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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

Sacramento Family Sues Hospital After Wrongful Death Of Their Newborn Baby, Part 10 of 10

Posted on June 23, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) The illegal provisions in this Agreement also affect its scope because they speak to the manner in which disputes will be resolved before the arbitration is called for and not after the arbitration has taken place...

Unconscionable Hospital Contract Used To Stop Sacramento Family's Malpractice Lawsuit, Part 9 of 10

Posted on June 21, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) Here, the agreement contains two illegal provisions, the unlawful unilateral provision that gives Defendant Black the right to a jury trial to collect fees from his patients, and the unlawful cost splitting provision...

Newborn Dies Due To Medical Malpractice By Sacramento Doctors, Part 8 of 10

Posted on June 19, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) Allocation of Arbitration Fees Article 3 of the Defendant Black's Physician-Patient Arbitration Agreement requires that each party pay for the cost of arbitration and the pro rata share of the arbitrator's fees...

Sacramento Physicians Demand Fee Arbitration After Woman Loses Child, Part 7 of 10

Posted on June 17, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) Here, Article 2 of Defendant Black's arbitration agreement begins in bold type stating: "All Claims Must Be Arbitrated...

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Wrongful Death Of Sacramento Newborn Due To Hospital's Malpractice, Part 6 of 10

Posted on June 14, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) Procedural Unconscionability Ms. Hall was pregnant and in need of an obstetrician to deliver her baby...

Sacramento Hospital Tries To Force Arbitration On Woman Subjected To Malpractice, Part 5 of 10

Posted on June 11, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) Unconscionability As noted above, to obtain the benefits of C...

Malpractice By Sacramento Physicians Results In Ruptured Uterus, Part 4 of 10

Posted on June 09, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) In the present case, Defendant Black's insertion of Article 2 into the arbitration agreement contradicts and undercuts the clear understanding of the consequences that patients were intended to obtain from subdivisions (a) and (c) of Section 1295...

Medical Negligence By Sacramento Doctors Leads To Child's Death, Part 3 of 10

Posted on June 07, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) ARGUMENT PLAINTIFFS SHOULD NOT BE COMPELLED TO ARBITRATE THEIR CLAIMS AGAINST DR...

Newborn Child's Death Leads To Sacramento Malpractice Suit, Part 2 of 10

Posted on June 04, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) The Physician-Patient Arbitration Agreement prepared by Defendant Black was signed by Ms...

Wrongful Death Of Sacramento Woman Caused By Medical Negligence, Part 2 of 5

Posted on June 03, 2010
The following blog entry is written from a defendant?s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court...

Sacramento Family Sues For Medical Malpractice, Part 1 of 10

Posted on June 01, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) Plaintiffs? Memorandum of Points and Authorities in Opposition to Defendant Ken Black, M...

Sacramento Woman Files Wrongful Death Suit Against Hospital, Part 1 of 5

Posted on May 30, 2010
The following blog entry is written from a defendant?s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court...

Defect In Sacramento Mall Sidewalk Not Trivial As Woman Is Injured, Part 5 of 5

Posted on May 25, 2010
The following blog entry is written from a defendant?s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court...

Sacramento Store Fights Liability For Trip And Fall By Customer, Part 4 of 5

Posted on May 23, 2010
The following blog entry is written from a defendant?s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court...

Slip And Fall At Sacramento Mall Store Leads To Lawsuit, Part 3 of 5

Posted on May 21, 2010
The following blog entry is written from a defendant?s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court...

Woman Trips and Falls Outside Sacramento Department Store, Part 2 of 5

Sacramento Mall Denies Responsibility For Trip And Fall, Part 1 of 5

Posted on May 18, 2010
The following blog entry is written from a defendant?s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court...

Shopper At Sacramento Mall Injured Due To Dangerous Sidewalk, Part 9 of 9

Posted on May 16, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) In Defendant next states that "Plaintiff has visited Universal Mall on multiple occasions...

