Sentences with phrase «alleged injury as»

In the recent case (Norris v. Burgess) the Plaintiff alleged injury as a result of two collisions.

That the representative plaintiff has suffered the same alleged injuries as the rest of the proposed class

Not exact matches

The investigation followed a report by Reveal on Sunday alleging that Tesla under - counted and mis - labeled employee injuries at its electric vehicle factory in Fremont, California, as well as a paint shop fire that occurred there in early April.

As a preliminary issue, The DFS argues that Chino does not have standing to pursue this claim because his alleged injuries are too speculative and there is no «allegation that [Chino] is actually engaged in activity that would be covered by the Regulation.»

I / WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the CHICAGO SPORT & SOCIAL CLUB, INC. («CSSC») and its affiliates (CSSC and its affiliates are referred to collectively as the «CLUB»), the sufficiency of which consideration is expressly acknowledged, and intending to be legally bound, do hereby, for myself, my heirs, executors, administrators, insurers, assigns, attorneys, representatives, agents, beneficiaries, legatees, representatives, successors, assigns and any other persons who may make claims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities used by the participant, including its owners, managers, promoters, lessees of premises used to conduct the event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the CHICAGO SPORT & SOCIAL CLUB, INC. («CSSC») and its affiliates (CSSC and its affiliates are referred to collectively as the «CLUB»), the sufficiency of which consideration is expressly acknowledged, and intending to be legally bound, do hereby, for myself, my heirs, executors, administrators, insurers, assigns, attorneys, representatives, agents, beneficiaries, legatees, representatives, successors, assigns and any other persons who may make claims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as «Releasee»... FROM ALL LIABILITY TO THE UNDERSIGNED, my / our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT (S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.

Coutinho missed Liverpool's Champions League qualifer and first three Premier League games with an alleged back injury as Barca battled to prise him away from Anfield.

After reviewing the medical records of the plaintiff but without performing a physical examination on him, the defendant's expert offered a report that concluded the plaintiff's injuries were likely the result of a pre-existing condition, rather than the injuries sustained on the defendant's property, as the plaintiff alleges.

In response to the plaintiff's lawsuit, the defendant retained a medical expert to ascertain the source of the plaintiff's alleged injuries and offer a medical opinion as to whether the injuries were caused by the plaintiff's fall on the defendant's property.

If you have been injured as a result of a weld failure similar to the examples provided, you may have a viable personal injury claim arising from an alleged defective product.

The alleged problem with the buggies is that the handles can potentially detach from the toy and as a result, cause injury to the child inside.

Our lawyers have defended class actions and individual cases alleging personal injury and property damage from environmental contamination or exposure to chemical products based on all types of legal theories, including negligence, fraud, failure to warn, negligent misrepresentation, trespass, private and public nuisance and damage claims such as «fear of cancer» and medical monitoring.

Plaintiff suffered catastrophic injuries as a result of the alleged negligence of defendants.

The policy at issue in this case, was crafted in such a way that in order to engage the insurer's duty to defend, it required the communication, during the policy period, by a third party, of an intention to hold the Jesuits responsible for damages.36 In this case, it was accepted by the parties, that if the claims were made within the temporal limits of the Policy, the duty to defend would have been engaged as the claims allege injuries that would fall within the policy.37 In fact the Court found one of the claims was made within the policy period and therefore did trigger the insurer's duty to defend.38 The rest of the claims however were found not to have been communicated during the policy period and, as a result, the insurer did not have a duty to defend the actions.39 The determination of whether a policy will be «claims - made» or «occurrence based» will depend on many factors.

Claims for damages for personal injury arising from an illness alleged to have developed as a result of employment generally fall within LA 1980, ss 11 and 14, since they are usually brought in negligence or breach of duty or both.

The court rejected the reasoning of the lower courts as manifestly unfair, since under their analysis it would not have been possible for the plaintiff to sue the school district over their alleged negligence in causing her son's injuries.

A personal injury attorney is a type of civil litigator who provides legal representation to plaintiffs alleging a physical or psychological injury as a result of the negligent or careless acts of another person, entity or organization.

How to Allege Punitive Damages and the Court's Ruling Punitive damages are allowed in New Mexico accident cases as a way for the jury to punish a defendant for conduct that is so excessive or abhorrent that it must be condemned above and beyond what is required to compensate the plaintiffs for their injuries.

On August 27, 2015, the Ohio Supreme Court resolved one aspect of this issue under Ohio law by holding in Felix v. Ganley Chevrolet, Inc., Slip Opinion No. 2015 - Ohio - 3430, that plaintiffs alleging violations of the Ohio Consumer Sales Practices Act (CSPA) must show that all members of a putative class suffered injury or «damage in fact» as a result of the challenged conduct.

Over the past 15 years, there has been a sharp rise in lawsuits brought against American companies, as well as foreign companies with a substantial U.S. presence, that are premised on alleged personal or environmental injuries occurring abroad.

In this recent appellate decision, a participant in a Sudbury youth soccer program who suffered a personal injury as the result of an accident in which a metal goal post flipped over onto him during a team practice can not sue for any alleged negligence arising from the improper placement of the posts.

