Buck v. Greyhound Lines, Inc. Common law has always recognized that when the negligence of multiple tortfeasors combines to injure the Plaintiff, all of the tortfeasors are jointly and severally liable for the damage done. In other words, the … [Continue reading]
A Cause Of Action For Negligent Repair May Be Available, But You’ve Got To Keep The Vehicle
May 11, 2009 by
A number of states have formally recognized a cause of action for negligent repair of a vehicle. Francher v. Southwest Mo. Truck Ctr., Inc., 618 S.W.2d 271 (Mo. App. 1981). Olchovy v. L.M.V. Leasing, 182 A.D.2d 745, 582 N.Y.S.2d 764 (2d Dep’t … [Continue reading]
An Expert Is An Expert, Is An Expert?
April 6, 2009 by
In the case of Staccato v. Valley Hospital, 123 Nev. 530, 170 P.3d 503, 505 (2007), the Nevada Supreme Court considered the question of which type of experts can give opinions in which disciplines. In Staccato, the Plaintiff hired an expert doctor … [Continue reading]
I’d Like A New Judge, Please – Peremptory Challenges
March 20, 2009 by
Every party to a law suit wonders if the assigned judge is going to be fair. Every lawyer asks the very same question. The next question often follows: “This Judge is not a good fit for my case. Can I get a different judge?” The most common … [Continue reading]
Respondeat Superior
February 16, 2009 by
Employers can be held liable for negligent acts of employees under a legal theory of vicarious liability known as respondeat superior. In simple terms, this means that if an employee, while acting within the course and scope of his employment, is … [Continue reading]
