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Wood, Smith, Henning & Berman LLP Document Search Results (22)

 

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HTMLCalifornia Court of Appeal Mandates that Issue of Ostensible Agency in Emergency Room Setting is for Trier of Fact
Constance A. Endelicato, Brian Hoffman; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
June 19, 2015, previously published on June 10, 2015
Hospitals may not escape liability for its emergency room physicians and other independent contractor practitioners, despite giving notice of independent contractor status through admission papers, signage in emergency room, and insignia on clothing.

 

HTMLWSHB Case Update: Difference Between Medical Expenses Billed and Paid Should be Deducted from Judgment before Determining Who Obtained a More Favorable Judgment Under Section 998
Ranjan A. Lahiri, Lane E. Webb; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
June 2, 2015, previously published on May 21, 2015
The issue of how to determine whether a defendant obtained a more favorable judLee v. Silveira, California Court of Appeal, Fifth Appellate District Case No. F067723 Why This Case is Important The issue of how to determine whether a defendant obtained a more favorable judgment under California Code...

 

HTMLDo It Yourself Medicine Subject To Criticism
Patrick S. Schoenburg; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
May 5, 2015, previously published on April 29, 2015
Any internet search of terms related to mold injuries will bring up advertisements for medical labs offering blood testing or related diagnostic procedures, for a price. These tests claim to be capable of identifying “symptoms of mold exposure” or “mold sickness.” Notably,...

 

HTMLCourt of Appeal of Louisiana: Circumstantial Evidence Sufficient To Prove Causation
Patrick S. Schoenburg; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
May 5, 2015, previously published on April 29, 2015
Twenty five former employees of the Parish of Plaquemines sued for alleged personal injuries resulting from mold exposure while working in Parish emergency facilities. The evidence presented at trial consisted of the testimony of the plaintiffs, who viewed or smelled mold in the buildings, and a...

 

HTMLWashington Court of Appeal Finds Testimony of Non-Physician Toxicologist Sufficient to Prove Causation
Patrick S. Schoenburg; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
May 5, 2015, previously published on April 29, 2015
In a May 2014 opinion, the Washington Court of Appeal reversed a lower court decision, dismissing a plaintiff’s claim against her employer for negligent cleanup of mold growth. Plaintiff Bonny Bolson was working as a tax accountant when a severe storm flooded her office. While attempting to...

 

HTMLHabitability: How Mold Fits Into The Bigger Picture
Patrick S. Schoenburg; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
May 5, 2015, previously published on April 29, 2015
Mold claims are generally property based. Plaintiffs allege that their exposure is the result of inadequate construction or maintenance of a structure, causing water intrusion into the building envelope and the subsequent growth of fungi. The same defective construction or maintenance of a building...

 

HTMLNew York Court of Appeals Sets Higher Bar For Proving Causation
Patrick S. Schoenburg; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
May 4, 2015, previously published on April 29, 2015
On March 27, 2014, in a key appellate decision on causation, the New York Court of Appeals affirmed the dismissal of a tenant’s personal injury claims against her landlord. The Court’s opinion was based upon an in depth review of the scientific literature regarding mold exposure and...

 

HTMLBuilder’s Cash Payment In Exchange for Section 1542 Waiver Bars Subsequent Claim For Latent Construction Defects Under Right to Repair Act
Brandon T. Kerr, Keith Smith; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
April 27, 2015, previously published on March 19, 2015
This case demonstrates that a builder can protect itself from all future claims under the Right to Repair Act for latent construction defects by negotiating a waiver of unknown claims (Civil Code 1542) in return for a cash settlement. As the Belasco court stated, plaintiff “and his attorney...

 

HTMLCommercial Tenant Found To Not Be a “Landowner” Of Common Areas Under Colorado’s Premises Liability Act
Christina M. Gilbertson, Nick R. Herrick; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
April 27, 2015, previously published on April 17, 2015
In this case, the Colorado Supreme Court considers whether a clinic that was the main tenant at a medical campus qualifies as a “landowner” (as defined by the Premises Liability Act - the “PLA”) of a common area sidewalk where the Plaintiff fell and sustained injuries. The...

 

HTMLThe Colorado Supreme Court Prohibits Hotels from Evicting Guests Into Foreseeably Dangerous Environments
Christina M. Gilbertson, Nick R. Herrick; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
April 27, 2015, previously published on April 20, 2015
For the first time, the Colorado Supreme Court has defined the duty a hotel owes to a guest during a lawful eviction. This case stands for the proposition that the long-recognized duty of an innkeeper to its guests to exercise reasonable care under the circumstances prohibits an innkeeper from...

 


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