Personal Injury Law

Sacramento Jury Damages Award For Motorcycle Accident Challenged, Part 1 of 5

Posted on November 19, 2009
The following blog entry is part of the plaintiff?s response to the defendant?s new trial motion, which was posted earlier this month. (Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this motorcycle accident/personal injury case and its proceedings...

Huge Jury Award For Sacramento Motorcycle Accident Victim, Part 5 of 5

Posted on November 17, 2009
The following blog entry is written from a defendant?s position after a jury trial verdict for plaintiff. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in a personal injury case present such issues to the court...

Car Collides With Sacramento Motorcycle Rider, Part 4 of 5

Posted on November 15, 2009
The following blog entry is written from a defendant?s position after a jury trial verdict for plaintiff. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in a personal injury case present such issues to the court...

Sacramento Auto vs. Motorcycle Collision Injures Man, Part 3 of 5

Posted on November 13, 2009
The following blog entry is written from a defendant?s position after a jury trial verdict for plaintiff. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in a personal injury case present such issues to the court...

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Motorcycle Driver From Sacramento Severely Injured, Part 2 of 5

Posted on November 11, 2009
The following blog entry is written from a defendant?s position after a jury trial verdict for plaintiff. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in a personal injury case present such issues to the court...

Sacramento Man Injured In Motorycle Accident, Part 1 of 5

Posted on November 09, 2009
The following blog entry is written from a defendant?s position after a jury trial verdict for plaintiff. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in a personal injury case present such issues to the court...

Sacramento Dog Bite Victim Seeks New Trial, Part 8 of 8

Posted on November 06, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.) Jury Misconduct As Grounds For New Trial Jury misconduct (CCP 657(2): Juror misconduct so seriously infringes on the right to a fair trial that it raises a rebuttable presumption of prejudice...

After Vicious Dog Attack Sacramento Woman Sues To Recover For Injuries, Part 7 of 8

Posted on November 03, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.) B. Verdict Or Other Decision Against The Law (CCP 657(6) A motion for new trial may be granted on the ground of insufficiency of the evidence to justify the verdict or other decision against the law...

Sacramento Woman Fights Dog And Then Insurance Comapny, Part 6 of 8

Posted on October 29, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this bus accident/personal injury case and its proceedings.) The court may decide to disregard a witness' testimony because untrustworthy in light of inconsistencies and vagueness; then, weighing the remaining evidence, the motion for new trial should be granted if the verdict clearly cannot stand without that witness's testimony...

Dog Twice Attacks Sacramento Woman, Part 5 of 8

Posted on October 26, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this bus accident/personal injury case and its proceedings.) THE TESTIMONY OF SANDY WHITE ESTABLISHED THAT THE DOG HAD BEEN TO DEFENDANT TOPP?S RESIDENCE AT LEAST 5-6 TIMES...

Sacramento Woman Seriously Injured In Dog Attack, Part 4 of 8

Posted on October 23, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.) TESTIMONY OF PLAINTIFF SANDY WHITE A. Testimony from plaintiff White indicated that the dog that attacked her (twice) on the day of the incident not only came from the defendant Topp' residence, but that the dog could not be controlled by the residents of Topp home who were home at the time of the attack...

Lawsuit Filed After Woman In Sacramento Bitten By Dog, Part 3 of 8

Posted on October 21, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.) THE RESPONSE PROVIDED BY THE COURT TO JURY QUESTION #1 WAS MISLEADING AND DID NOT ADDRESS THE SPECIFIC QUESTION POSED BY THE JURY...

Owners Sued After Dog Attacked A Sacramento Woman, Part 2 of 8

Posted on October 18, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.) IT WAS AN ERROR OF LAW FOR THE COURT TO GRANT DEFENDANT'S MOTION FOR NON-SUIT ON THE PREMISES LIABILITY CAUSE OF ACTION AGAINST THE DEFENDANT DURING THE PENDENCY OF THE TRIAL...

Sacramento Woman Viciously Bitten By A Dog, Part 1 of 8

Posted on October 15, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.) Plaintiff SANDY WHITE ("White") will move this Court for an Order granting a New Trial/ JNOV against Defendant DIANA TOPP ("Topp") pursuant to sections 629, 657 and 662...

Sacramento Men Suffer Severe Emotional Injuries From Deadly Radio Contest, Part 6 of 6

Posted on October 13, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/personal injury case and its proceedings.) Paul Smith gags when he tries to drink water. Steven Davis has nightmares about his family dying...

