Tag Archives: liability
RIGHT TO EMERGENCY MEDICAL CARE
Regardless of your insurance status, you are eligible to receive emergency medical care within the State of California. You have the right to receive emergency care at any licensed facility with an emergency room. You have the right to be treated until your emergency medical condition is stabilized when you go to a hospital… Read More »
Injuries to Pets – Accountability for Intentional Harm to Animals
The matter of Kimes v. Grosser deals with a cat owner’s ability to sue for vet bills to keep his cat, Pumkin, alive after being shot by a neighbor. Kimes v. Grosser (2011) 195 Cal. App. 4th 1556. The Plaintiff, Kevin Kimes, adopted a stray cat, who he named Pumkin. While perched on a… Read More »
The Howell Decision: Is it Worse for Plaintiffs than MICRA?
The Medical Injury Compensation Reform Act (MICRA) was passed in 1975 and limits non-economic damages (pain, suffering and death of a loved one) in California medical malpractice cases to $250,000.00. Prior to December 1975, juries were free to weigh all evidence and award an amount of non-economic damages appropriate for the injury to the… Read More »
It is GPS Monitoring, not GPS Tracking
“Wow…thank you. I didn’t realize GPS would be so interesting.” That was the most repeated comment by attendees at the last meeting of the Riverside County Barristers Association after Petra Fuhriman co-owner of GPS Monitoring Solutions explained the difference between tracking and real-time, 24/7 GPS monitoring. Although it was the second meeting of the… Read More »
Hazardous Recreational Activities
Imagine yourself on your day off, participating in your favorite recreational activity, on public property. Whether it’s mountain biking, kayaking, off-road motorcycling/four-wheeling, surfing, or water skiing, what is your recourse should you sustain an injury by participating in that activity? Generally speaking, the Government Code of the State of California provides that neither a… Read More »
James Heiting cited by “Chicago Lawyer’s” Robert A. Clifford
I stood before 12 people, a cross-section of Miami-area residents who were to consider the case of a family who lost a loved one in a small plane that crashed off the coast as it attempted to take off. The cause of the crash was a defective part, manufactured by a local company whose… Read More »
James Heiting interviewed regarding recent article in National Law Journal
James Otto Heiting was recently interviewed regarding the article which was published in the National Law Journal. Click here to see/hear the interview.
WHAT TO DO AFTER A WORK RELATED INJURY?
The general and safe response is that all injuries should be handled the same way, however, that methodology may not be practical in the course of your work day. Any injury that causes you to believe that you need the care of a doctor should be reported immediately. The person(s) that is considered your… Read More »
California Supreme Court Finds Liability for Tractor-Trailer Parked Along Freeway
On February 28, 2011, the California Supreme Court decided the case of Cabral v. Ralphs Grocery Co. (Docket No. S178799). This is another case revolving around a deadly motor vehicle accident in which a tractor-trailer was involved. See my previous article here: In Cabral, Plaintiff’s husband, the decedent, was driving his pickup truck home… Read More »
New California Case Holds Tractor-Trailer Drivers to Higher Standard
The California Court of Appeal for the First District (which includes San Francisco and neighboring areas), recently decided a case, [Lawson v. Safeway Inc., (2010) 191 Cal. App. 4th 400] holding drivers of tractor trailers to a higher standard than some other motorists. In the Lawson case, the plaintiffs were the driver of a… Read More »
