This wrongful death and personal injury suit was brought after the defendants’ commercial garbage truck ran a red light killing plaintiff’s mother and injuring the decedent’s husband.
Update: Punitive Damages—Cell Phone Use While Driving
Schmidt, Sethi & Akmajian Blog
No U-Turns For Trucks
We are often asked about the differences between car accidents and trucking accidents, as well as about different rules that apply to commercial vehicles compared to more typical passenger vehicles. One big rule difference is that a commercial truck should never make an uncontrolled U-Turn...
Torts/Evidence: Medical Negligence—Qualifications of Expert
The court of appeals found that under A.R.S. § 12-2604(B) a claim of institutional negligence does not require proof as to which specific individuals were negligent in causing plaintiff’s decedent’s death.
Torts—Intervening Superseding Cause in Dramshop Action
DRAM Shop claim stands where driver who becomes intoxicated at club, eventually drives home and sleeps then drives again while still intoxicated causing fatal collision; driving home and sleeping is not an intervening superseding cause.
Arizona Supreme Court: Rules Barring Mask Mandate and Vaccination Requirements Were Unconstitutionally Adopted.
Very shortly after hearing oral argument this morning, the Arizona Supreme Court issued a unanimous order affirming a trial court's previous decision that measures passed by the Legislature and signed by the Governor are unconstitutional and cannot be enforced. The laws attempted to, among other ...
Johnson & Johnson "Texas Two Step” Bankruptcy Seeks to Avoid Talc Liability
Earlier this year, the United States Supreme Court refused to overturn a $2 billion verdict against Johnson & Johnson in a lawsuit claiming its talc baby powder caused ovarian cancer in a group of women. Last week, J&J created a new company called LTL Management, which purportedly assumed all liability for the talc cases.
Diversity Jurisdiction: Removal & Remand
Plaintiff sued defendants in California state court in October 2018, based upon asbestos exposure that her husband brought home from work. While the initial complaint alleged the asbestos came from defendant Boeing, it did not state the asbestos came from work with the U.S. Military.
FTCA Action for Injuries Allegedly Caused by Medical Negligence Not Barred by FECA
Plaintiff, a U.S. Navy veteran sought psychiatric care at a VA hospital. She brings suit against the U.S. alleging she was injured as a result of the medical negligence of two doctors at the VA hospital. She had sought treatment following a mental breakdown caused by years of workplace bullying and harassment at the hands of her supervisor.
California Doctors Successfully Block Medical Board Funding Bill
California doctors successfully block medical board funding bill. Medical boards have an important mission. It is shameful that these reform efforts were blocked. We continue to pursue justice for patients and their families injured by medical neglect.
Arizona Judge Rules Mask Ban is Unconstitutional
A Phoenix judge has ordered that a state law attempting to bar schools from imposing mask requirements on campus is unconstitutional. The law was set to take effect on Wednesday, September 29, 2021, but now it will not. The judge agreed with a coalition of school groups who argued that including ...
Constitution—Crime Victim Right to Be Heard re Restitution
Constitution—Crime Victim Right to Be Heard re Restitution State v. Fox, No. CR-20-036-PR (September 20, 2021) (J. Bolick) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2021/CR200306PR.pdf CRIME VICTIM HAS CONSTITUTIONAL RIGHT TO BE HEARD ON THE MERITS OF A DEFENDANT'S ATTEMPT TO DEL...
Liens: Hospital Balance Billing Liens and Health Care Services Organizations
Liens: Hospital Balance Billing Liens and Health Care Services Organizations Grunwald v. Scottsdale Healthcare Hospitals, No. 1 CA-CV 20-0188 (App. Div. I, August 26, 2021) (J. Thumma) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2021/CV20-0188%20-%20Grunwald%20OP.pdf HOSPITAL LIEN FOR ...
Torts: Common Law Claim for Invasion of Privacy, Right of Publicity & False Light
Torts: Common Law Claim for Invasion of Privacy, Right of Publicity & False Light Canas v. Bay Entertainment, LLC, No. 1 CA-CV 20-0127 (August 26, 2021) (J. Swann) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2021/1%20CA-CV%2020-0127.pdf COMMON LAW TORTS OF RIGHT OF PUBLICITY, INVASION ...
