Personal Injury
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LIMITATION OF LIABILITY COMPLAINT (ADMIRALTY)
Little-known wrinkle in Federal Admiralty & Maritime Law allows potential defendant to limit his potential liability to the value of the subject vessel. **Extremely useful to insurance/subrogation lawyers.
Wrongful Death Complaint With Res Ispa Loquitor
Complaint filed in District Court in Colorado for a family member that was killed while working when a steel beam fall and hit him in the head. The Complaint includes wrongful death, negligence and Res Ipsa Loquitur : To prove res ipsa loquitor negligence, the plaintiff must prove 3 things: The incident was of a type that does not generally happen without negligence, It was caused by an instrumentality solely in defendant’s control, The plaintiff did not contribute to the cause .
Plaintiff’s Trial Brief on Admissabilty of Insurance for Purposes of Establishing Bias
PLAINTIFF’S TRIAL BRIEF ON ADMISSABILITIY OF INSURANCE FOR PURPOSES OF ESTABLISHING BIAS
Plaintiff’s Brief on Comparative Negligence – Personal Injury
Comparative negligence is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff’s own negligence contributed to cause the injury.
Comparative negligence states that when an accident occurs, the fault and or negligence of each party involved is based upon their respective contributions to the accident. This allows insurers to assign blame and pay claims accordingly.
Auto Accident Lawsuit Complaint
A complaint filed in Denver District court for a rear end collision. Lawsuit was was filed in October 2019 and included a request for jury trial and request for damages. the complaint also included a loss of consortium claim for the wife. Loss of consortium is a claim used in some tort cases that allows recovery to the non injured spouse and refers to the deprivation of the benefits of a family relationship due to injuries caused by a tortfeasor or party at fault.
First Amended Complaint and Jury Demand
Plaintiffs pursuant to C.R.C.P. 25(a), respectfully submit the following First Amended Complaint and Jury Trial Demand.
Cross-Complaint-Personal Injury, Property Damage, Wrongful Death
Cross-Complaint-Personal Injury, Property Damage, Wrongful Death
Product Liability Lawsuit – Federal Court Civil Complaint and Jury Demand
Federal Court Civil Complaint, including claims for Strict Liability, Product Liability-Failure to Warn, Negligence, Breach of Warranty- Express and Implied, Fraud, Fraudulent Concealment, and Negligent Representation.
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.
Product Defects: Responsible Parties
For product liability to arise, at some point the product must have been sold in the marketplace. Historically, a contractual relationship, known as “privity of contract,” had to exist between the person injured by a product and the supplier of the product in order for the injured person to recover. In most states today, however, that requirement no longer exists, and the injured person does not have to be the purchaser of the product in order to recover. Any person who foreseeably could have been injured by a defective product can recover for his or her injuries, as long as the product was sold to someone.
Liability for a product defect could rest with any party in the product’s chain of distribution, such as:
-The product manufacturer;
-A manufacturer of component parts;
-A party that assembles or installs the product;
-The wholesaler; and
-The retail store that sold the product to the consumer.
Third Amended Complaint and Jury Demand
THIRD AMENDED COMPLAINT AND JURY DEMAND and added Dram Shop
Complaint for Negligence of Nursing Home
Nursing home neglect is a type of elder abuse committed against older adults in nursing homes. It involves the substandard care of a resident, or a breach of duty that harms a resident. A party who brings a complaint against a nursing home will want to bring out all evidence of the losses or suffering that resulted from the nursing home’s conduct.
Defendants’ Trial Brief – Personal Injury
A trial brief sets forth the facts, evidence, and legal arguments the party intends to present at trial. A trial brief includes issue, which identify the issue raised by the facts of the client’s case. Rule , which identify the law(s) that controls the issue(s). Analysis, which explains how the rule of law apply to the issue(s). Conclusion, which is a summary of the legal analysis.
Soudani Plaintiffs’ and Defendants’ Joint Brief on Jury Questionnaires
Plaintiffs and Defendants submit this brief on the Court’s ability to permit counsel to remove jury questionnaires from the courthouse grounds.