Wrongful Death Suit Filed In Sacramento-Area Radio Contest, Part 5 of 6

Posted on October 12, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/personal injury case and its proceedings.) Thus, it is not unusual or atypical that the extent and nature of these emotional conditions was not discerned as part of Defendants? somewhat cursory depositions of the Plaintiffs...

Sacramento Radio Contestants Suffer Psychological Injuries, Part 4 of 6

Posted on October 10, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/personal injury case and its proceedings.) Dr. Everstine has diagnosed the following emotional and psychological injuries secondary to the subject incident: 1) Paul Smith: PTSD; anxiety; major depression; phobia with respect to water consumption; 2) Steven Davis: PTSD; general anxiety disorder; major depression, agitated type ; 3) Mike Jones: PTSD; anxiety disorder; panic attacks; sleep disorder; major depression, agitated type...

Three Sacramento Males Severely Injured In Fatal Radio Contest, Part 3 of 6

Posted on October 07, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/personal injury case and its proceedings.) Dr. Everstine has opined that this treatment is reasonable, necessary and causally related to the subject incident...

Sacramento-Area Radio Station Sued For Fatal Contest, Part 2 of 6

Posted on October 04, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/personal injury case and its proceedings.) DISCUSSION Because Defendants Offer Insufficient Undisputed Material Facts to Shift the Burden to Plaintiff, the Motion Must Fail The party moving for summary adjudication must show that plaintiff cannot establish an essential element for a cause of action...

Sacramento Plaintiffs Sue Radio Station Due To Wrongful Death, Part 1 of 6

Posted on October 02, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/personal injury case and its proceedings.) Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendant Radio Roseville?s Motion for Summary Adjudication INTRODUCTION In their latest attempt to escape liability, the Radio Defendants ask the Court to rule that Plaintiffs Paul Smith, Steven Davis, and Mike Jones (hereinafter, "the Smith Plaintiffs" ) cannot establish an essential element of their respective claims for Intentional Infliction of Emotional Distress, i...

Firefighter Claims Unlawful Workplace Harassment By Sacramento Fire Dept., Part 19 of 19

Posted on September 30, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) It should also be pointed out that to the extent that the Retirement Board found Mr...

Court Reviews Firefighter's Suit For Workplace Harassment, Part 18 of 19

Posted on September 28, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) Nowhere does Dr. X. challenge the Retirement Board's January of 2005 decision to retire plaintiff...

Firefighter Sues For Unlawful Termination By Sacramento Fire Dept., Part 17 of 19

Posted on September 26, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) IT WAS NOT ERROR TO ALLOW EVIDENCE OF ACTS THAT OCCURRED PRIOR TO JUNE 10, 2004 A...

Sacramento Firefighter Subjected To Workplace Harassment, Part 16 of 19

Posted on September 23, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) B. The Application for Involuntary Disability Retirement was an Adverse Employment Action The defendant cynically claims that it had a duty to apply for plaintiffs disability retirement because of the following language in Government Code §21153: Notwithstanding any other provision of law, an employer may not separate because of a disability a member otherwise eligible to retire for disability but shall apply for disability retirement of any member believed to be disabled...

Wrongful Termination Action Filed By Sacramento Firefighter, Part 15 of 19

Posted on September 21, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) PLAINTIFF WAS SUBJECT TO AN ADVERSE EMPLOYMENT ACTION A. The Fitness for Duty Evaluations The jury in this case determined that the defendant sent Mr...

Workplace Suit Filed By Sacramento Firefighter, Part 14 of 19

Posted on September 18, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) In Birschtein v. New United Motor Manufacturing, Inc. (2002) 92 Cal...

Sacramento Firefighter Sues To Prevent Forced Retirement, Part 13 of 19

Posted on September 15, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) Significantly, in Yanowitz the California Supreme Court addressed this tolling concept as it relates to the continuing violation doctrine: In Richards, we recognized that a strict approach to the statute of limitations could encourage early litigation, and that in order to minimize the filing of unripe lawsuits and to promote the conciliatory resolution of claims, the FEHA statute of limitations should be interpreted liberally to allow employers and employees an opportunity to resolve disputes informally...

Firefighter From Sacramento Fights For Job, Part 12 of 19

Posted on September 13, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) THE STATUTE OF LIMITATIONS WAS TOLLED WHILE PLAINTIFF FOUGHT FOR HIS JOB A...

Firefighter From Sacramento Alleges Workplace Discrimination, Part 11 of 19

Posted on September 11, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) Significantly-and fatally for the defendant's statute of limitations argument-the jury returned a verdict in favor of the plaintiff on his claim for failure to engage in a good faith interactive process and failure to accommodate-both of which were clearly based primarily on events that occurred within one-year of the June 10, 2005 DFEH filing...

