Posts tagged accidents

• 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...

• 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...

• 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...

• Maricopa County Loses a Fine Judge

  Staff Writer | April 09, 2007 10:53 AM | 1 CommentPhoenix, AZ Category: Motorcycle Accidents
  

  Today we mourn the loss of a Judge with the Juvenile Division of the Maricopa County Superior Court. Judge John Gaylord was appointed to the Maricopa County Superior Court in 2000 and for the past three years was assigned to the Juvenile Court facility in Mesa. I never had an opportunity to appear in front of Judge Gaylord in the Juvenile Court. However, I know that Judge Gaylord had an...

• Oklahoma Commercial Trucking Accident Kills

  Christy Thompson | November 27, 2009 5:42 PM | 36 CommentsChandler, AZ Category: Automobile Accidents
  

  A collision in Lincoln County, Oklahoma was the cause of Johnny Leemaster's death. It happens far too frequently and more so now than just about ever in US roadway history. Leemaster was...

• Judicial Officers are Subject to the "De Facto Officer" Doctrine and Failure to Object to the Appointment of a Judge Pro Tempore is a Procedural Defect That Can Be Waived

  Geoff Trachtenberg | June 08, 2007 8:49 AM | 0 CommentsScottsdale, AZ Category: Automobile Accidents
  

  Division One just handed down Garner v. Schindler, a short and sweet opinion on the nature of judges pro tempore (I am a judge pro tempore, by the way). In sum, the appellant had a probate dispute litigated before a judge pro tempore and, after the case was over, decided to raise (for the first time) hyper-technical defects in the judge's appointment.The Court of Appeals, awknoweldged that...

• Drugged Driving - New Epidemic

  Gregory Spizer | February 01, 2012 3:06 PM | 0 CommentsPhoenix, AZ Category: Miscellaneous
  

  The National Institute of Health, National Institute of Drug Abuse reported some alarming facts from a National Highway Traffic Safety Administration (NHTSA)2007 survey. According to NHTSA's...

• Is a Medical Malpractice Claim "Mature" If There Is No Present Injury?

  Geoff Trachtenberg | April 19, 2007 8:57 AM | 0 CommentsScottsdale, AZ Category: Medical Malpractice
  

  As a rule, every medical malpractice claim must have four elements -- duty, breach, causation and damages -- and, at least as a general rule, you need all of them to have a cognizable claim. Sometimes, however, there can be an issue as to when a claim is "mature," i.e., complete or ripe.Take, for example, a person who has an increased risk of disease because he has been exposed to a defective...

• New Technology in Windshields from General Motors to Aid Aging Drivers

  Christy Thompson | January 07, 2010 10:49 PM | 1 CommentChandler, AZ Category: Automobile Accidents
  

  General Motors is also using technology to help older drivers. The company's Human Machine Interface division is developing a windshield to help older drivers compensate for vision loss and slower...

• 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...