C. Employer's Assumed Obligation Exception. If the employer assumes responsibility to furnish transportation to and from the job site the going and coming rule will not prevent an injury from being compensable. In Pribyl v. Standard Elec. Co., 67 N.W. 2d 438 (Iowa 1954) the claimant was traveling to a job site in his own vehicle, under his own control, being paid eight cents per mile for a...
The City Council of Apple Valley will hear the first reading of the new ordinance pertaining to dog safety in the community and may approve it as early as October 25, 2007. The new ordinance allows for a more detailed description of what is meant by "proper enclosure." It also bans dangerous dogs from all areas of the city except industrial zones. "A truly dangerous dog is not something we want...
A two-car motor vehicle collision in Pleasonton on Saturday resulted in the death of a 19 year-old girl, and the serious injury of two others. The auto accident occurred around 10:00 a.m. on Saturday, on Foothill Road in Pleasonton. The 19 year-old driver of a Ford Mustang, southbound on Foothill Road, collided head-on with a Mercedes SUV traveling northbound. Laurel Williams, a passenger in the...
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...
A closed head injury is an injury to the brain without a breach of the skull or the brain's surrounding tissues by a penetrating object. The biomechanics of a closed head injury may be understood by examining the inner dynamics of the skull and brain when influenced by the forces of acceleration, deceleration and rotating motions.When the head is subjected to rapid acceleration and then...
Florida served subpoenas on the state's fourth-largest insurance company as part of Florida's investigation into possible conspiracy among property insurers to keep prices high. The subpoenas order Allstate to produce documents pertaining to its business relationships and practices with trade groups. The subpoenas were served on Allstate and its subsidiary Allstate Floridian Insurance Co. about...
In the last two weeks, the FDA has issued press releases concerning food products that did not disclose ingredients that could cause harm to consumers. Lochmead Dairy has recalled half gallons of Lochmead Farms Country Fresh Chocolate Premium Ice Cream with code date June 22, 2008 because these products may contain undisclosed almonds. This past week, Shain's of Maine Ice Cream has recalled...
Multi-symptom cold medicines for children have come under increasing fire recently from public health advocates as well as the FDA. In a few instances, these cold medicines have been linked to children's deaths. Now, some advocates are calling on an outright ban of the products. The problem with the multi-symptom products is that they contain a wide variety of drugs used to treat different...
Payless ShoeSource, Inc. has announced the recall of about 90,000 girls' boots, made in China, because of a risk of injury due to "slip and fall" accidents. The jeweled, "Hannah Montana" engraved boots have guitar-shapped zipper pulls, which can get caught on each other as the child walks, causing the child to trip. Payless has received reports of five instances of children tripping due to this...
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