Sacramento Firefighter Files Retaliation And Discrimination Claim, Part 10 of 19

Posted on September 09, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) 1) Sufficiently Similar in Kind Plaintiff presented evidence that retaliatory and discriminatory acts that were extremely similar in kind occurred both before and after the one-year limitations period...

Fair Employment Claim Filed Against Sacramento Fire Dept., Part 9 of 19

Posted on September 07, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) ACTS OCCURRING PRIOR TO JUNE 10, 2004 ARE ACTIONABLE UNDER THE CONTINUING VIOLATION DOCTRINE The defendant concedes that evidence of retaliation or discrimination outside the technical limitation period may still be actionable under the continuing violation doctrine...

Sacramento Fire Dept. Discriminated Against Firefighter, Part 8 of 19

Posted on September 03, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) If the defendant believed Mr.Carter was permanently disabled as a firefighter, then it had an ongoing duty under the law to alert him to job vacancies and to attempt to place him in vacant positions outside the Fire Department...

DFEH Claim filed By Sacramento Firefighter, Part 7 of 19

Posted on August 31, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) B. Failure to Accommodate / Failure to Engage in the Interactive Process Tellingly, the defendant's moving papers are completely devoid of any argument in favor of its assertion that plaintiff failed to identify acts in support of his claims for failure to accommodate or failure to engage in the interactive process within one-year of the June 10, 2005 DFEH filing...

Sacramento Firefighter Pushed To Early Retirement, Part 6 of 19

Posted on August 27, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) The defendant claims that the two discriminatory acts identified above occurred prior to June 10, 2004, and are thus not actionable...

Sacramento Firefighter Sues For Retaliatory Firing, Part 5 of 19

Posted on August 25, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) PLAINTIFF IDENTIFIED NUMEROUS ACTS OF DISCRIMINATION AND RETALIATION WITHIN THE 1-YEAR LIMITATIONS PERIOD With respect to plaintiff's disability discrimination and retaliation claims, he identified numerous acts that occurred within one-year of the filing of his DFEH Charge...

Firefighter From Sacramento Files Suit For Wrongful Termination,

Posted on August 22, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) STANDARDS GOVERNING MOTION FOR NEW TRIAL RULING A new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision ...

Employment Action Filed Against Sacramento Fire Dept., Part 3 of 19

Posted on August 19, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) 2) With respect to acts that occurred prior to June 10, 2004 (and this would include the initial referral for a fitness-for-duty evaluation and the submission of an involuntary retirement application) the jury had evidence that these acts were sufficiently linked to a course of retaliatory and discriminatory conduct that continued into the one-year limitations period, and were thus actionable as well under the continuing violation doctrine...

Sacramento Fire Department Sued For Discrimination, Part 2 of 19

Posted on August 17, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) To sum up plaintiff's position, there are at least four independent reasons that support the jury's determination that plaintiff filed a timely charge with the Department of Fair Employment and Housing: 1) The jury had evidence to find that actionable conduct occurred within one-year of the June 10, 2005 administrative filing with the DFEH...

Sacramento Firefighter Sues For Workplace Discrimination, Part 1 of 19

Posted on August 14, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) Plaintiff's Opposition to Defendant City of Sacramento Fire Department's Motion for a New Trial INTRODUCTION AND SUMMARY OF THE ARGUMENT The defendant's Motion for a New Trial is based on recycled arguments that have already been rejected by both the Trial Court and the Jury...

Infection At Sacramento Hospital Leaves Child Severely Injured, Part 4 of 4

Posted on August 12, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical negligence case and its proceedings.) The following blog entry is written from a defendant?s position as trial approaches...

Infected Child From Sacramento Sues Her Doctor, Part 3 of 4

Posted on August 09, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical negligence case and its proceedings.) The following blog entry is written from a defendant?s position as trial approaches...

Sacramento Physician Sued For Negligence, Part 2 of 4

Posted on August 06, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical negligence case and its proceedings.) The following blog entry is written from a defendant?s position as trial approaches...

Sacramento Family Sues For Medical Negligence, Part 1 of 4

Posted on August 04, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical negligence case and its proceedings.) The following blog entry is written from a defendant?s position as trial approaches...

Tobacco Company Sued By Sacramento-Area Woman, Part 7 of 7

Posted on August 03, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) Relatedly, the courts have recognized that the potential for jury confusion and prejudice is particularly acute in cases like this one, where the plaintiff proposes to spend far more time talking about conduct that affected other parties than the conduct that affected the plaintiff...

