Sentences with phrase «case alleging negligence»

WRNewswire 16.04.29: Case Alleging Negligence Against Insurer That Allowed Change of Beneficiary to Person with No Insurable Interest Is Allowed to Continue discussing the topic: Tax Court Decides Purported Section 419 (e) Plan is Both Deferred Compensation and Split - Dollar

He focuses his practice on a range of maritime matters, including personal injury cases alleging negligence under the Jones Act and unseaworthiness under general maritime law.

Not exact matches

They «allege their businesses have been placed at risk due to the cybersecurity incident and generally assert various common law claims such as claims for negligence and breach of contract, as well as, in some cases, statutory claims.»

Doctors failing to order necessary medical testing is the leading diagnostic error, according to one organization studying almost 200 alleged cases of negligence.

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.

Many of the cases we handle involve alleged negligence, such as purported failure to disclose; other cases have been disputes over commissions or Truth - in - Lending.

Last month, an appellate court in Maryland issued a written opinion in a medical malpractice case that required the court to determine if evidence of the alleged negligence of several non-parties should have been admitted at trial.

When Plaintiff brought Architectural Firms into the case as Defendants, General Contractor aggressively attempted to shift blame to Architectural Firms based on alleged professional negligence, designating multiple experts on the subject.

Below are scenarios drawn from reported cases of alleged lawyer - negligence that show... [more]

Because the Arizona Supreme Court could not say as a matter of law that the alleged negligence that was a cause of Shaw's death was unrelated to her incapacity, the state Supreme Court reversed the judgment of the trial judge and sent the case back for further proceedings.

Obtained a favorable jury verdict for retailer in a jury trial in Oklahoma County, Oklahoma, in case in which plaintiff alleged personal injury at the retail store due to the negligence of the retailer.

The trial court ruled in favor of the defendants early in the case proceedings, finding that the plaintiff could not sue the government for its alleged negligence, based on sovereign immunity grounds.

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.

As the range of cases dealt with by A&E departments is so broad, at Jackson Lees, we have dealt with a number of different claims where Clinical Negligence has been alleged.

Negotiated a favorable settlement in a case involving alleged negligence in the construction of a highway, after discovering and establishing negligence and spoliation of evidence on the part of plaintiff's employer which caused the employer to substantially reduce their worker's compensation lien claim.

The Ontario Superior Court of Justice recently released the decision of French v Stachejczuk where Martin Smith, partner at the Ottawa office of McCague Borlack LLP, with the assistance of Desneiges Mitchell, associate, successfully defended a chiropractic malpractice case where the plaintiff, Lisa French («Ms. French»), sued the defendant, Dr. Barbie - Ellen Stachejczuk («Dr. Stachejczuk»), for negligence and battery for alleged improper chiropractic treatments.

When we file a lawsuit alleging negligence on the part of the defendant, we have to be able to prove four basic elements of your case in court:

Essentially, the court's opinion was that allowing a plaintiff to re-file after a delay caused by a failure to prosecute could lead to an abuse of the system in which cases may not be decided for decades after the alleged negligence occurred.

Summary judgment granted for defendant in case against an oil tank testing and removal company alleging negligence in connection with the testing of the underground oil tank.

It is the personal representative of the estate who can file a case alleging that nursing home negligence resulted in your loved one's wrongful death.

The jury had decided the case in favor of plaintiff, who alleged negligence, negligence per se and intentional infliction of emotional distress, concluding also that defendant nursing home had acted with reckless disregard for the rights of others, resulting in a $ 10,000 punitive damage award tacked onto the $ 1.2 million in compensatory damages.

There was no question that Rockwell was driving while intoxicated, and while contributory negligence on the part of Mr. Widdowson was initially alleged, the court ruled that facts showed this was not the case.

Cases such as these are challenging, as the value and often complex medical issues mean that they can be contested heavily by the Defendant, both in terms of whether negligence occurred, but also in respect of the appropriate value of compensation needed by the client to deal with the consequences of such alleged negligence.

The Ontario Superior Court of Justice recently released the decision of French v Stachejczuk where Martin Smith, with the assistance of Desneiges Mitchell, successfully defended a chiropractic malpractice case where the plaintiff, Lisa French («Ms. French»), sued the defendant, Dr. Barbie - Ellen Stachejczuk («Dr. Stachejczuk»), for negligence and battery for alleged improper chiropractic treatments.

The College took the position that it has no obligation to adjudicate «isolated cases of alleged negligence» and that «unsatisfactory performance of dental services by any registrant is a matter that should be left to the courts» (para. 40).

In the recent case of College of Chiropractors of British Columbia v. Health Professions Review Board, 2016 BCSC 391, the B.C. Supreme Court addressed the duties of an inquiry committee under the Health Professions Act, when a complainant asserts injury caused by alleged negligence, but the committee dismisses the complaint based on the treatment having been appropriate, regardless of evidence from other health professionals bearing on whether the treatment caused the injury.

Without an expert opinion from another doctor to comment on whether or not the alleged offending doctor breached the standard of care, establishing a case for negligence against the offending doctor is very difficult.

The underlying facts of this case (alleged negligence by the defendant in conducting due diligence of a transaction code - named «Project Pigeon») are less significant than the potentially wide - ranging consequences of the decision for the time within which documents must be served in order to comply with the Civil Procedure Rules (CPR).

The appellant sued the respondents alleging negligence, breach of duty of care, and breach of their duty under s. 3 (1) of the Occupiers» Liability Act, R.S.O. 1990, c. O. 2, to «take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.»