Friday, March 20, 2009
Small Automobile Accident
Sometimes one has to take the small cases to trial to show the insurance industry that you are prepared to take cases to trial. We have taken a number of small cases to trial and been sucessful. In Los Angeles one such case occurred. Armstrong v. Infinity Insurance Company, docket number BC354779. This was a disputed liability case where plaintiff's claimed that defendant struck plaintiff's vehicle on its side. The injuries were minor and the plaintiff's verdict was $3,250 with 50% comparative fault. How much do you think the insurance company spent on attorney fees and costs? Probably a lot!
Tuesday, February 10, 2009
Amputation Injury
Stewart Galbraith of our firm just posted a huge victory in a Glenn County (very conservative county) trial for a client that had the tips of a few fingers amputated. See www.penneyandassociates.com and look at Stewart Galbraith's profile and click on his blog.
Similar to Stewart's case, a man lost part of his middle and ring finger in an accident in a tortilla factory on July of 2006. The plaintiff in this case was cleaning flour from a power press conveyor when the press came down on his fingers crushing them. The problem was that the power press was missing the safety guards as required by Cal Osha (a much easier case to prove than Stewarts). The plaintiff also contended that the interlocks were by-passed causing his fingers to be crushed. The tortilla factory argued that the plaintiff intentionally tried to injure himself as the normal procedure was to use a hand-held air blower. The defendant also contended that management was not aware of a missing safety guard. The jury found in favor of the plaintiff. See Los Angeles County Duenas v. La Reina Inc.
If you would like to talk to Stewart our our office about you or a family member's injury see www.penneyandassociates.com. Penney and Associates has offices throughout California.
Similar to Stewart's case, a man lost part of his middle and ring finger in an accident in a tortilla factory on July of 2006. The plaintiff in this case was cleaning flour from a power press conveyor when the press came down on his fingers crushing them. The problem was that the power press was missing the safety guards as required by Cal Osha (a much easier case to prove than Stewarts). The plaintiff also contended that the interlocks were by-passed causing his fingers to be crushed. The tortilla factory argued that the plaintiff intentionally tried to injure himself as the normal procedure was to use a hand-held air blower. The defendant also contended that management was not aware of a missing safety guard. The jury found in favor of the plaintiff. See Los Angeles County Duenas v. La Reina Inc.
If you would like to talk to Stewart our our office about you or a family member's injury see www.penneyandassociates.com. Penney and Associates has offices throughout California.
Thursday, January 22, 2009
Disclaimer
DISCLAIMER: here is the legal “mumbojumbo” that we need to say.
Any and all written material contained herein from Penney and Associates or its attorneys is for informational purposes and is not intended to be construed as legal advise. Any mention of cases or the results of such cases is not intended to advise concerning the value of similar cases. Nothing herein is intended to create an attorney-client relationship. Always consult with an attorney.
Any and all written material contained herein from Penney and Associates or its attorneys is for informational purposes and is not intended to be construed as legal advise. Any mention of cases or the results of such cases is not intended to advise concerning the value of similar cases. Nothing herein is intended to create an attorney-client relationship. Always consult with an attorney.
Tuesday, January 20, 2009
TEACHER AID HAS LOCKER FALL ON HER
Enciso-Marquez v. Lick-Wilmerding High School: San Francisco Docket #CGC05443233
In July 2004 while assisting a teacher at school, minor child Marquez was walking down the hall of Lick-Wilmerding High School when a set of lockers fell on top of her pinning her underneath them. At the time the minor child was volunteering for Aim High, but the summer school for Aim High students was held at Lick-Wilmerding High School. The unfortunate student lost consciousness and suffered from an allegedly minor injury.
Marquez settled with Aim high for an undisclosed amount but pursued an action against Lick-Wilmerding. There were numerous cross complaints in this action and defendant Lick-Wilmerding argued that hey had no notice of a dangerous condition on their campus. Plaintiff argued that given the deteriorated condition of the lockers the school should have known and that it was reasonably foreseeable that the lockers would fall on a passerby and cause injury.
The jury came back with a verdict in favor of the plaintiff Marquez. However, winning is not necessarily a good thing as the jury awarded plaintiff only $8,150.00. This is not a good verdict given all the time and effort put into the case by the lawyer and the plaintiff.
If you have been injured in an accident call Penney and Associates for a free consultation concerning your rights.
Enciso-Marquez v. Lick-Wilmerding High School: San Francisco Docket #CGC05443233
In July 2004 while assisting a teacher at school, minor child Marquez was walking down the hall of Lick-Wilmerding High School when a set of lockers fell on top of her pinning her underneath them. At the time the minor child was volunteering for Aim High, but the summer school for Aim High students was held at Lick-Wilmerding High School. The unfortunate student lost consciousness and suffered from an allegedly minor injury.
Marquez settled with Aim high for an undisclosed amount but pursued an action against Lick-Wilmerding. There were numerous cross complaints in this action and defendant Lick-Wilmerding argued that hey had no notice of a dangerous condition on their campus. Plaintiff argued that given the deteriorated condition of the lockers the school should have known and that it was reasonably foreseeable that the lockers would fall on a passerby and cause injury.
The jury came back with a verdict in favor of the plaintiff Marquez. However, winning is not necessarily a good thing as the jury awarded plaintiff only $8,150.00. This is not a good verdict given all the time and effort put into the case by the lawyer and the plaintiff.
If you have been injured in an accident call Penney and Associates for a free consultation concerning your rights.
Wednesday, November 26, 2008
Auto Accident Roll Over
Penney and Associates handles all types of automobile accidents, including roll over accidents. In Riverside, the county court records indicated the following. On December 24, 2005, (the reason why this happened so long ago and is now being discussed is that a typical serious injury case can take a few years to litigate) defendant Rebecca Yoza was driving an uninsured vehicle on I-10 east of Mesa Drive. Defendant swerved to allegedly avoid an object in the road, lost control and rolled over several times. Plaintiff passenger child, age 10, was seriously injured in the accident. The child suffered head trauma, a subdural hematome, multiple fractures, facial injury and hearing loss. Due to defendants lack of insurance, plaintiff made an uninsured motorist claim against her parent’s policy. Plaintiff eventually received the $150,000.00 policy limit.
It is important to purchase a good uninsured motorist policy. To get a million dollars of coverage is usually not that expensive.
It is important to purchase a good uninsured motorist policy. To get a million dollars of coverage is usually not that expensive.
Tuesday, November 18, 2008
Penney Law
Welcome to the official Penney Law blog. Stay tuned for more great legal hearings and judgments.
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