Wrongful Death Suit Filed By Sacramento-Area Woman, Part 6 of 7

Posted on August 01, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) The Kentucky Supreme Court reversed a punitive damages award and remanded for a new trial in a suit against an insurance company alleged to have made a bad-faith effort to settle a auto-injury claim, because the trial court improperly admitted evidence of the defendant's allegedly similar effort to stonewall another claimant...

Roseville Woman Seeking Punitive Damages, Part 5 of 7

Posted on July 30, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this personal injury case and its proceedings.) 3. Other cases Holdgrafer is far from the only post-State Farm appellate decision vacating a punitive award after holding that other acts evidence was improperly admitted...

Tobacco Company Challenges Punitive Damages Award For Sacramento-Area Woman, Part 4 of 7

Posted on July 28, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) After hearing this evidence and argument, the jury returned a $10 million punitive award that the trial court reduced to $5 million...

Punitive Damages An Issue In Wrongful Death Case For Roseville Plaintiff, Part 3 of 7

Posted on July 24, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) 2. Holdgrafer v. Unocal In Holdgrafer, decided by the Court of Appeal for the Second District, the defendant was Unocal, an oil company that owned a network of undergrounds oil pipes throughout California...

Sacramento-Area Woman Shows Reprehensible Conduct By Tobacco Company, Part 2 of 7

Posted on July 22, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) 1. State Farm v. Campbell The first case to explicitly discuss the use of other acts evidence for purposes of assessing reprehensibility in punitive damages trials was the United States Supreme Court's decision in State Farm...

Wrongful Death Claim Against Tobacco Company By Roseville Family, Part 1 of 7

Posted on July 20, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) Defendant's Bench Brief on the Relevance of "Dissimilar Conduct" Evidence to "Reprehensibility" Plaintiff acknowledges, as she must, that there has been a sea change in the governing constitutional law since this case was tried in 2002...

Wrongful Death Suit Filed On Behalf Of Sacramento Woman In Nursing Facility, Part 8 of 8

Posted on July 18, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) Dr. XY is incorrect when he asserts that no new facts have been alleged to support Plaintiffs' cause of action for elder abuse...

Elder Abuse At Sacramento Convalescent Home Results In Death, Part 7 of 8

Posted on July 16, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) Nursing notes written approximately six hours before Ms. Fine's family called the paramedics include the following entries: "Resident alert and responsive...

Doctor At Sacramento Skilled Nursing Facility Sued For Elder Abuse, Part 6 of 8

Posted on July 13, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) Despite repeated complaints from family members and assurances that Decedent's complaints of pain would be addressed, neither the nursing staff nor Dr...

Elder Abuse Claim Filed In Sacramento-Area Nursing Facility, Part 5 of 8

Posted on July 10, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) Plaintiffs' FAC alleges in paragraphs 9, 19, 20, 21, 24, 25 27, 28 and 29 that while in the care and custody of the moving party, Decedent suffered severe malnutrition, was unreasonably and continuously restrained, suffered pain that went untreated, suffered stage III decubitus ulcers, severe infection, acute untreated kidney failure, and severe dehydration...

Woamn Dies From Neglect In Sacramento Skilled Nursing Facility, Part 4 of 8

Posted on July 08, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) C. There Is No Requirement That Plaintiffs Show That Dr. XY Was The Custodian of Claire Fine. In his moving papers, Dr...

Wrongful Death Of Woman In Sacramento Convalescent Home, Part 3 of 8

Posted on July 06, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) A. Decedent Was a Dependent Adult Within the Meaning of Welfare & Institutions Code § 15610.23 Welfare & Institutions Code § 15610...

Sacramento Family Files Suit After Mother Dies From Elder Abuse, Part 2 of 8

Posted on July 04, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) PLAINTIFFS AGREE TO DISMISS THEIR FOURTH CAUSE OF ACTION AS TO DR. XY Plaintiffs agree to dismiss their Fourth Cause of Action for Fraud-Concealment as to defendant Dr...

Sacramento-Area Nursing Facility Sued For Abuse, Part 1 of 8

Posted on July 02, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) Plaintiffs' Opposition to Dr. David XY's Demurrer to Fourth Amended Complaint; Memorandum of Points and Authorities...

Healthcare Employee Files Discrimination Action For Retaliatory Firing, Part 8 of 8

Posted on June 28, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) DISPARATE TREATMENT CLAIM Although discovery has not been pursued with regard to this claim, Ms. Smith contends that Ethan Jones (her quasi-supervisor for a period of time because her direct supervisor rarely came to work) and Charles Green, her second level supervisor treated her differently than males in comparable positions...

