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Personal Injury Law

Sacramento Injury Lawyer Blog

Covers news and events dealing with accident and injury law.
By Moseley Collins, Esq.

Post Frequency: 1.3/day

Last Entry: March 28, 2011 at 11:46:41

Sacramento Nursing Facility Doctors Sued For Malpractice, Part 3 of 8

Posted on January 30, 2010
(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.) The Complaint Properly Explains the Basis for Tolling (Due to Delayed Discovery) and Should be Allowed to Proceed...

Elderly Sacramento Man Dies In Nursing Home, Part 2 of 8

Posted on January 27, 2010
(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.) The Pleadings. The Judicial Council complaint states that Tina Steinford and the Estate of Paul Steinford complain that eleven doctors and two institutions negligently caused the death of Paul Steinford and committed elderabuse...

Sacramento Family Sues Nursing Facility For Elder Abuse, Part 1 of 8

Posted on January 25, 2010
(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.) OPPOSITION TO DEMURRER The plaintiffs oppose the demurrer brought by defendant doctors White, Black, Greene, Brown, Smith, and James, because the plaintiffs have set out a reason why the statute of limitations was extended beyond one year and for the time it took to file the action and that the elements of a claim for elder abuse are stated...

Sacramento Auto Accident Victim Wins Huge Damage Award For Her Brain Injuries, Part 9 of 9

Posted on January 23, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) Here, Defendant has failed to establish by any means how the "sub rosa" videotape contradicts or somehow discredits the testimony of any of Plaintiffs experts based on any legal criteria...

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City Tries To Overturn A Jury Verdict In Favor Of Brain-Damaged Sacramento Accident Victim, Part 8 of 9

Posted on January 21, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) Defendant's Analogy Can Be Readily Distinguished From This Brain Injury Case Defendant provides an example by way of reference to In re Marriage of Hewitson and In re Marriage of Rives as support for the proposition that Plaintiffs experts' testimony does not constitute substantial evidence...

Brain-Damaged Sacramento Woman Wins Verdict Against City, Part 7 of 9

Posted on January 18, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) As to Defendant's seven purported "false assumptions" that supposedly make the evidence presented in this traumatic brain injury case "insignificant," the Plaintiff would respond as follows: Not one of Plaintiff's witnesses knew of the existence of the sub rosa video prior to their testimony...

Tragic Sacramento Officer-Involved Auto Collision Leaves Victim Brain-Damaged, Part 6 of 9

Posted on January 16, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) THE VERDICT WAS SUPPORTED BY SUBSTANTIAL EVIDENCE Defendant contends that a miscarriage of justice will be had in this case if the verdict stands and further contends that the verdict is not based upon substantial evidence of plaintiff's brain injury...

City Sued After Cop Collides With (Now) Brain-Damaged Sacramento Woman, Part 5 of 9

Posted on January 15, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) Further, a judgment notwithstanding the verdict can be sustained only when it can be said as a matter of law that no other reasonable conclusion is legally deducible from the evidence, and that any other holding would be so lacking in evidentiary support that the reviewing court would be compelled to reverse it, or the trial court would be compelled to set it aside as a matter of law...

Multi-Car Collision Leaves Sacramento Woman With Brain Damage, Part 4 of 9

Posted on January 12, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) STANDARD FOR A JUDGMENT NOTWITHSTADING THE VERDICT A Judgment Notwithstanding the Verdict (hereinafter "JNOV") challenges the legal sufficiency of the evidence, essentially asking whether the evidence was sufficient to prove the claims or defenses asserted and now embodied in the jury's verdict, such as the one in this brain injury case...

Sacramento Police Officer Involved In Catastrophic Car Accident, Part 3 of 9

Posted on January 09, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) Prior to this catastrophic car crash, Ella Lee, a mother and grandmother, had a functional life filled with the typical array of ups and downs...

Woman From Sacramento Suffers Brain Damage After Auto Collision, Part 2 of 9

Posted on January 06, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) From his own testimony, Choo froze, bringing his vehicle to a stop as it straddled the #2 lane (slow lane) on the Highway 160 westbound, directly in the path of travel of Black...

Sacramento Man Involved In Tragic Auto Collision, Part 1 of 9

Posted on January 03, 2010
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT MEMORANDUM OF POINTS & AUTHORITIES INTRODUCTION On September 9, 2005, a completely avoidable high-speed collision occurred on Highway 160 at the intersection of Royal Oaks Avenue shortly before midnight between two vehicles...

Elder Abuse Victim Challenges Expert In Sacramento Nursing Home Wrongful Death Case, Part 2 of 2

Posted on December 30, 2009
(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.) SPECULATIVE TESTIMONY REGARDING PLAINTIFF'S LEVEL OF FUNCTIONING WOULD BE HIGHLY PREJUDICIAL The court has inherent power to grant a motion to exclude Any kind of evidence which could be objected to at trial, either as irrelevant or subject to discretionary exclusion as unduly prejudicial...

