Doctors and lawyers often mix like oil and water. It is no secret many doctors view lawyers with skepticisms at best and contempt at worse. Much of this animosity is because lawyers expose a doctor's malpractice when he or she seriously harms or kills a patient. While this underlying tension ...
Schmidt, Sethi & Akmajian Blog
Civil Procedure/Medical Malpractice: Required Qualifications of Expert/Right to Substitute New Expert
Preston v. Amadei, 720 Ariz. Adv. Rep. 22 (App. Div. I, August 27, 2015) (J. Brown) STANDARD OF CARE EXPERT IN MEDICAL NEGLIGENCE MUST ENGAGE IN CLINICAL PRACTICE IN SAME SPECIALTY AS DEFENDANT BUT IF EXPERT IS FOUND UNQUALIFIED PLAINTIFF MUST HAVE REASONABLE TIME TO SUBSTITUTE NEW EXPERT THAT I...
Torts—Uncontrolled Airport Has No Duty To Aircraft Once Airborne
Ritchie v. Costello, 720 Ariz. Adv. Rep. 19 (App. Div. I, August 25, 2015) (J. Portley). NO DUTY TO BUSINESS INVITEE ONCE HE LEAVES PREMISES The City of Cottonwood sponsored a hot air balloon event from their uncontrolled airport (which had no tower or air traffic control). Plaintiff Ritchie an...
Torts—Medical Malpractice/Vulnerable Adult/ Punitive Damages/Attorneys’ Fees
Newman v. Select Specialty Hospital-Arizona, Inc., 720 Ariz. Adv. Rep. 12 (App. Div. I, September 1, 2015) (J. Gemmill) PUNITIVE DAMAGE INSTRUCTION APPROPRIATE WHERE NURSES FAILED TO CARE FOR BED SORE KNOWING THE FAILURE CREATED A SUBSTANTIAL RISK OF SIGNIFICANT HARM/RIGHT TO ATTORNEYS' FEES IS ...
Insurance: Morris Agreement on Mechanic’s Lien Against Title Insurer
Fidelity Nat'l Title Ins. Co. v. Centerpoint Mechanic Lien Claims, LLC, 720 Ariz. Adv. Rep. 8 (App. Div. I, August 27, 2015) (J. Cattani) MORRIS AGREEMENT INVALID WHEN MADE BETWEEN INSURED AND ENTITY IT CONTROLLED FOR AN AMOUNT GREATER THAN WHAT WAS PAID TO PURCHASE LIEN AND WHERE INSURED HAD NO...
Arizona Legislature Ignores Its Constitutional Obligation to Fund Schools
Sen. Andy Biggs' recent suggestion that current education funding is acceptable because “some schools are excelling” is faulty. These schools succeed in spite of the state's neglect, because of local taxpayers who pass bonds and overrides, and volunteers who donate their services, time, money an...
KSS Files Suit Involving Falling Meteor
Dev Sethi represents a University of Arizona student who lost his pinkie finger along with the use of his left hand after it was crushed by a falling meteor. The meteor, a specimen from the Canyon Diablo Meteorite was on display inside the Flandrau Planetarium. Read more in the Arizona Republic.
Important U.S. Supreme Court Cases: Grutter v. Bollinger (2003)
The Gist: The University of Michigan Law School used race as one of many factors in evaluating applicants. A white applicant who was denied admission sued, claiming the use of race as a factor was discrimination that violated her Fourteenth Amendment and Civil Rights. The Supreme Court disagree...
Guardianship for Plaintiff Without Home State Who Has Disappeared
Woestman v. Russell, 718 Ariz. Adv. Rep. 26 (App. Div. I, July 28, 2015) (J.Howe) GUARDIANSHIP APPROPRIATE WHERE PLAINTIFF HAS DISAPPEARED, HAS NO “HOME STATE” AND HAS SIGNIFICANT CONNECTION WITH ARIZONA Plaintiff Bryan, a mentally incompetent individual, was injured in a car accident and sued ...
Torts/Constitutional Law—First Amendment Defense to Emotional Distress Claim
Rodriquez v. Fox News, LLC, 718 Ariz. Adv. Rep. 14 (App. Div. I, August 4, 2015) (J. Johnsen) FIRST AMENDMENT BARS TORT CLAIMS RELATED TO NEWS REPORT OF CONCERN TO PUBLIC This negligent and intentional infliction of emotional distress claim was brought on behalf of children who inadvertently wa...
Non-Hospital Medical Lien Perfected by Recordation Within 30 Days of Services
Premier Physician's Group, PLLC v. Navarro, 718 Ariz. Adv. Rep. 17 (App. Div. I, July 28, 2015) (J. Norris) NON-HOSPITAL MEDICAL LIEN PERFECTED RETROACTIVELY & PROSPECTIVELY IF RECORED WITHIN 30 DAYS OF SERVICE A third party was in a car accident involving another vehicle driven by Navarro....
Jurisdiction Over Foreign Trustee
Hoag Charitable Remainder Unitrust v. French, 719 Ariz. Adv. Rep. 40 (App. Div. I, August 18, 2015) (J. Gould) NO JURISIDICTION OVER FOREIGN TRUSTEE OPERATING OUTSIDE JURISDICTION WHERE TRUSTEE DID NOT REACH OUT TO PLAINTIFF'S STATE OF RESIDENCE TO CREATE A RELATIONSHIP Plaintiff, Wells Fargo B...