Hospital Employye From Roseville Claims Workplace Discrimination, Part 7 of 8

Posted on June 26, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Exposing governmental inefficiency and misconduct is a matter of considerable significance. As the Court noted in Connick, public employers should, as a matter of good judgment, be receptive to constructive criticism offered by their employees...

Workplace Discrimination Action Filed Against Roseville Healthcare Provider, Part 6 of 8

Posted on June 24, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Foundation argues that Smith was terminated for legitimate reasons, cannot prove otherwise by showing that the reasons were pretext for retaliatory animus, and therefore it should prevail on summary judgment...

Roseville Healthcare Provider Sued For Wrongful Termination, Part 5 of 8

Posted on June 22, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) While working at Foundation North Side, Ms. Lane made frequent complaints to upper management, including officers and managing agents such as Oliver Browne and Ethan Jones, regarding the failure of Foundation to address serious patient and staff safety issues...

Female Employee Sues Roseville Hospital For Wrongful Termination, Part 4 of 8

Posted on June 20, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) In fact, both the reasons given for Ms. Smith's ultimate termination and the underlying reasons for the draft disciplinary letter which she printed from Mr...

Sacramento-area Hospital Sued For Workplace Discrimination, Part 3 of 8

Posted on June 17, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Foundation has a very clear national policy regarding Corrective/Disciplinary Action because it is obligated to have one. Foundation Group (FG) must comply with specific legal/regulatory standards that include, but are not limited to, those indicated by Medicare and other government program billing requirements, Guidance issued by the Centers for Medicare and Medicaid Services, the Department of Health and Human Services, the Compliance Program Guidance issued by the Office of the Inspector General, and HIPAA/Privacy and Security regulations ...

Roseville Employee Files Wrongful Termination Action, Part 2 of 8

Posted on June 15, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY AND VIOLATION OF LABOR CODE SECTION 6310 (AND HEALTH AND SAFETY CODE SECTION 1278...

Workplace Discrimination At Sacramento-area Hospital, Part 1 of 8

Posted on June 12, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Plaintiff's Mandatory Settlement Conference Statement Plaintiff Elaine Smith, a Workplace Safety Specialist employed at Foundation Hospital in Roseville was wrongfully terminated on January 10, 2006, in violation of public policy and Foudation's own policies...

Roseville Girl Suffers Birth Injuries, Part 1 of 4

Posted on June 10, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Plaintiffs' Trial Brief on Substantial Contributing Factor; There is No Apportionment of Causation (Espinosa)MEMORANDUM OF POINTS AND AUTHORITIES INTRODUCTION This is a medical negligence action wherein the minor Plaintiff, KYLIE SMITH, suffered severe birth injuries...

Medical Malpractice Leaves Sacramento-area Girl Injured, Part 2 of 4

Posted on June 07, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) PLAINTIFFS' EXPERTS ARE REQUIRED TO TESTIFY ONLY AS TO WHETHER THE CAUSATION WAS A SUBSTANTIAL FACTOR - AND THEY ARE NOT REQUIRED TO QUANTIFY THE PERCENTAGE OF INJURY Plaintiffs' experts are required only to testify whether a cause of injury is a substantial factor and this has long been the rule in California: The law defines cause in its own particular way...

Negligent Sacramento Physicians Cause Girl's Birth Injury, Part 3 of 4

Posted on June 05, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) The Espinosa court also held that having demonstrated the substantial factors in causing plaintiff's brain damage, It was not necessary that plaintiff prove any particular apportionment as was required by the trial court...

Roseville Family Files Suit For Child's Traumatic Brain Injury, Part 4 of 4

Posted on June 03, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Consequently, Plaintiff submit Judicial Council jury instructions Numbers 340 and 341 on the issue of causation. The above instructions are in accord with BAJI: There may be more than one cause of an injury...

Sacramento-area Farmer Catastrophically Injured In Tour Bus Accident, Part 6 of 6.

Posted on May 24, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Defendant driver, Bobbi Jones, had driven this trip 17 of the 19 years that it had taken place, and prior to this year she had never had a problem...

Charter Bus Company Liable For Seriously Injuring Passenger, Part 5 of 6.

Posted on May 22, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) 2. Olivia Stark further testified about all the incidents caused by defendant JONES: ?Q. After Bobbi slammed on the brakes the first time, did you overhear any kind of complaints about her driving? A...

