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Personal Injury/Wrongful Death News and Resources

News

Personal Injury

[07/02] NH city rallies around refugees to banish bedbugs
[07/02] Parents of Oregon boy settle in surgery lawsuit
[07/02] Highway deaths fall in 2009, lowest since '61
[07/01] Teenage survivor of jet crash 'doing well'
[07/01] Mississippi's still fattest but Alabama closing in

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Articles

Personal Injury-Wrongful Death

Who is Responsible for Birth Injuries?

During the delivery of a child, injuries sometimes occur. Often these injuries are not avoidable. However, at times injuries are the result of medical negligence and may have been prevented if responded to properly and with adequate care. If your child suffered preventable injuries during birth, there may be a number of people held responsible, including the doctor, other hospital employees and/or the hospital. It depends on the type of injury your child suffered and the circumstances surrounding the injury.

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Loss Due to Construction Defects

A construction defect is a flaw or deficiency in a building’s design, the material’s used, quality of the property or the level of skill of the builders. These defects may cost the owner thousands of dollars to repair, cause a decrease in the worth of the structure or, in some cases, makes the structure unsafe. Some defects may be clear to the naked eye, however, some may be hidden and are not discovered until weeks, months or years later.

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Case Summaries

Injury & Tort Law

[07/02] Hughes v. Pair
Court of Appeals judgment for defendant in a sexual harassment action is affirmed where: 1) plaintiff's factual allegations fail to establish the severe or pervasive conduct necessary to pursue a claim of hostile environment sexual harassment under Civil Code sec. 51.9, as the conduct was not so egregious as to alter the conditions of the underlying professional relationship and could not plausibly be construed by a reasonable trier of fact as a threat to commit a sexual assault on plaintiff; and 2) the court properly granted summary judgment on plaintiff's claim for intentional infliction of emotional distress as plaintiff failed to establish either extreme or outrageous conduct by defendant or that plaintiff suffered severe or extreme emotional distress.

[07/01] Thomas v. Carnival Corp.
In a personal injury action involving a slip and fall aboard Defendant cruise line, the District Court's order granting Defendant's motion to compel arbitration is reversed where, under the parties' agreement, the dispute at issue must have some actual relation to the agreement to arbitrate, irrespective of what ship the claims originated from and when suit was brought.

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FAQs

Personal Injury-Wrongful Death

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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