Posts tagged wrongful death

• Walgreens Pharmacy Held Accountable for Prescription Error

  Staff Writer | October 16, 2007 6:33 PM | 0 CommentsPhoenix, AZ Category: Medical Malpractice
  

  A Coconino County jury awarded one of the largest wrongful death verdicts to the family of a high school coach who died after taking a lethal combination of medications which should never have been dispensed together. The jury found that Walgreens pharmacy should have warned the patient and his physician about the lethal and toxic effects that the pain medications Tramadol and Methadone have...

• $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...

• Experts Not Allowed to Testify to the Percentage of Fault

  Geoff Trachtenberg | September 06, 2007 4:41 PM | 0 CommentsScottsdale, AZ Category: Medical Malpractice
  

  Division One just handed down Webb v. Omni Block, Inc., a clearly written opinion which decisively eliminates an expert's ability to testify as to the "percentage of fault" for any party or non-party.In Webb, defendant, Omni Block, hired an expert who testified as to the specific percentage of fault (or lack thereof) for various parties and non-parties. Judge Jones allowed this testimony and...

• Bell Atlantic v. Twombly: The Day "Notice Pleading" Died (Sort Of)

  Geoff Trachtenberg | August 29, 2007 2:20 PM | 0 CommentsScottsdale, AZ Category: Medical Malpractice
  

  On May 21, 2007, the U.S. Supreme Court handed down Bell Atlantic v. Twombly, 550 U.S. ___ (2007), announcing the "retirement" of the long-standing standard for dismissal of complaints articulated in Conley v. Gibson, 355 U.S. 41 (1957) - i.e., the standard that complaints should not be dismissed "unless it appears beyond a doubt that the plaintiff can prove no set of facts in support of his...

• Arizona Courts Have General Personal Jurisdiction over Foreign Insurers

  Geoff Trachtenberg | August 27, 2007 2:14 PM | 0 CommentsScottsdale, AZ Category: Wrongful Death
  

  New decision from Division One, Bohreer v. Erie Ins. Exch.. Bohreer holds that an Arizona court has general personal jurisdiction over a foreign insurer which has appointed the Director of Insurance as an agent for service of process and has not withdrawn such qualification or appointment, but has ceased doing business in the state prior to the acts underlying the complaint. The Court held...

• Should Arizona Reconsider Statutory Immunity for Negligent Freeway Maintenance?

  Staff Writer | August 03, 2007 10:13 AM | 0 CommentsPhoenix, AZ Category: Workplace Injuries
  

  A couple of days have passed since the tragic bridge collapse in Minneapolis which led to the deaths of at least five people. The cause of the bridge collapse on I-35W will not be known for quite some time. However, if the I-35W bridge collapsed due to ordinary wear and tear, such a tragedy may have been avoided had the Minnesota Department of Transportation placed a higher priority on bridge...

• Court Holds Offer of Judgment Sanctions Include All Reasonable Expert Fees

  Geoff Trachtenberg | June 19, 2007 5:18 PM | 0 CommentsScottsdale, AZ Category: Automobile Accidents
  

  Division One handed down Levy v. Alfaro today which holds that Rule 68 sanctions include all reasonable expert witness fees after the offer, not just those fees for testifying at trial. The decision is no surprise to those of us who regulaly try cases, but I suppose it is good to have it "clarified."

• 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,...

• Court of Appeals (Incorrectly) Dismisses Wrongful Death Appeal Due to Untimely Notice of Appeal After Plaintiff Attempts to Obtain a Change to the Breadth of the Trial Court's Judgment

  Geoff Trachtenberg | June 01, 2007 3:00 PM | 0 CommentsScottsdale, AZ Category: Automobile Accidents
  

  Frank Zappa said, "We are a nation of laws; badly written and randomly enforced." That's probably the way that Joe Burkhamer feels, having lost his daughter (and son-in-law) in tragic accident in 2003, and now having had his appeal dismissed in a published opinion from Division Two, Burkhamer v. State of Arizona, because two of the three Judges on the panel decided that the appeal was filed too...