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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

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...

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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...

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