Torts—Duty—Homebuilder Has No Duty to Subsequent Purchaser of House for Purely Economic Loss
Sullivan v. Pulte Home Corp., __Ariz. Adv. Rep. __, No CV2010-004898 (App. Div. I, July 28, 2015) (J. Downie) HOMEBUILDER OWES NO DUTY BASED UPON STATUTE OR ORDINANCE TO SUBSEQUENT PURCHASER OF HOME WITH WHOM BUILDER HAS NO CONTRACTUAL RELATIONSHIP FOR PURELY ECONOMIC LOSS Plaintiff purchased ...
Important U.S. Supreme Court Cases: Bush v. Gore (2000)
The Gist: The 2000 Presidential Election between George W. Bush and Al Gore came down to Florida, where the tally was so close (a difference of 1,784 votes in favor of Bush) that Gore demanded a recount. While the recount was taking place, the Supreme Court put a halt to it, ruling a recount woul...
Fiat Chrysler Knew Its Cars and Trucks Could Be Hacked for Eighteen Months
Recently, it was disclosed that hackers were able to remotely shut down various Fiat Chrysler vehicles. Hackers exploited the weakness in the Uconnect infotainment system to remotely disable the cars and trucks. Now the other shoe has dropped. Fiat Chrysler recently admitted it has known of t...
Evidence—Partial or Cropped Video Inadmissible
State v. Steinle, 717 Ariz. Adv. Rep. 27 (App. Div. I, July 23, 2015) (J. Orozco) CROPPED OR EDITED VIDEO INADMISSIBLE IN VIOLATION OF RULE OF COMPLETENESS—FAILURE TO SHOW WHOLE STORY Defendant was charged with first degree murder. The prosecution attempted to introduce into evidence a cell pho...
Civil Procedure: Real Party in Interest Rule 17(a) and Rule 15(a) Motion to Amend
Carranza v. Madrigal, 717 Ariz. Adv. Rep. 23 (July 22, 2015) (J. Brutinel) WHILE TRIAL COURT MUST GIVE REAL PARTY IN INTEREST REASONABLE TIME TO SUBSTITUTE INTO CASE THE SUBSTITUTION MUST BE DONE IN BY A RULE 15(a) MOTION TO AMEND AND SUCH A MOTION MAY BE DENIED FOR UNJUST DELAY AND PREJUDICE TO...
Goodyear Dealt Devastating Sanctions
Goodyear Tire and Rubber Company has a long history of frustrating families and victims of their products. From silent recalls to a litigation tactic designed to prevent victims and their lawyers from communicating and sharing information, Goodyear has developed a sophisticated process designed ...
IKEA Recalls 27 Million Pieces of Furniture
IKEA - favorite of young families putting together nurseries and bedrooms - warns of the dangers of toppling furniture. The store is recalling 27 million pieces of furniture and offering free anchor kits, which secure dressers/bookcases to the wall. There have been two reported deaths caused by f...
Surgeon and Hospital Scorecard Now Available
By James Campbell A valuable tool just became available that allows patients to compare the complication rates of different hospitals and surgeons for different procedures. This tool is called the Surgeon Scorecard. The reviewed procedures are: knee replacement, hip replacement, neck fusion, l...
Important U.S. Supreme Court Decisions: Parents Involved in Community Schools v. Seattle School DIstrict (2007)
The Gist: Two school districts used race in an attempt to achieve diversity in assigning students to schools. A group of parents sued the district, arguing the use of race violated the Equal Protection Clause of the Fourteenth Amendment and the Civil Rights Act of 1964. The Court agreed, ruling t...
Torts/Insurance: Agent Liability For Failure to Procure UIM Coverage
Wilks v. Manobianco, 716 Ariz. Adv. Rep. 14 (July 9, 2015) (J. Berch) COMPLIANCE WITH STATUTORY REQUIREMENT TO OFFER UIM COVERAGE DOES NOT BAR NEGLIGENCE CLAIM AGAINST AGENT FOR FAILURE TO PROCURE SUCH COVERAGE Plaintiff had automobile insurance with State Farm for two years which was obtained ...
Torts: Government Immune for Road Design That Meets State of the Art but Must Warn
Glazer v. State of Arizona, 212 Ariz. Adv. Rep. 16 (May 8, 2015) (J. Timmer) STATE IMMUNE FROM LIABILITY FOR ROAD DESIGN THAT CONFORMED TO STATE OF THE ART AT TIME OF DESIGN BUT LIABLE FOR SUBSEQUENT FAILURE TO WARN OF DANGER Plaintiff was seriously injured and her husband and daughter were kil...
Torts: Govt’l Immunity DUI—Driver of Motor Vehicle
Fleming v. State of Arizona DPS, 716 Ariz. Adv. Rep. 17 (July 9, 2015) (J. Pelander) QUALIFIED IMMUNITY FOR DUI APPLIES ONLY WHEN DRIVER IS DRIVING OR IN PHYSICAL CONTROL Plaintiffs' decedent was seen weaving and driving far under the speed limit on Interstate 10. She was pulled over on an over...
Civil Procedure: Enforceability of Settlement Agreement Based Upon Attorney’s Apparent Authority
Robertson v. Alling, 715 Ariz. Adv. Rep. 23 (June 24, 2015) (J. Timmer) ATTORNEY HAS APPARENT AUTHORITY TO ENTER SETTLEMENT AGREEMENT WHERE BASED UPON CLIENTS' ACTIONS THERE EXISTS A REASONABLE BELIEF THE ATTORNEY HAS SUCH AUTHORITY/RULE 80(d) ONLY APPLIES WHERE THE EXISTENCE OR TERMS OF AGREEME...