Posts tagged motor

• 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...

• 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...

• 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...

• 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...

• 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...

• 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...

• Several Injured in Four-Car Crash

  Chrissie Cole | August 28, 2007 10:21 PM | 0 CommentsTucson, AZ Category: Automobile Accidents
  

  An early morning four- car accident, on Tuesday, sent several people to Yuma Regional Medical Center with non life-threatening injuries, according to Yuma Police Department.The car accident occurred east of the intersection of Arizona Avenue and 24th street. Yuma Fire Department and Rural/Metro Fire Department both responded to the scene. Officials are currently investigating the crash. At this...

• Enron and Corporate America

  Staff Writer | February 08, 2006 1:01 PM | 1 CommentPhoenix, AZ Category: Wrongful Death
  

  The trial of Enron executives Kenneth Lay and Jeffrey Skilling began this last week in a Houston, Texas courtroom. This corporate scandal and the beginning of the trial of its former executives has reinforced my opinion about why jurors rathern than government or corporate America should have the final say about what corporations should and should not do, and when corporations should be held...

• States Incentivized to Ban Texting While Driving

  Christy Thompson | November 04, 2009 7:27 PM | 0 CommentsChandler, AZ Category: Automobile Accidents
  

  Two new bills introduced in the US Senate, the ALERT Drivers Act of 2009, and the Distracted Driving Prevention Act of 2009, propose to incentivize individual states to illegalize texting while...

• Legislature Passes Bill Limiting Teen Driving

  Staff Writer | May 14, 2007 4:37 PM | 2 CommentsPhoenix, AZ Category: Automobile Accidents
  

  Last week, the Arizona Legislature passed the Teenage Driver Safety Act, legislation which places driving limitations on new young drivers to help minimize risk of automobile accidents. The bill limits teens as follows:The act provides for driving restrictions from midnight to 5 a.m. and passenger limitations for the first six months a new teen driver holds a Class G driver's license. According...