Posts tagged wrongful death

• 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...

• 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...

• 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...

• 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...

• 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...

• Paternity Statutes Do Not Apply to Wrongful Death Actions Involving Unborn Children

  Geoff Trachtenberg | June 07, 2007 5:43 PM | 0 CommentsScottsdale, AZ Category: Wrongful Death
  

  These are complicated times. It seems that, in addition to proving wrongful death, when the decedent is an unborn child, you had better be able to prove paternity as well.In the case, Aranda v. Cardenas, both the mother and her unborn child were apparently subject to fatal medical malpractice. The Defendants, however, disputed whether the unborn child's father was indeed the child's father,...

• Anapol Schwartz Attorneys File Wrongful Death Suit Against University City Doctor Kermit Gosnell

  Bernard Smalley | January 19, 2011 9:58 AM | 1 CommentPhoenix, AZ Category: Miscellaneous
  

  Contact: Amy Leshko 609-682-4143 aleshko@startoplin.com Jen Wasilisin 609-682-4153 jwasilisin@startoplin.com PHILADELPHIA – Jan. 19, 2011 – Anapol Schwartz...

• 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...

• How Much Time Do I Have to File a Lawsuit?

  Staff Writer | February 02, 2006 4:04 PM | 0 CommentsPhoenix, AZ Category: Automobile Accidents
  

  If you have been injured in an accident and somebody else bears responsibility, one question likely to arise is whether you must file suit within a specified period of time. In Arizona, you must file suit within a specific time or you will forever lose your rights to sue. This time period can be as little as 180 days from the date you suffered harm (or should have known), as long as two...

• The Full Scope of Arizona's Wrongful Death Statute is Still Uncertain

  Geoff Trachtenberg | April 21, 2007 11:13 AM | 0 CommentsScottsdale, AZ Category: Wrongful Death
  

  Arizona's wrongful death statute still has some ambiguity. For example, ARS 12-612 permits a wrongful death claim to be brought "on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent's estate." What does this last part mean?What damages can the estate recover in a statutory wrongful death action (as opposed to a statutory...