A Colorado driver hits a patch of ice and swerves across the road striking another car. The people who suffer injury bring claim against the driver. The driver argues he confronted an emergency situation and the emergency doctrine applies. Essentially he says he is not at fault since it was an unanticipated condition he confronted. The people who were hurt said that ice and snow are regular occurrences on Colorado highways and the emergency doctrine fails to apply. Attorney David Allen...
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Attorney David Allen examines a case in which the Nevada Supreme Court evaluates its doctrine of "open and obvious" hazard. A pallet left in a store aisle caused a man to fall. Costco contended the hazard was open and obvious. The trial court dismissed the case. On appeal the Nevada Supreme Court needed to determine whether the doctrine of "open and obvious" would apply. To view David Allen's analysis of this case, click on the You Tube link...
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A mother and her 10-year-old son were using a bumper car at an amusement park. Mom suffered a broken arm when the car was struck head-on by another bumper car. She sued the amusement park contending it failed to properly safeguard passengers from injury caused by head-on collisions. The amusement park contended that the doctrine of "assumption of the risk" applied. The California Supreme Court decided the case. Attorney David Allen explains the way assumption of the...
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Attorney David Allen reviews a case in which the doctors at a medical clinic in Washington DC misdiagnosed a patient. They told him he was infected with HIV. He became very distressed and experienced all kinds of hassle as a result. He later got a second diagnosis. The second diagnosis told him he was without HIV. He complained to the clinic which misdiagnosed him. He asked for reimbursement for all the hassle he went through. The clinic denied his claim saying she was...
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Attorney David Allen discusses a case in which a woman brought a workers compensation claim after tripping over her dog at home. Her employer argued she was not entitled to Worker's Compensation because the injury did not "arise out of" her employment. She argued she was working at home for the benefit of her employer and was entitled to Worker's Compensation. David Allen explains why the Oregon court decided the case as it did. To see his video blog, click...
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Attorney David Allen discusses in his new video blog how a young man under 18 years of age is charged with identity theft. He used a password a friend texted him to access the Facebook profile of a girl he knew. He maliciously altered her online profile. The district attorney's office brought criminal charges. The court needed to determine whether the kid's antics rose to the level of a criminal violation. To view David Allen's video blog, click on the lonk below.