Torts: Tortious Interference with Business Relationship/Liquidated Damages in Covenant Not to Compete
Torts: Tortious Interference with Business Relationship/Liquidated Damages in Covenant Not to Compete Tortolita Veterinary Services, PC v. Rodden, No. 2 CA-CV 2020-0070 (App. Div. II, August 27, 2021) (J. Staring) https://www.appeals2.az.gov/decisions/CV20200070Opinion.pdf LIQUIDATED DAMAGES IN...
Public Records--A.R.S. § 39-121.02(B) Attys Fees & Costs to Records Seeker who “Substantially Prevailed”
Public Records--A.R.S. § 39-121.02(B) Attys Fees & Costs to Records Seeker who “Substantially Prevailed” American Civil Liberties Union v. Arizona Dept. of Child Safety, No. CV 20-0030-PR (August 25, 2021) (J. Beane) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2021/CV200030PR.pdf A...
GM Recalls Every Bolt Ever Made.
In a blow to General Motors' future plans, the automaker announced today that it has broadened a 2020 recall of its Chevy Bolt electric vehicle. GM is now recalling every single Bolt ever made. This expanded recall is due to a fire risk tied to faulty lithium ion batteries manufactured by LG. If ...
Best Lawyers 2022 Recognizes Ted Schmidt, Dev Sethi and Peter Akmajian
Best Lawyers 2022 Recognizes Ted Schmidt, Dev Sethi and Peter Akmajian.
Arbitration: Enforceability of Agreement to Arbitrate Disputes That Requires Plaintiff to Bear All Costs & Fees/Substantive Unconscionability
Arbitration: Enforceability of Agreement to Arbitrate Disputes That Requires Plaintiff to Bear All Costs & Fees/Substantive Unconscionability Rizzio v. Surpass Senior Living LLC, No. CV-20-0058-PR (August 17, 2021) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2021/CV2...
TUSD Bus Crash Turns Fatal
On Wednesday morning, August 11, 2021, a Tucson Unified School District bus was involved in a collision near Valencia Rd and Mountain Ave. Reports are that a pick up truck was also involved. Details of the crash remain unclear, but it has been confirmed that no students were on board at the time ...
School Bus Drivers Have a New Tool for Reporting Drivers Who Ignore Stop Signs
Remember to stop when children are boarding and exiting a school bus! With school buses returning to our neighborhoods as school resumes, drivers should expect to wait when the bus's stop sign arm is extended while children are boarding and exiting the bus. That seems an obvious point, but Arizo...
Evidence/Medical Malpractice/Causation/Expert Witness Testimony
Evidence/Medical Malpractice/Causation/Expert Witness Testimony Sampson v. Surgery Center of Peoria, No. CV-210-0024-PR (July 30, 2021) (J.Bolick) https://supremestateaz.granicus.com/player/clip/3145?view_id=11&redirect=true WHERE CAUSE OF DEATH IS DISPUTED IN MEDICAL MALPRACTICE CASE CAUSATION...
New Case Alert - Causation Expert Testimony Required in Medical Malpractice Cases
On July 30, 2021, the Arizona Supreme Court decided the case of Sampson v. Surgery Center of Peoria (No. CV-20-0024-PR) and held that for a plaintiff to prove a medical malpractice case it is generally required that the plaintiff present competent expert testimony on causation. The Supreme Court...
Dr. Death - Can It Be True?
The TV series “Dr. Death” is airing on Peacock. It is based on a popular podcast of the same name. The show tells the tragic and true story of a dangerous, incompetent neurosurgeon in Texas who ends up severely injuring and even killing numerous patients. The protagonists are two doctors and a D...
Back to the Future - The Delta Variant and the Courts.
After a slightly optimistic Spring and early Summer, where courthouse operations started to loosen and some normalcy teased on the horizon, COVID's Delta Variant and a scary increase in case numbers has shot us back into uncertainty and restriction. In fact, I was just sitting down to write a sum...
The Importance of UM and UIM Coverage
As cyclists gathered awaiting the start of Show Low's Bike the Bluff race, a driver behind the black Super Duty pick-up truck crashed into a group just heading out to ride. The crash sent eight riders to the hospital, and some required helicopter transport. Tragically, one of the injured riders d...