Sacramento Mall Pedestrian Trips And Falls On Dangerous Sidewalk, Part 8 of 9

Posted on May 14, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) Defendant states that "Mrs. Brown was concentrating on getting to her car and looking straight ahead...

Sacramento Mall's Unsafe Pavers Cause Shopper To Fall, Part 7 of 9

Posted on May 11, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) GENUINE TRIABLE ISSUES OF FACT EXIST SUFFICIENT TO JUSTIFY THE COURT'S DENIAL OF DEFENDANT UNIVERSAL MALL'S MOTION FOR SUMMARY JUDGMENT In support of its motion, Defendant has offered its separate statement of undisputed facts and supporting evidence, asserting that these facts and supporting evidence warrant a granting of its motion on the theory that Plaintiff Judy Brown is unable to prove that Defendant had a duty of care toward her...

Dangerous Sidewalk Condition Results In Fall At Sacramento Mall, Part 6 of 9

Posted on May 09, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) In the instant case, Plaintiff's theory of the liability of Defendant Universal Mall is neither based upon or determined by the burden of proof set forth in the Government Code...

Major Crack In Mall Pavement Causes Injury To Sacramento Woman, Part 5 of 9

Posted on May 07, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) In the instant case, we are not presented with a "mere crack" in the pavement; rather, we are dealing with a one-inch rise in the pavement and a one-inch gap between the pavers...

Woman Suffers Serious Injuries After Fall At Sacramento Mall, Part 4 of 9

Posted on May 04, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) In its brief, Defendant cites the case of Kasparian v. Avalonbay Communities...

Sacramento Mall Owner Responsible For Sidewalk Trip And Fall, Part 3 of 9

Posted on May 02, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) Universal Mall argues that its summary judgment motion should be granted because Plaintiff cannot prove that it owed a duty of care toward her, because the sidewalk defect which caused her to trip and fall was "trivial in nature...

Defect In Sacramento Mall Sidewalk Results In Fall, Part 2 of 9

Posted on May 01, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) When Plaintiff Judy Brown exited Macy's store, she was walking at a normal pace, and was looking straight ahead towards the location of her parked car...

Sacramento Woman Trips And Falls At Mall, Part 1 of 9

Posted on April 28, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) Plaintiff Judy Brown's Memorandum of Points and Authorities in Opposition to Defendant Universal Mall's Motion for Summary Judgment STATEMENT OF FACTS Plaintiff Judy Brown and her husband, Kenneth, residents of Sacramento, California, went to Universal Mall, a shopping center located in Sacramento, California, on March 14, 2007...

Part 11 of 11

Posted on April 26, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/medical malpractice case and its proceedings.) In Mock v. Mich. Millers Mut. Ins. Co. (1992) 4 Cal.App.4th 306, 328, an insurance bad faith case, the court said the following with regard to punitive damages: Even before the 1987 amendments, the courts articulated a standard for the proof of malice where, as here, no intent to harm is claimed...

Medical Malpractice By Sacramento Physicians Leads To Elder Abuse Suit, Part 10 of 11

Posted on April 24, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/medical malpractice case and its proceedings.) PUNITIVE DAMAGES Civil Code �3294 is the statutory authority for a claim for punitive damages...

Sacramento Family Seeks Punitive Damages For Elder Abuse, Part 9 of 11

Posted on April 21, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/medical malpractice case and its proceedings.) Plaintiff will not be able to state a prima facie case of neglect by clear and convincing evidence...

Negligent Care By Sacramento Results In Elder Abuse, Part 8 of 11

Posted on April 19, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/medical malpractice case and its proceedings.) In Delaney the court went on to explain the difference between what could constitute professional negligence, as opposed to the type of neglect required to establish elder abuse, as follows: This difference in focus can be clarified by considering the differing types of conduct with which section 15657 and MICRA are concerned...

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