(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.) There is no statutory authority permitting Defendants to apply ex parte for an order compelling the medical examination of the Plaintiff, thus…
Personal Injury Lawyer Blog
Sacramento Mall Denies Responsibility For Trip And Fall, Part 1 of 5
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. (Please note: the names and locations of all parties have been changed…
Abuse And Neglect At Sacramento Nursing Home Results In Death, Part 3 of 4
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/personal injury case and its proceedings.) THE MISINTERPRETATION OF THE COMPLAINT Defendant argues that since there is insufficient pleading in Paragraphs 18-20 of the Complaint, the complaint must…
Malpractice At Sacramento Hospital Leads To Wrongful Life Action, Part 8 of 10
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/birth injury case and its proceedings.) UNIVERSAL HOSPITAL IS NOT LIABLE FOR THE CONDUCT OF SUBSEQUENT TORTFEASORS AND, THEREFORE, PLAINTIFFS’ DOUBLY-IMPUTED LIABILITY THEORY LACKS MERIT As stated above,…
Breast Impants Fail So Sacramento Woman Sues For Malpractice, Part 5 of 6
(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.) It is worth noting that situations similar to those described in this case could just as easily occur at any of the…
San Jose Man’s Noneconomic Damages Limited In Malpractice Lawsuit, Part 3 of 7
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 present such issues to the court. (Please note: the names and locations of all parties have been changed to protect the confidentiality…
Sacramento Automobile Accident Victim Fights Intrusive Exam, Part 2 of 5
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.) Finally, defendants’ Ex Parte Application for an Order to Continue Trial, Discovery Cut-Off and Time to Designate Expert Witnesses is without merit,…
Shopper At Sacramento Mall Injured Due To Dangerous Sidewalk, Part 9 of 9
(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.” Query: Without proving that Plaintiff had traversed over…
Sacramento Woman Sues Hospital For Elder Abuse, Part 1 of 6
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) It is worth noting that situations similar to those described in this case could just as easily occur at any of the…
San Francisco Surgeons Shift Blame For Obvious Medical Malpractice, Part 2 of 2
(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.) Plaintiff’s Supplemental Memorandum of Points and Authorities in Opposition to Defendant James Lee M.D.’s, Motion for Summary Judgment, continues below. If Dr.…