Strategies, Challenges, and Answers

As Between Intentional And Negligent Joint Tortfeasors, The Negligent Tortfeasor Is Severally Liable While The Intentional Tortfeasor Is Liable Both Jointly And Severally.

According to its web site, CAFE MODA is the “Hottest Local Filipino Spot In Las Vegas”.  A few years back, things got hotter than expected when Palma and Richards got into a fight while on the cafe’s premises.  Richards stabbed Palma.  Palma sued Richards and Cafe Moda.  At the civil trial, the jury found both […]

Whistleblowers Need Attention Too

OSHA takes the safety, health and security of truck drivers seriously.  In fact, drivers and other motor carrier employees are protected from retaliation for reporting certain on‑the‑job commercial motor vehicle safety, health or security concerns.  These whistleblower protections were granted under the Surface Transportation Assistance Act, 49 U.S.C. Section 31105. While whistleblower suits are rarely successful, they are […]

Motor Carrier Admits That Its Driver Was In The Course And Scope of Employment. Court Dismisses Allegations Of Negligent Entrustment / Training

In the case of Adele v. Dunn, 2013 WL 1314944, 2013 U.S. Dist. LEXIS 44602 (D.Nev. 2013), the U.S. District Court, District of Nevada faced the question of whether the claims of negligent training or negligent entrustment can survive where the motor carrier has admitted that its driver was in the course and scope of […]

California Court Clarifies Confusion Post-Howell

Ever since the California Supreme Court decided Howell v. Hamilton Meats & Provisions, Inc., 52 Cal 4th 541 (2013), California’s lower courts have been dealing with the billed vs. paid issue.  The opinion of Corenbaum v. Lampkin, 214 Cal.App.4th 1308 (2013) is an example. An intoxicated Lampkin drove his car and hit the taxi in […]

Responding to an Outrageously High Tow Bill

Have you ever received a bill for tow charges that were just too darn high?  Here are some ways to reduce the risk of receiving such a bill and if received to address those charges. 1.)        Make Record Of The Tow Trucks That Respond To The Scene There are so many things happening at the […]