Posts tagged General Personal Injury

• Like a Good Neighbor?

  Geoff Trachtenberg | March 22, 2007 10:17 PM | 1 CommentScottsdale, AZ Category: Miscellaneous
  

  Randy Udelman reports on the record profits from State Farm Insurance, noting:In the midst of its record-setting year, according to a recent story on CNN, State Farm apparently adopted a policy to minimize settlement offers for low-impact motor vehicle collisions forcing accident victims to take substantially low settlement offers or spent significant costs in litigation. Moreover, Katrina...

• No Personal Jurisdiction Over Across-the-Border Bar That Overserves Patron Killing Arizona Pedestrian

  Geoff Trachtenberg | February 29, 2008 12:34 PM | 0 CommentsScottsdale, AZ Category: Automobile Accidents
  

  Interesting and disappointing personal jurisdiction memo opinion from Division One, Womack v. KC Arena. In short, KC operates a bar on the Nevada side of the Arizona-Nevada border, over served a patron who then drove across the state line and killed an Arizona pedestrian. Moreover, plaintiffs asserted that KC employees knew the patron lived in Bullhead City and that he would return there after...

• Arizona Supreme Court Holds Professional Negligence Against Insurance Agent is Assignable

  Geoff Trachtenberg | February 06, 2008 9:16 AM | 0 CommentsScottsdale, AZ Category: Miscellaneous
  

  Surprising result in Webb v. Gittlen, a new opinion from the Arizona Supreme Court which holds that a professional negligence claim against an insurance agent is assignable. Although a long overdue holding, it highlights the badly misunderstood law concerning assignments, including the scope and justification of anti-assignment law (see my earlier article on Assignments vs. Liens in the...

• Arizona Supreme Court Finds No Workers' Compensation Offset for Underinsured Motorist Coverage

  Geoff Trachtenberg | January 10, 2008 4:04 PM | 0 CommentsScottsdale, AZ Category: Automobile Accidents
  

  Today the Arizona Supreme Court issued an opinion in Cundiff v. State Farm Mutual Automobile Ins. Co. which dealt with workers' compensation offsets in underinsured motorist (UIM) claims.Pima County Deputy Sheriff Jean Cundiff was injured by a third-party while on the job, in her patrol car. Although she was paid certain workers' compensation benefits, the third-party only carried $15,000 in...

• Business Owners Now Owe Nondelegable Duties to Keep Premises Reasonably Safe

  Geoff Trachtenberg | December 26, 2007 1:18 PM | 0 CommentsScottsdale, AZ Category: Wrongful Death
  

  "Attention Safeway shoppers, business owners now owe nondelegable duties to their invitees to keep their premises reasonably safe."Steven H. Simon sued Safeway after he was injured during a store altercation with a security guard who "physically and sexually" assaulted him. The guard was employed by a third-party company who had contracted with Safeway. He mistakenly concluded that Mr. Simon...

• Assignments vs. Liens In the Personal Injury Context

  Geoff Trachtenberg | December 09, 2007 8:41 AM | 0 CommentsScottsdale, AZ Category: Medical Malpractice
  

  A large number of people, attorneys included, don't know the difference between "assignments" and "liens."Why does it matter, you ask? For a number of reasons that will be more obvious when the difference is understood.An assignment is the easier of the two to understand since, as the name implies, it is an transfer of all or some rights or property to a third-party. Although an assignor...

• Supreme Scrooge: Arizona's Supreme Court Delivers a Serious Blow to Products Liability

  Geoff Trachtenberg | December 09, 2007 6:32 AM | 0 CommentsScottsdale, AZ Category: Automobile Accidents
  

  Worried about lead in your toys this Christmas? You now have something else to worry about - if those toys harm or kill your children, your rights and remedies in the state of Arizona are under serious attack.This week, in State Farm Ins. Co. v. Premier Mfg. Sys. Inc., the Arizona Supreme Court held that, despite centuries-old common law "strict liability" in product liability cases, Arizona's...

• Wyeth Recalls Cold Medicine Due to Dosing Cup Issue

  Jenny Albano | November 02, 2007 11:07 PM | 0 CommentsScottsdale, AZ Category: Miscellaneous
  

  Wyeth is recalling several brands of nonprescription cold medicine because they come with a dosing cup that does not mark the half-teaspoon level recommended for children aged 2 through 5 years old. According to the Wyeth spokesperson, there is nothing wrong with the product.The cold medicines being recalled are: Robitussin Cough DM, Robitussin Cough & Cold CF, Robitussin Cough & Congestion,...

• Failure to Plead Sufficient Facts - The New Legal Malpractice?

  Geoff Trachtenberg | October 21, 2007 3:48 PM | 0 CommentsScottsdale, AZ Category: Medical Malpractice
  

  There's a new case out this week from Division Two, Cullen v. Koty-Leavitt Insurance, which deals with the reasonable expectations doctrine in the UIM setting. The case is not particularly fascinating from a substantive perspective, but it raises questions about potential legal malpractice exposure.In sum, Cullen filed a UIM claim based upon the fact that his family was given the right to...

• $800,000 Wrongful Death Settlement for Motorcycle Collision in Arizona

  Geoff Trachtenberg | October 12, 2007 5:31 PM | 0 CommentsScottsdale, AZ Category: Motorcycle Accidents
  

  Levenbaum & Cohen ("L&C") is pleased to report that the firm recently settled a motorcycle wrongful death case for $800,000.00. L&C, which also does business as The Law Tigers -- a group of attorneys concentrating in motorcycle injury -- obtained the settlement after two riders, one in his 70s and the other in her 50s, collided with a vehicle that was trying to pass a semi-truck.If you or a...