Elk Grove Tour Bus Accident Due To Driver Negligence, Part 4 of 6.

Posted on May 20, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) On October 19, 2006, Tim Stark and Olivia Stark were deposed. Their condensed depositions are referenced herein. Mr. and Mrs...

Interstate 5 Bus Accident Injures Female Passenger, Part 3 of 6.

Posted on May 18, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) V. ECONOMIC DAMAGES Past Medical: Meridian Resource Company $ 386,407.13 Trauma Medical Group of Roseville $ 7,017.96 Patient Copays: Sutter Auburn Home Health $ 137...

Charter Bus Driver's Negligence Injures Sacramento-area Woman, Part 2 of 6.

Posted on May 15, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) III. INJURIES After the incident, plaintiff had immediate onset of right side pain. The morning after her return from the trip, she saw Gary Bell, D...

Tour Bus Accident Leaves Sacramento-area Woman Injured, Part 1 of 6

Posted on May 13, 2009
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Plaintiff, NANCY KLEIN, hereby submits the following Mediation Brief. I. BACKGROUND At the time of the incident, plaintiff, NANCY KLEIN, was 60 years of age...

Huge Jury Award For Motorcyclist Who Hit Wild Boar

Posted on March 30, 2009
A Monterey County jury has ordered the state to pay $8.6 million to a motorcyclist who was severely injured when he struck six wild boars on a state highway in 2003. The jury held the state responsible for Adam Rogers' injuries because officials knew that wild pigs regularly crossing a stretch of Highway 1 just south of the Carmel River were creating a dangerous situation, but they did nothing to address it...

What Do I Do If I've Been Injured In An Automobile Accident?

Posted on March 26, 2009
The answer, to some degree, depends on the circumstances of your particular accident. However, there are some general guidelines that should help you determine what to do after you have been injured. Not every situation will be covered here, but this should help make the process a little less stressful and confusing...

Protect Yourself From Uninsured Motorists

Posted on March 25, 2009
You leave your house to drive to work or take the kds to school feeling very comfortable with your automobile insurance coverage. You feel protected because your policy has high liability coverage limits, so there's nothing to worry about. Correct? Not so fast...

Two Sacramento Women Hurt After Drunk Driver Runs His Car Into Salon

Posted on January 06, 2009
Could you imagine sitting in your lovely little Store, tending to customers or stocking the shelves with your newest products. You're just Minding your own business, and having a regular day, when suddenly a van drives through the front door of your store...

House Explosion Kills one and Injures five Sacramento Residents

Posted on January 06, 2009
Christmas Eve a house exploded in Rancho Cordova, right off Highway 50 between Sacramento and Lake Tahoe. One elderly man was killed and five other people were injured. As a Sacramento Personal Injury Lawyer and a resident of this area, it is very alarming when a home mysteriously blows up, a home that could have easily been mine or a family members...

Young Man Dies in Drunk Driving Accident in Sacramento

Posted on December 23, 2008
The Christmas season is a time of celebration. Unfortunately, for some this means drinking large quantities of alcohol and then getting behind the wheel to drive from Christmas party to Christmas party. Last weekend, there were six drunk driving arrests and one DUI related fatality in Placer County near Sacramento, CA...

Real Case: Man Rear Ended on Highway 50 in Sacramento

Posted on December 19, 2008
The following is an actual case fought and settled by Attorney Moseley Collins. It involved a man who was rear-ended on Highway 50 in Sacramento, CA. The names have been changed to protect the privacy of the involved parties. Robert Brown was a healthy 38 year old man...

High Risk California Jobs: Linesman

Posted on December 12, 2008
You tend to not notice linesman working on telephone poles as it is a common sight, just part of the landscape here in Sacramento, California, as you drive by. Most of today?s line work takes place out of a bucket truck or on ladders but there are still a lot of folks climbing poles to keep the utility systems running everyday...

A Broken Arm in Sacramento

Posted on December 11, 2008
What are the legal issues involved when someone breaks an arm? Well that depends on a lot of things, a lot of variables. For example: ? A 12-year-old boy breaks his arm and cannot go swimming for 4 weeks. (Inconvenience or Disability?) ? A 29-year-old man breaks his arm and can not ride his motorcycle (or stick shift car)...

Personal Injury Statistics

Posted on August 11, 2008
Every day people suffer from a personal injury whether it be minor or major. Though there are many types of personal injury situations, below are some of the top personal injury situations located at http://www.resource4personalinjury.com Personal Injury from Car Accidents...

