personal injury lawsuit

Fenimore v. Regents of Univ. of Cal. – Hospital Fall Injury Lawsuit

April 18, 2016 | Associates and Bruce L. Scheiner

The family of an elderly man who died after suffering a fall soon after his admission to a hospital will have the opportunity to pursue elder abuse claims against the facility and staff for alleged negligence and wrongful death.

In Fenimore v. Regents of Univ. of Cal., a lower court had sustained a demurrer requested by the defense, which would have blocked this cause of action. However, the California Court of Appeals, Second Appellate District, Division Eight, reversed, finding trial court shouldn’t sustain a demurrer when plaintiff has a stated cause of action under at least one viable legal theory – and there were several in this case.

Cases like this require an experienced and dedicated injury lawyer to determine the best course of legal action. Anytime a claim involves a medical facility – even if it does not involve medical negligence – must be approached with careful strategy. Continue reading ›

Manfre v. Shinkle – Horse in Road Liability Lawsuit

February 25, 2016 | Associates and Bruce L. Scheiner

Most horse owners and caretakers do their best to properly restrain and confine horses and livestock. These animals are expensive to purchase and maintain and for many people, they are also beloved pets.

However, if these animals do make their way onto a public road, they put the public at serious risk of injury or death. The average horse weighs between 840 to 1,210 pounds, and the average cow weighs nearly a ton. Striking an animal that size – even at a relatively low speed – can result in major damage to one’s vehicle and person.

In these situations, who is responsible? Injury victims may have several options, depending on the circumstances. But in the recent case of Manfre v. Shinkle, Florida’s Fifth District Court of Appeal determined plaintiff couldn’t hold the local sheriff’s office accountable. Continue reading ›

Injury Lawsuit Against 12-Year-Old Gives Woman “Worst Aunt” Label

November 1, 2015 | Associates and Bruce L. Scheiner

It was her 8-year-old nephew’s birthday party, and he was thrilled to see her. The boy raced up excitedly to his aunt and tackled her, causing her to catch him as he jumped into her arms and she fell over. The result was a fracture of her left wrist.

Now, four years later, she has been dubbed by some media outlets and commenters as the “worse aunt” after a jury rejected the claims made in her personal injury lawsuit against her nephew, now 12, whom she alleged was negligent in his exuberant greeting.

But there is reason to stop and reconsider. This case was almost certainly not about a beloved aunt trying to collect money from a minor or his father (the boy’s mother, plaintiff’s cousin, died last year). It was an attempt to collect compensation for medical bills from a homeowner’s insurance policy. In Connecticut, as in most states, insurance companies can’t be named as defendants in an initial cause of action. The reason is because courts have found it may prejudice jurors who may more readily find against a defendant who is known to have insurance and therefore the ability to pay. Continue reading ›