Sentences with phrase «grossly negligent»

Lots of real estate lawyers receive calls about this scenario — The escrow agent willfully breaches the contract or is grossly negligent for misdelivering the deposit to the buyer or the seller when there is a dispute i.e. there are conflicting demands for the deposit because the transaction has or is falling apart.

A liability car insurance policy typically provides coverage for any accident in which the policyholder (or someone else covered under the policy) drives in a negligent manner — and perhaps even in a grossly negligent or reckless manner, depending on what the policy says — and causes a car accident.

Indeed, really bad behavior (or perhaps better said, «amazingly grossly negligent» behavior) continues — and although the severest sanctions may no longer be available, parties and their lawyers need to recognize that the price can still be very high, both from an evidentiary perspective, as well from potential fees awarded arising from that bad conduct.

When your Salt Lake City wrongful death lawyer can prove that the defendant caused death through intentional or grossly negligent conduct, punitive damages may also be awarded.

In determining whether the City was grossly negligent in this case, the Trial Judge cited the two - part test, which has emerged from the case law:

times it is grossly negligent or crossed the line into what is considered a crime.

Your Detroit electrocution lawyer will fight to hold a grossly negligent employer or third party accountable.

In determining whether the taxpayers were grossly negligent, the court examined the following factors: relevant business experience, the level of review of the tax return, and the scale of the omission in comparison to the taxable income reported.

In Gross Negligence cases where the tax return did not accurately reflect all records received by the taxpayer, the result was grossly negligent in 79 % of the cases.

Alternatively, it occurs when somebody intentionally commits a grossly negligent or wanton act that causes an injury to a victim.

While not directly intended as compensation, punitive damages are awarded as punishment to the at - fault party for grossly negligent behavior and intentional harm.

Punitive damages are awarded when a defendant has acted in a particularly callous, malicious or grossly negligent manner.

A jury, however, found Boston Scientific grossly negligent.

If the party responsible for an individual's catastrophic injuries engaged in especially egregious conduct, such as drunk driving, violent assault, very dangerous business practices, concealing known dangers from the public, or other grossly negligent or misleading behavior, the court may even find that the responsible party owes punitive damages, which are meant to punish the wrongdoer and deter future bad conduct.

In order to establish an immunity waiver, the plaintiff needed to show willful, wanton, or grossly negligent conduct or that the defendant actually knew about the dangerous condition, while the plaintiff didn't, and the defendant failed to provide warnings about the condition.

This is done to send a message for grossly negligent conduct.

In a recent case, Maple Ridge Community Management Ltd. v. PCC 231, the condominium corporation terminated its management contract, relying on a clause in the contract which allowed it to terminate if the manager was «insubordinate, reckless or grossly negligent in performing its duties.»

Massachusetts allows for punitive damages if the conduct of the negligent defendant was «malicious, willful, wanton, reckless or grossly negligent.»

Further, DMR asserted that Mr. Budge represented to DMR that he had an extensive network that would be leveraged to increase sales at DMR, but was grossly negligent in using that network and performing his duties.

For many years, there was a substantial debate about whether a drunk driver was simply negligent or grossly negligent.

The Corporate Manslaughter and Corporate Homicide Act 2007 Instead of requiring a grossly negligent «act or omission» on the part of the «controlling mind» of a company (as previously), the Corporate Manslaughter and Corporate Homicide Act 2007 — enacted on 24 July 2007 — seeks to create liability for a company, government departments or police forces if (and only if)(cl 1 (3)-RRB- «the way in which its activities are managed or organised by its senior management is a substantial element» in the «gross breach of a relevant duty of care» — punishable by a fine.

She and her attorneys claim that by failing to fasten her seat belt for her, the officers were grossly negligent in their duty to protect and serve.

Under MCL 691.1407, a government actor can only be sued if he was grossly negligent in his duties and that negligence proximately caused the plaintiff's injuries.

Punitive damages are appropriate in situations where a party's intentional, reckless, or grossly negligent actions result in a wrongful death.

If the at - fault party was grossly negligent — such as through drunk driving or texting while driving — punitive damages might apply.

We hold grossly negligent people responsible for wrongful deaths caused by their inattention or disregard for the safety of others.

Punitive damages, on the other hand, are supposed to punish a defendant for grossly negligent acts and to deter similar behavior in the future.

The rational for awarding punitive damages is that the defendant's conduct was so reckless and grossly negligent, or so offensive, that the plaintiff should be awarded additional damages on top of the special and general damages to punish the defendant for its bad conduct.

The plaintiffs were prepared to present expert testimony that the defendant nurse and nurse midwife were grossly negligent in failing to recognize the dangerous fetal heart rate tracing as a sign of fetal distress.

Compare: it would be scandalous and grossly negligent if a large utility company, having millions of customers, were managed by part - time amateurs.

Typically, your attorney will need to prove that the defendant was grossly negligent in order to seek punitive damages.

We use punitive damages to punish drunk drivers, willfully negligent corporations, and grossly negligent businesses for their outrageous behavior.

A bill approved by the House in December, for example, would have required investors to merely show that a ratings company was «grossly negligent» in issuing a grade, Bloomberg reports.

The Tricky Issue of «Gross Negligence» A court will not find a municipality responsible for your injuries unless that municipality was «grossly negligent».

If the victims» families can prove that the company was grossly negligent and / or clearly failed to prevent the passengers from reasonable harm, they may be held responsible.

Now, if the management was grossly negligent and nails were sticking out of the walls and floor in a dark hallway, you might have a case.

In documents filed in the High Court, the Federal Republic of Nigeria alleges that JP Morgan was «grossly negligent» and that $ 801.5 m in government funds was «improperly dispersed».

In the filing, the government has accused the bank of being grossly negligent and ignoring its obligations.

These would typically be awarded in cases where the dog owner was grossly negligent, instructed the dog to attack, etc..

Still, unless a specialist or physician was grossly negligent, hospitals are usually a part of medical malpractice cases.

Police referred to her actions as grossly negligent.

Punitive damages may be awarded when the behavior of the person that injured the victim was intentional or grossly negligent.

The plaintiff had filed a survival and wrongful death lawsuit against a hospital, claiming it was negligent and grossly negligent in treating the plaintiff in 2014.

So much of their work has been proven to be junk, they never check their work, and they are grossly negligent, even reckless in their declarations.

By suggesting that climatologists need to have their stations audited, contrarians are implying that climatologists incapable of monitoring themselves, either because they are extremely incompetent, grossly negligent, dishonest, ideologically motivated or involved in some sort of conspiracy, or perhaps a little of all of the above.

An owner who violates the stipulations in a willful or grossly negligent manner may be found by the panel to have forfeited all rights of ownership of the dog.

I will indemnify, defend and hold the FHS harmless from and against any claims, lawsuits, injuries, damages, losses, costs or expenses whatsoever, sustained by misconduct or grossly negligent performance of volunteer activities for the FHS, or my breach of the FHS's rules and policies.

You will indemnify, defend, and hold the Rescue harmless from and against any claims, lawsuits, injuries, damages, losses, costs, or expenses whatsoever sustained by any companion animal or any person in connection with your intentional misconduct or grossly negligent performance of Foster Care for the Rescue or your breach of the Rescue's rules, regulations, policies, and programs.

It is apparent that the Orange County Animal Control is grossly negligent in the handling of stray animals.

You agree that we will not be liable for any loss incurred by you in connection with transfers from or to your Account or other implementation of your ShareBuilder plan unless we are grossly negligent in fulfilling our responsibilities in regards to your ShareBuilder plan.