Top Ten Most Aggressive Dogs in America

Posted on August 08, 2008
Everyday, 1,008 people are admitted into the hospital for a serious dog bite. Many people have suffered from a dog bite whether it be minor or major. We have done some research, and have found the top ten most aggressive dogs. These dogs have the most reports for dog bites and attacks...

Slip and Fall Statistics, Facts, and Tips.

Posted on August 06, 2008
Many people every year suffer major injuries from slip and fall accidents. Wet floors, faulty floors and, walkways have made many people victims of slip and fall cases. Even though there are many who are victims of slip and fall accidents, there are some who could of easily prevented the accident themselves...

Facts and Stats on Elder Abuse

Posted on August 04, 2008
Many people suffer from some type of abuse through out their lives, whether it be verbal, physical, or sexual. The elderly are a huge group that suffer from abuse, mainly negligence. Here at the Law Offices Of Moseley Collins, we have dealt with numerous cases involving elder abuse...

Personal Injury Statistics

Posted on July 19, 2008
Every day people suffer from a personal injury whether it be minor or major. Though there are many types of personal injury situations, below are some of the top personal injury situations located at http://www.resource4personalinjury.com Personal Injury from Car Accidents...

Postal Carrier Attacked By Four Pitbulls

Posted on July 17, 2008
A postal carrier was cornered and attacked by four Pit Bulls-mix dogs, July 15th in Fresno California, south of Sacramento. The postal carrier was returning to her mail truck when she was suddenly cornered by the four dogs. They were extremely aggressive and before the woman fell to the ground the dogs were biting at the mail in her hands...

Dog Attack Statistics and Tips

Posted on July 14, 2008
Dog Bite Facts: *An estimated 4.7 million Americans will be bitten this year. *Children are the primary victims. The elderly and home service workers such as mail carriers and meter readers are also high on the list. *As many as 800,000 people annually require medical treatment for dog bites...

Man Attacked by Two Pit Bulls

Posted on July 11, 2008
Tim Tillman, a Sacramento, California resident, was attacked by two pit bulls June 16th, 2008. According to a story that appeared in the Sacramento Bee, Tillman, a Sacramento Municipal Utility District employee was bit on both arms and had one hand mangled while working...

California Hospitals Making Too Many Mistakes

Posted on June 30, 2008
California Hospitals have to start cleaning up their act, now that they are being reported for 'adverse events'. From August 2007 to May 2008 California Hospitals have had 41 different situations where doctors preformed surgery on the wrong body part or the wrong patient...

Brothers Attacked by Zoo Tiger Suing City

Posted on April 08, 2008
The two brothers who were attacked by a tiger at the San Francisco Zoo are now filing a claim against the city of San Francisco, alleging negligence and defamation. The brothers, Kulbir and Amritpal "Paul" Dhaliwal, along with a friend, 17 year-old Carlos Sousa, Jr...

Post Office Worker Bitten by Pit Bull

Posted on March 28, 2008
A female postal worker was bitten by a Visalia, CA, woman's pit bull last Wednesday afternoon. The pit bull was one of the woman and her family's three dogs. According to the Visalia Times, the postal worker was walking by the family's home when the seventy-pound dog, called Corduroy, pushed open the backyard gate and ran toward her...

Good Samaritan Saves Woman from Dog Attack

Posted on March 07, 2008
An unidentified man in the Citrus Heights area, a suburb east of Sacramento, CA, is being heralded as a "Good Samaritan" by Michael and Joanne Golden, a couple who lives in the area. He earned the title one Sunday afternoon this January when he saved Joanne and attempted to save her dog, Cody, from a vicious and unidentified pit bull...

Young Hero Shields her Mother from Bullets

Posted on February 21, 2008
Seven year old Alexis Goggins is soft spoken and shy. One might not expect the young girl with a learning disability to be very courageous, much less a hero, but that is exactly what she is. In Detroit, Michigan, a far cry from Sacramento, Alexis and her mother, Seliethia Parker, were taken hostage by Parker's ex-boyfriend in their home town...

Severe Injury Results From Amusement Park Ride

Posted on February 11, 2008
Injuries associated with amusement park rides always leave me a bit uneasy, and I find I am reminded of them any time our State Fair comes to our Sacramento home or when my family pleads with me to go to Disneyland. Recently, a lawsuit has been brought against a Six Flags Theme Park located in Kentucky...

Southern California Wrongful Death

Posted on November 14, 2007
In Southern California, a lawsuit is being brought against Los Angeles County for the death of a 43-year old woman. The personal injury case seeks $45 million, claiming negligence, wrongful death, and medical malpractice against the county-staffed Martin Luther King Jr...

