, but recoveries for lost income are taxable. What, then, about non-physical personal injury (i.e., emotional distress and loss of reputation) unrelated to lost wages or earnings? Believe it or not, the government wanted to tax this recovery pursuant to § 104(a)(2) of the tax code. Thankfully, the D.C....

• Minor's Claim for Medical Bills Belongs to Parents Absent a "Waiver"

  Geoff Trachtenberg | April 14, 2007 11:09 AM | 0 CommentsScottsdale, AZ Category: Miscellaneous
  

  New decision from Division One entitled Lopez v. Cole. In short, the court held that based upon existing Supreme Court precedent, i.e., Pearson & Dickerson Contractors Inc. v. Harrington, 60 Ariz. 354, 137 P.2d 381 (1943), a claim for medical bills belongs to parents absent a "waiver" (and is, therefore subject to a two year SOL), but that a parent's failure to bring a claim within the two year...