Wrongful Death

• Unethical Abortion Doctor Sued for PA Wrongful Death and Charged with Murders

  Michael Monheit | January 23, 2011 7:03 AM | 17 CommentsPhoenix, AZ

  This is the story of a 41-year-old wife and mother who spent her life in a third-world country only to come to America under a humanitarian resettlement program. Karnamaya Mongar, then died in...

• Civil Lawsuits are the Only Option for Victims of Dr. Kermit Gosnell

  Michael Monheit | January 22, 2011 10:55 AM | 2 CommentsPhoenix, AZ

  A society needs to protect its weakest individuals. That especially includes the unborn. And when the government fails to protect us from harm, we must protect ourselves. This is one of the lessons...

• Enron and Corporate America

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

  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...

• STATE FAIR TRAGEDY: The Show Must Go On – NOT ALWAYS!

  Jeffrey Downs | August 17, 2011 4:33 PM | 0 CommentsPhoenix, AZ

  A large crowd of attendees waited in anticipation for the band Sugarland to take the stage Saturday night when a 60-plus mph wind gust toppled the stage onto the crowd ultimately causing the death...

• Amusement Ride Safety: Roller Coaster Death Tragedy – Is Federal Oversight A Necessary Evil?

  Jeffrey Downs | August 16, 2011 2:23 PM | 0 CommentsPhoenix, AZ

  Tragedy struck the Darien Lake Theme Park and Resort near Buffalo New York just last month when a 29 year old man fell to his death in a horrific fall from a 200-plus foot roller coaster. News...

• Business Owners Now Owe Nondelegable Duties to Keep Premises Reasonably Safe

  Geoff Trachtenberg | December 26, 2007 1:18 PM | 0 CommentsScottsdale, AZ

  "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...

• Mother is Charged With Homicide After Son Dies in Car

  Jenny Albano | October 31, 2007 4:24 PM | 0 CommentsPhoenix, AZ

  A mother of a 17 year-old month boy went in to work at Hooters Tuesday morning and when she returned to her car when her shift was over she realized she had forgotten her son was still in the vehicle. Unfortunately the toddler died because of the temperatures in the car.Ashly Duchene was booked with a felony count of negligent homicide. She normally dropped her son off at daycare before work,...

• Arizona Courts Have General Personal Jurisdiction over Foreign Insurers

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

  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...

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

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

  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,...

• Circumstances of Death Are Admissible in Wrongful Death Actions To The Extent They Impact on Shock, Grief and Emotional Distress of Statutory Survivors

  Geoff Trachtenberg | May 26, 2007 3:43 PM | 0 CommentsScottsdale, AZ

  Division One just put out an opinion in Girouard v.Skyline Steel involving interpretation of the wrongful death statute. The case involved admitted liability, but disputed damages where the decedent burned to death in car accident. The Court clarified that, while pre-death suffering is not compensable in a wrongful death action, the horrific circumstances of the death, the necessity of closed...