Plaintiff’s Case Permitted to Proceed Against Private Company Responsible for Maintaining Traffic Lights

Earlier this month, an appellate court issued a written opinion in a California car accident case requiring the court to discuss whether the lower court was proper to dismiss the plaintiff’s claim in a pre-trial motion for summary judgment. The lower court based its decision to dismiss the case on its finding that the defendant did not owe the plaintiff a duty of care. Ultimately, on appeal, the court concluded that the defendant may have owed the plaintiff a duty of care, and therefore it reversed the lower court’s dismissal of the plaintiff’s case. The Facts of the Case The plaintiff was injured in a car accident when the vehicle in which she was traveling entered an intersection during a power outage and was struck by another motorist. At the time of the collision, the traffic light was not illuminated despite the fact that the traffic light had a back-up battery power source. The defendant was a private company that was contracted by the city to perform…

https://www.southerncaliforniainjurylawyer.net/2017/11/plaintiffs-case-permitted-proceed-private-company-responsible-maintaining-traffic-lights/

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Plaintiff’s Case Permitted to Proceed Against Private Company Responsible for Maintaining Traffic Lights

Crazy van driver fatally hit pedestrian over fender-bender fight in Brooklyn, NYC

A pedestrian was killed by a van driver who had previously crashed into his car in a supermarket parking lot in New York City. The 65 year old victim was coming out of Costco on Second Ave and 37th Street in Sunny Park, Brooklyn when he saw a commercial van striking his car and driving Continue reading Crazy van driver fatally hit pedestrian over fender-bender fight in Brooklyn, NYC
http://www.drgleesonlaw.com/crazy-van-driver-fatally-hit-pedestrian-over-fender-bender-fight-in-brooklyn-nyc/

Crazy van driver fatally hit pedestrian over fender-bender fight in Brooklyn, NYC

Crazy van driver fatally hit pedestrian over fender-bender fight in Brooklyn, NYC

A pedestrian was killed by a van driver who had previously crashed into his car in a supermarket parking lot in New York City. The 65 year old victim was coming out of Costco on Second Ave and 37th Street in Sunny Park, Brooklyn when he saw a commercial van striking his car and driving off. The victim jumped in his car and started chasing the van.  He followed the van up to Third Ave and 65th Street in Bay Ridge.  At this point he got out of his car and walked to the van to confront the driver. The 55 year old van driver struck him, ran over him and dragged him over two blocks. Witnesses in the street were screaming at the van driver to stop. He was stopped by another motorist who also witnessed the scene and drove his car in front of the van to stop him.  The firefighters had to lift the van to remove the victim who was rushed to the hospital. Unfortunately he couldn’t be saved. The van driver was taken into police custody.

https://www.newyorkpersonalinjuryattorneysblog.com/2017/11/crazy-van-driver-fatally-hit-pedestrian-fender-bender-fight-brooklyn-nyc.html

Crazy van driver fatally hit pedestrian over fender-bender fight in Brooklyn, NYC

“Me Decían Que Yo Pagara Todo…Pero Yo No Tenía Dinero Para Pagar ni el Transporte De Las Clínicas, ni la Clínica, Doctores, Nada.”

Sr. Cupuchino, de Dallas, Texas, nos dice como Angel Reyes y el personal de el Bufete de Abogados de Reyes Browne Reilley le ayudó a él recuperarse de daños sufridos de un accidente automovilistico. “Mi nombre es José Capuchino, yo contraté los servicios de aquí de los abogados Reyes, porque el 28 de marzo de este año tuve un accidente aquí en la Northwest y la Lombardi Lay. Una señora se pasó la luz en rojo, yo iba a dar vuelta y ella me golpeó en un costado y la camioneta fue pérdida total. Llamé a la aseguranza que tenía que pagarme todo, pero me hicieron batallar bastante del carro, también para ir al trabajo no tenía en qué, estaba lesionado entonces perdí días de trabajo. Y estaba comunicándome con la aseguranza de la persona que me golpeó, pero me decían que yo pagara todo y después ellos me reembolsaban…

https://www.reyeslaw.com/blog/2017/11/decian-que-yo-pagara-todo-pero-yo-no-tenia-dinero-para-pagar-ni-el-transporte-de-las-clinicas-ni-la-clinica-doctores-nada/