Product Recall: Aqua Dots Metabolize Into Dangerous Drug

Posted on November 14, 2007
There has been a world-wide recall of a toy called Aqua Dots. It is always frightening to find a toy recalled because of defects or a choking hazard, anything that may bring harm and injury to our children immediately send parents racing around the house, removing the invading toy threat...

Food Contamination Causes Outbreak of Salmonella

Posted on November 03, 2007
Walking into one of our Sacramento grocery stores nowadays, I find myself wondering if I am going to be purchasing another product that will show to have some sort of bacteria attached to it, and after consumption, find that it has been recalled. Food poisoning is not the most pleasant of experiences...

Negligence of Nursing Home In Sacramento Area Results in Three Deaths

Posted on October 31, 2007
In our Sacramento area, owners and two employees of a Citrus Heights care facility are being arrested and tried for the deaths of three of their elderly residents. It was around this time last year that a fire tore through the halls of the facility. All employees and some residents were able to escape the fire, with the exception of three...

Six Years Later: The Story of a Boy Attacked by Three Pit Bulls

Posted on October 30, 2007
I read an incredible story in the news today about a high school boy and his road of recovery since a severe dog attack. The young man?s name is Shawn Jones. When Shawn was 10-years old, he saw his whole life change. One afternoon, Shawn was riding his bike, when a pack of three pit bulls attacked him...

Trip-and-Fall Causes Serious Injuries

Posted on October 23, 2007
I read the craziest story in the news today. It is about a personal injury lawsuit in Southern California in which a woman was injured from a trip-and-fall and then assaulted. The woman, Star Harris, states that she was in 7-11 when she fell over some crates that were in her way...

Roseville Dentist Commits Sexual Battery on Female Patients

Posted on October 19, 2007
A dentist?s from our Sacramento area had his licensed pulled while he faces charges of battery and sexual battery on some of his female patients. Twenty-seven women have come forth in this case, stating that the dentist, Dr. Mark Anderson, groped their breasts during their examinations...

Food Allergies Cause Personal Injury Suit Against McDonald's

Posted on September 30, 2007
A food allergy can be a difficult and tiresome battle to deal with. Parents with children of food allergies, especially more-encompassing allergies such as gluten, know the caution needed to be taken each time their child is given something new to eat...

Children's Hospital in Sacramento Provides Pet Therapy to the Severely Injured

Posted on September 28, 2007
In our own home town of Sacramento, pets are being used to heal sick children. Yes, you heard me right. At Shriners Hospital for Children - Northern California, volunteers bring in pets for the children to play with or just be around. The children seem to greatly benefit from the pets...

Attack in Spin Class Causes Back Injury

Posted on September 25, 2007
I read an interesting story today in the news. A spin class at a posh health club ended with an assault and serious back injury. Apparently, a Wall Street stock broker, Christopher Carter, snapped during the cycling class and attacked another cyclist, Stuart Sugarman...

Wrongful Death - A Sacramento Lawyer Explains

Posted on September 19, 2007
When someone you love dies, it can be one of the most difficult struggles to deal with. When that person is killed because of someone else?s negligence or intentional actions, it is nothing less than devastating. When this occurs, it is called wrongful death, meaning someone is killed because of another person?s misconduct, negligence, or intentional action...

Dangerous! Sacramento Bee Finds Many College-Aged Students Not Insured

Posted on September 16, 2007
Accidents happen to people of all ages. Adults take brutal slip and falls, teens suffer from devastating spinal cord injuries, young adults get into severe car accidents. No matter what your age, you should always have insurance to protect you in these situations...

Heart Attacks A Common Medical Malpractice

Posted on September 08, 2007
Heart disease is the number one killer of Americans today. In the United States, one-fourth of all Americans have heart disease, accounting for about 64 million people. In our home of Sacramento, California, about 450,000 people suffer from heart disease...

Assault on Employee Brings Case Against Wendy's

Posted on September 03, 2007
I read an article in the news today about a Wendy?s employee suing the company in a personal injury suit. As a Personal Injury Attorney in Sacramento, I think it is always interesting to learn about cases going on throughout the United States, especially if they are not your typical story...

Close Call: Airplanes Nearly Crash Into Each in Southern California

Posted on August 17, 2007
Two airplanes almost collided south of our Sacramento home on Thursday at the Los Angeles International Airport (LAX). The first plane, a WestJet, carrying 132 passengers was flying in from Canada. The second, a Northwest jet, carrying 150 passengers, was taking off...