Railroads are killing people
As a courtroom litigator I have litigated many cases against the railroad industry, one of the leading causes of injury and wrongful death. In 1990, according to statistics from the Federal Railroad Administration’s Safety Division, there were 23,140 injuries and 1,297 fatalities. In Ohio, 77 people were killed and 881 injured during this same period….
“Swimming Pool and Diving Injuries”
Article Author: Peter W. Riley I. INTRODUCTION Although they are one of the country’s most popular forms of recreation, water sports, and specifically swimming and diving, are also quite dangerous. Statistics from the National YMCA Aquatic Program indicate that there are over 300 drownings in private pools every year. In the period 1945 through 1983,…
“The Defense of Joint and Several Liability”
Article Authors: William E. Jepsen, William R. Sieben
“No-Fault from Adverse Exam to Arbitration”
Article Author: Richard L. Tousignant INTRODUCTION: The insurance industry is requesting no-fault adverse examinations more frequently than ever before. These exams are being requested from one to twelve months post accident. The average seems to be six months post accident. Chiropractic expenses in excess of $1,300.00 may trigger an adverse exam. Others seem to schedule…
“No-Fault Adverse Examinations from Notice to Arbitration”
Article Author: Richard L. Tousignant
“Punitive Damages – A Constitutional Issue in Tort Cases”
Article Author: Paul E. Godlewski
“Broton and Johnson are Legislatively Overrule”
Article Author: James R. Schwebel I. INTRODUCTION Automobile injury claims frequently give rise to uninsured (“UM”) and underinsured (“UIM”) claims. Determining when a claim falls within the ambit of UM or UIM coverage and the amount of the available coverage is frequently controversial. The controversy stems, in part, from legislative enactments in 1985, 1986, 1988…
“Update Discount of Future Damages”
Article Author: William E. Jepsen Previous articles in this magazine have addressed the constitutionality of Minn. Stat. § 604.07, Discount, Future Damage Awards, see Minnesota Trial Lawyer, Vol. 12, No. 2 p. 8, and the application of the discount statute at the trial court level in light of the Supreme Court’s decision in Bianchi vs….
“Underinsured Motorist Claims: Is There Life After Broton?”
Article Author: James R. Schwebel
“Long Arm Jurisdiction in Minnesota”
Article Author: William E. Jepsen When you have trouble falling asleep at night because you are contemplating “stream of commerce jurisdiction”, you must tell yourself, “I need a vacation!” However, with several trials scheduled later this month, the vacation will have to wait. Perhaps reducing the thoughts to writing will free the mind for sleep…
“Prepare for Arbitration: Same as Trial”
Article Author: John C. Goetz There is, of course, nothing mysterious about preparing a case for arbitration. Thus, I do not believe there is a great deal to cover on this subject. Indeed, from my discussion with other attorneys who have acted as arbitrators, I gather that the main problem, if there is one, with…
“The Practitioner’s Guide to Minnesota Trial Practice”
Chapter Author: William R. Sieben