Mild Traumatic Brain Injury is a classic oxymoron, a very unfortunate conjunction of contradictory terms. It is important to understand that a brain injury, even a mild brain injury, is truly life changing. The designation of “mild” brain injury is a holdover from WWII when neurologists employed a simple classification system: mild, moderate or severe. […]
Defective Product Proof: Complaints & Other Similar Cases
When a defective product causes personal injuries or death, it is necessary to prove that: the product was in fact dangerous or defective; or the manufacturer had notice of the danger or a defect; and the product was the cause of plaintiff’s injury. (Ault v. International Harvester Co. (1974) 13 Cal.3d 113, 121-122). Evidence of […]
SUVs are More Dangerous for Pedestrians than Cars
Sport utility vehicles (SUVs) and ‘crossovers’ continue to grow in popularity. The rate of new SUV sales hit a record high in 2020. According to data from Car and Driver Magazine, more than half of all new automobile sales in 2020 were SUVs or crossover vehicles, despite the risk of SUV rollover crashes. SUVs and […]
Hospitals, Health Care Provider: Sexual Assault of Patients
Sexual assault, abuse and, child molestation occur once every 73 seconds in the U.S., according to the Rape Abuse Incest National Network. Approximately 10% of sexual abuse victims are children. After children, the most vulnerable are patients in hospitals and nursing facilities. Hospitals and Medical Facilities Have a Heightened Duty to Protect Patients Hospitals, health […]
Delivering a Miracle – Case Study: $10.1 Million Judgment on a $50,000 Policy
What would you tell a distraught mother of a 12-year-old child Can you identify the red flags in the following facts? November 14 was a sunny fall afternoon when Rasheed Hilson, age 12, left a basketball game at Morrill Middle School in San Jose. Outside the gym, he chatted with friends before seeing his bus. […]