Posts tagged Wrongful Death

• No Personal Jurisdiction Over Across-the-Border Bar That Overserves Patron Killing Arizona Pedestrian

  Geoff Trachtenberg | February 29, 2008 12:34 PM | 0 CommentsScottsdale, AZ Category: Automobile Accidents
  

  Interesting and disappointing personal jurisdiction memo opinion from Division One, Womack v. KC Arena. In short, KC operates a bar on the Nevada side of the Arizona-Nevada border, over served a patron who then drove across the state line and killed an Arizona pedestrian. Moreover, plaintiffs asserted that KC employees knew the patron lived in Bullhead City and that he would return there after...

• 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...

• 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...

• Supreme Scrooge: Arizona's Supreme Court Delivers a Serious Blow to Products Liability

  Geoff Trachtenberg | December 09, 2007 6:32 AM | 0 CommentsScottsdale, AZ Category: Automobile Accidents
  

  Worried about lead in your toys this Christmas? You now have something else to worry about - if those toys harm or kill your children, your rights and remedies in the state of Arizona are under serious attack.This week, in State Farm Ins. Co. v. Premier Mfg. Sys. Inc., the Arizona Supreme Court held that, despite centuries-old common law "strict liability" in product liability cases, Arizona's...

• Mother is Charged With Homicide After Son Dies in Car

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

  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,...

• 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...

• 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...