Monthly Archives: April 2017

Colorado Supreme Court Case

Colorado Supreme Court Case Addresses “The McHaffie Rule”

The 2017 case of Ferrer v. Tesfamariam Okbamicael & Colorado Cab Company L.L.C. made it to the state’s Supreme Court. Plaintiff Jessica Ferrer and a friend were injured when Mr. Okbamicael’s taxi cab hit them while they crossed a Denver street. Okbamicael worked for Colorado Cab (Yellow Cab), who owned the vehicle. Ferrer sued both the driver and Yellow Cab citing the driver’s negligence and that Yellow Cab was vicariously liable based on respondeat superior. In addition, the plaintiff charged
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Colorado Supreme Court Rules

Colorado Supreme Court Rules on the Collateral Source Rule in Auto Accident Case

What Is the Collateral Source Rule? The Colorado collateral source rule states that even if an insurance policy or another collateral source pays your medical expenses, the defendant will be liable for the full amount of your medical bills. The collateral source rule aims to hold at-fault parties liable for their actions, even if someone else has already paid for the victim’s medical bills. If you had $10,000 in medical bills and your auto insurance policy gave you $10,000 to
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Can Speed Enforcement Camera

Can Speed Enforcement Camera Footage Provide Evidence in Civil Accident Cases?

Colorado authorities have continued diligent efforts to improve roadway safety throughout the state. Unfortunately, 2016 was a difficult year statistically for CO, as an estimated 605 fatalities occurred during the year. This death toll included 125 motorcyclists, 84 pedestrians, and 16 that were riding a bicycle. This is an overall 11% increase over the 2015 statistics. Colorado is among the many states that uses cameras for enforcement of speeding and red-light type violations. As ticketing associated with automatic photographs becomes
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Passenger Forcibly Removed &

Passenger Forcibly Removed & Injured on United Airlines Flight Filing Civil Suit

A highly publicized incident was caught on video aboard a United Airlines flight preparing to leave from Chicago. After the passengers were aboard, the airline made an announcement that it was overbooked and offered $400 travel vouchers to those willing to take another flight. After nobody volunteered, the offer went to $800 and then $1000. Apparently, some United Airline employees were needed aboard that flight and no remaining seats were available. Dr. David Dao, a 69-year old physician, refused to
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Atlanta Hotel & Restaurant

Atlanta Hotel & Restaurant Facing Three Unrelated Wrongful Death Cases

The Westin Peachtree Plaza in downtown Atlanta is a fixture amid the skyline with a lengthy list of amenities. The site spans over 80,000 square feet and stands over 70 floors tall. The Sun Dial restaurant is unique because it rotates, offering dining guests a spectacular 360-degree overview of the city. In a bizarre sequence of events, this venue has endured three tragedies recently, which are all currently civil matters of wrongful death. Sun Dial Restaurant Death A 5-year old
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Peripheral Nerve Injuries Increasing

Peripheral Nerve Injuries Increasing in Prevalence Injury Litigation

Recent National Law Review studies indicate that peripheral nerve injuries seem to be increasingly cited in cases of personal injury. National estimates reveal that nearly 20 million individuals suffer from some variety of damage within their peripheral nerves. While many injuries are clearly apparent in auto accidents, such as wounds or fractures, peripheral nerve damages often exist covertly. Sometimes the symptoms may remain dormant for periods of several weeks. Many of these occurrences originate in accidents and reinforce the importance
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RD Legal Funding Taken

RD Legal Funding Taken to Court over Consumer Protection Concerns

The Consumer Financial Protection Bureau (CFPB) recently in conjunction with the New York attorney general are taking RD Legal Funding LLC to court for violations said to be related to federal and state laws concerning consumer protection. A suit filed in the U.S. District Court for the Southern District of New York indicates that the organization was targeting former NFL football players who were to receive settlements from a class-action suit based on concussion injuries they sustained. In addition, RD
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Postal Service Workers Report

Postal Service Workers Report 6,755 Dog Attacks in 2016

The United States Postal Service (USPS) released their annual report regarding dog attacks on U.S. mail carriers. Approximately 6,755 postal employees were attacked by dogs in 2016, a 3% increase from 2015. Denver reportedly ranked #7 on the list with 47 incidents. USPS spokesman Mark Saunders says that larger cities have the highest frequency of incidents, attributed to greater population density. The Center for Disease Control estimates that 4.5 million dog bites occur annually. Nearly one of every five of
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Nevada Amateur Racetrack Remains

Nevada Amateur Racetrack Remains Open After Two Die in Crash

SpeedVegas, Las Vegas’ indoor 11-mile auto racing track re-opened after 12 days of closure following the death of two individuals racing a Lamborghini that crashed and caught fire. Employees stated there were five crashes in the 1st year of operation. SpeedVegas rents performance cars for track usage without speed limits in vehicles capable of reaching 150 mph. A lawsuit was settled with undisclosed terms; Dominic Gentile, attorney for the plaintiffs, stated simply that “we resolved the matter” with confidential terms.
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Disagreement on Amount of

Disagreement on Amount of Damages for Fatal Helicopter Collision Involving Colorado Men

In 2016, there were zero deaths from crashes among U.S.-certificated scheduled airlines. This is the 7th year in a row that this feat has been accomplished. On the non-commercial side, The Aviation Safety Network reports that there were 18 fatal airline crashes in 2016 and 14 in 2015. The worldwide fatality rate is roughly one per 3.2 million flights. Two Colorado men were killed in 2014 when their helicopter collided with a small plane and the civil case is currently
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Two Separate Car-Pedestrian Accidents

Two Separate Car-Pedestrian Accidents Saturday on Park Avenue in Denver

With the emergence of spring in the Denver area, more citizens are out walking. In a bizarre coincidence this Saturday, two pedestrians collided with cars along different points on Park Avenue. The first was near the intersection of E. Colfax Ave., and the other, two hours later, was close to the Lawrence St. junction. The pedestrians in both accidents sustained injuries and were transported to hospitals. 2016 Pedestrian Death Toll The rate of pedestrian fatalities is rising more rapidly than
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Florida Jury Rules in

Florida Jury Rules in Product Liability Case with a Ford Explorer Rollover Death

The Colorado Department of Transportation published their findings regarding traffic fatalities for 2016. Overall, there were 607 traffic accident fatalities for the year. Of the fatal accidents, roughly 190, or 31% of these instances involved individuals operating under the influence of alcohol or drugs. These numbers indicate that CO has plenty of room for improvement in driving safety. Parker v. Ford Motor Co., Action Gator Tire, & Cooper Tire Katie Parker’s family filed a defective auto product and wrongful death
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The Top Ten Global

The Top Ten Global Causes for Liability Action

A new study by Allianz Global Corporate & Specialty suggests that the environment for risk is in a constant transition with the emergence of new potential liabilities. As technology continues to evolve, new scenarios which can produce tremendous liability begin to surface. Their report examined liability insurance claims in over 100 countries in many industry sectors. In the last five-year span, insurers doled out an estimated $9.3 billion for such claims, over 80% were attributed to ten areas of concern.
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Jury Rules in Case

Jury Rules in Case of Injured Fan at Cleveland Indians Game

Major League Baseball claims to have stepped up efforts to reduce fan injuries from being hit by foul balls and broken baseball bats. Rob Manfred, league commissioner, urged teams to expand the implementation of safety netting along the areas close to the field. For some reason, even with the expanded safety precautions, it seems that the problem is escalating. A New York Daily News reporter recently expressed concern that the problem may not be fully addressed until there is a
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