Family Of Sacramento Man Who Died Files Suit For Elder Abuse, Part 1 of 2

Posted on December 28, 2009
(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.) Plaintiff John Allen?s Motion In Limine to Exclude Sammi Nunn, R...

Wrongful Death Of Sacramento Man In Elder Care Facility, Part 3 of 3

Posted on December 26, 2009
(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.) Allen developed decubitus ulcers because the nurses in charge of his care did not turn and reposition him as required...

Sacramento Elder Abuse Victim Dies, Part 2 of 3

Posted on December 23, 2009
(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.) INJURY As discussed above, Allen developed stage III decubitus ulcers on his buttocks, stage IV decubitus ulcers on his left hip, and a stage II decubitus ulcer on his left ankle...

Sacramento Man Dies In Nursing Home, Part 1 of 3

Posted on December 21, 2009
(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.) Plaintiff John Allen ("Allen"), deceased, by and through his conservator, Darrell Allen, submits the following Settlement Conference Statement: INTRODUCTION This is an action for violation of the Elder Abuse and Dependent Adult Act ("EADACPA") and negligence against defendant XYZ MEDICAL CENTER ("XYZ") for its reckless neglect in its failure to provide adequate custodial care to Allen...

Severe Abuse and Neglect By Sacramento Hospital Leads To Lawsuit, Part 7 of 7

Posted on December 18, 2009
(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.) THE COURT SHOULD OVERRULE DEFENDANT'S DEMURRER AND MOTION TO STRIKE WITH RESPECT TO ALLEN'S CLAIM FOR DAMAGES UNDER CAL...

Family Of Elderly Sacramento Patient Sue Nursing Home For Abuse, Part 6 of 7

Posted on December 15, 2009
(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.) Here, Allen may bring a civil action under section 15656 of the Welfare and Institutions Code...

Sacramento Man Suffers Elder Abuse And Neglect At Local Facilities, Part 5 of 7

Posted on December 12, 2009
(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.) Here, Allen alleges that defendants were responsible for his custodial care due to his physical and mental disabilities...

EADACPA Elder Abuse Charges Filed Against Sacramento Hospital, Part 4 of 7

Posted on December 10, 2009
(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.) Allen has properly alleged wrongful misconduct on the part of an officer, director, or managing agent of defendant...

Neglect By Sacramento Nursing Facility Subject Of Lawsuit, Part 3 of 7

Posted on December 07, 2009
(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.) The allegations in the complaint are sufficient to withstand defendant's demurrer...

Sacramento Hospital Sued For Elder Abuse By Patient's Family, Part 2 of 7

Posted on December 04, 2009
(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 well settled that less particularity in pleading is necessary where the defendant may be assumed to have equal or superior knowledge of the facts than the plaintiff does...

Sacramento Man Files Elder Abuse Claim Against Nursing Facility, Part 1 of 7

Posted on December 02, 2009
(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.) Plaintiff's Memorandum of Points and Authorities in Opposition to Defendant's Demurrer and Motion to Strike Portions of Plaintiff's Third Amended Complaint INTRODUCTION Plaintiff John Allen ("Allen"), an incompetent adult, and Sacramento resident, by and through his conservator, Darrell Allen, requests that the Court issue an order overruling Defendant XYZ Medical Center's ("Defendant") demurrer and motion to strike portions of Allen's third amended complaint...

Sacramento Motorcyclist Prevails At Trial After Accident, Part 5 of 5

Posted on November 30, 2009
The following blog entry is part of the plaintiff?s response to the defendant?s new trial motion, which was posted earlier this month. (Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this motorcycle accident/personal injury case and its proceedings...

Defendant Auto Driver Seeks New Trial After Motorcyclist Prevails, Part 4 of 5

Posted on November 27, 2009
The following blog entry is part of the plaintiff?s response to the defendant?s new trial motion, which was posted earlier this month. (Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this motorcycle accident/personal injury case and its proceedings...

Injured Sacramento Motorcyclist Wins Damages Award, Part 3 of 5

Posted on November 25, 2009
The following blog entry is part of the plaintiff?s response to the defendant?s new trial motion, which was posted earlier this month. (Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this motorcycle accident/personal injury case and its proceedings...

Severely Injured Sacramento Motorcycle Driver Awarded Damages After Trial, Part 2 of 5

Posted on November 22, 2009
The following blog entry is part of the plaintiff?s response to the defendant?s new trial motion, which was posted earlier this month. (Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this motorcycle accident/personal injury case and its proceedings...

Sacramento Jury Damages Award For Motorcycle Accident Challenged, Part 1 of 5

Posted on November 19, 2009
The following blog entry is part of the plaintiff?s response to the defendant?s new trial motion, which was posted earlier this month. (Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this motorcycle accident/personal injury case and its proceedings...

Huge Jury Award For Sacramento Motorcycle Accident Victim, Part 5 of 5

Posted on November 17, 2009
The following blog entry is written from a defendant?s position after a jury trial verdict for plaintiff. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in a personal injury case present such issues to the court...

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