[8] This can easily result in conflicting decisions as effectively both judge and jury are separately determining the existence and severity of the alleged injuries.

She has defended health care providers in cases involving alleged birth trauma injuries, cancer misdiagnosis, surgical related incidents, obstetrics, gynecologic matters, radiological related incidents, and various other medical specialties such as pediatrics, infectious disease, neurology, and orthopedics.

Particularly prevalent are alleged injuries sustained in disciplines such as A&E and Orthopaedics.

Serve as local counsel in approximately 600 cases for an international flavors company in defense of claims alleging lung injury due to exposure to butter flavoring.

Chicago injury lawyers at our office are alleging that as a result of the improper design, construction and maintenance of the steps, as the plaintiff began to walk down the steps she lost her footing on the uneven steps and began to stumble.

Section 13 - 215 sets forth the statute of repose in a medical negligence case as being not more than four years after the date on which occurred the act or omission or occurrence alleged in such action to have been the cause of such injury or death.

Plaintiff alleged in the civil suit that the child sustained massive head injuries and died as a result of alleged abuse by the parents, codefendants in the civil case, and that the psychologists were negligent in failing to suspect the abuse and neglect which ultimately led to his death.

I was personally involved in two published seminal decisions that impacted the law: Miller v. Lakeside Village, a case involving mould exposure to a homeowner asserted to have been caused by water intrusion and alleged personal injuries as a result.

Bowden is relevant not only to civil claims arising from abuse many years ago but also to other personal injury cases where the defendant's alleged tort relates to circumstances long before proceedings were issued, such as occupational illness claims.

As the court interpreted the two reports together, it concluded that the trial judge could have reasonably decided that the reports constituted a good faith effort to summarize the causal relationship between the defendant's alleged failure to comply with the standard of care and Hathcock's injuries and subsequent damages.

Pesticides or fertilizers may be alleged to have caused injury or death to a child as a result of a product defect or someone's negligence.

For example, the Plaintiff alleges that they can no longer go hiking as a result of their injuries but then post on Instagram photos of their post-accident hike through the Swiss Alps.

The claimant in this personal injury case alleged that he was the driver of his vehicle when it was struck by the defendant's vehicle and that he was injured as a result of the collision.

It is my experience as a lawyer representing car accident victims that ICBC and other insurance companies regularly deny all the facts alleged by an injury claimant in a lawsuit with little or no explanation.

Third, with regard to the closeness of the connection between Crane Co.'s conduct and the alleged injury, the Court listed several measures Crane Co. could have taken to prevent take - home exposure, such as providing uniforms, on - site showers and laundry services, and / or requiring employees to change their clothes before leaving the facility.

Foley Hoag LLP has secured a victory for the Republic of Bulgaria as a New York federal court has dismissed a complaint alleging that the nation's UN Mission negligently caused a New York resident's injuries.

She sued for damages alleging longstanding injuries as a result of this crash.

I would not say, certainly not on this application today, that a person who had suffered a catastrophic injury involving quadriplegia or brain injury or the like could feel free not to take a positive step such as taking out a newspaper advertisement or posting an internet classified advertisement in an attempt to locate a tortfeasor, no matter how remote the chances of that being successful might seem; but in this case, given the claimant's relatively modest injuries as alleged and as attested to in his statement, I do not think that would have been a reasonable requirement on his part.

In all three, the plaintiff's post-accident physical capabilities were in issue as was the impact of alleged injuries on the particular plaintiff's social life.

The plaintiff alleges the bridge operators were negligent and that he suffered injuries as a result of the motorcycle accident.

The Hamilton Heights woman filed a claim on Wednesday, June 28, for $ 5 million which alleges that she suffered psychological and physical injuries as a result of the derailment.

One of our lawyers has, as leading counsel, obtained summary judgment for an insurer against a plaintiff alleging automobile injury.

Code § § 33.001 - 33.017, a defendant in a personal injury lawsuit in Texas can designate anyone who is alleged to have caused or contributed to injuries as a responsible third party.

Insurance adjusters may even go so far as to deny liability altogether, alleging that you somehow caused or contributed to the happening of the accident and your resulting injuries.

He alleges that he slipped on an oil spot that led to severe injuries and pain as well as lost wages and medical bills among other things.

However, because the WSIA limits employees» right to sue for injuries that are compensated by WSIB benefits, it is possible that employers may be able to defend certain civil actions by employees who allege harassment and chronic mental stress in the workplace on the basis that the employee may not bring a civil action related to those allegations, as the proper venue for compensation related to those claims is the WSIB.

Plaintiff alleges she suffered serious and permanent injury as a result of her fall, and is seeking damages in excess of $ 15,000.

One child was given MMR and hepatitis vaccine as alleged to have caused the injury.

Transvaginal mesh lawsuits allege that manufacturers such as Johnson & Johnson, C.R. Bard and Boston Scientific developed defective devices which led to serious injuries.

Plaintiff alleged that an obstetric practice's negligence resulted in the stillbirth of her full - term fetus, as well as significant injuries to the mother during birth.