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Personal Injury Law

Sacramento Injury Lawyer Blog

Covers news and events dealing with accident and injury law.
By Moseley Collins, Esq.

Post Frequency: 1.3/day

Last Entry: March 28, 2011 at 11:46:41

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...

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...

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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...

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...

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