“Me Decían Que Yo Pagara Todo…Pero Yo No Tenía Dinero Para Pagar ni el Transporte De Las Clínicas, ni la Clínica, Doctores, Nada.”

Is the Air Force Liable in Texas Church Shooting?

Last week, Devin Kelley gunned down 26 people in a church in Sutherland Springs, Texas. As it turns out, due to an Air Force court-martial for domestic violence, Kelley should never have been allowed to purchase the AR-15 military-style rifle he used in the shooting. The problem was that the Air Force never reported his Continue reading Is the Air Force Liable in Texas Church Shooting?
http://www.drgleesonlaw.com/is-the-air-force-liable-in-texas-church-shooting/

Is the Air Force Liable in Texas Church Shooting?

Is the Air Force Liable in Texas Church Shooting?

Last week, Devin Kelley gunned down 26 people in a church in Sutherland Springs, Texas. As it turns out, due to an Air Force court-martial for domestic violence, Kelley should never have been allowed to purchase the AR-15 military-style rifle he used in the shooting. The problem was that the Air Force never reported his conviction to the National Criminal Information Center database used for gun-buying background checks.

According to the New York Times, the Air Force admitted that Kelley’s domestic violence conviction should have been entered into the database and promised to conduct a review of similar cases to determine if others had been properly reported. But could that failure also lead to civil liability in the shooting? Here’s a look:

Immunity?

While government agencies are often given immunity from civil lawsuits based on discretionary judgments, Timothy Lytton, law professor at Georgia State University, told Reuters the Air Force may not be able to invoke immunity in this case. When it came to reporting Kelley’s domestic violence conviction, the Air Force failed to meet a legal requirement and such a failure does not fall within the service’s discretion.

“I think plaintiffs have a strong case that could prevail against potential challenges from the government,” Yale Law School professor Peter Schuck agreed, telling Reuters immunity would likely not bar a lawsuit filed by the victims and families against the Air Force based on Kelley’s ability to purchase firearms.

Liability?

But just because the Air Force can be sued does not necessarily mean such a lawsuit would be successful. As other legal experts have pointed out, the central question would be whether the Air Force’s clerical failure was the proximate cause of the deaths in Texas. Any injury lawsuit against the Air Force would be heard before a single judge rather than a jury, and courts have generally declined to find entities other than the shooters liable for mass shooting deaths.

No such lawsuits have been filed as of yet, but attorneys for the victims remain optimistic. “We believe we have a viable case against the Air Force,” Houston attorney Hartley Hampton (who says he’s been approached by the family of one of Kelley’s victims) told Reuters.

Related Resources:

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http://feeds.findlaw.com/~r/Injured/~3/yZKYOGWQap4/is-the-air-force-liable-in-texas-church-shooting.html

Is the Air Force Liable in Texas Church Shooting?

Deadline set to December 1st for Electronic reporting of injuries and illnesses to OSHA

Employers who are required to fill what is commonly called the “OSHA Log” have to submit their 2016 injury and illness data electronically by December 1st. The original deadline was July 1st but OSHA announced in May that the deadline would be postponed. OSHA didn’t provide any specific date at the time. This requirement complies Continue reading Deadline set to December 1st for Electronic reporting of injuries and illnesses to OSHA
http://www.drgleesonlaw.com/deadline-set-to-december-1st-for-electronic-reporting-of-injuries-and-illnesses-to-osha/

Deadline set to December 1st for Electronic reporting of injuries and illnesses to OSHA