Pedestrian 76 Years Old Dies When Struck By a Vehicle in Santa Ana
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November 1, 2011 - This is another sad situation in the news. According to reports a 76 year old pedestrian died after being struck by a vehicle in Santa Ana.
The Santa Ana Police Department Cmdr. says the man was struck at approximately 8:00 a.m. The pedestrian identified as Samuel Suh was struck in the 500 block of West 15th Street by the driver of a sedan. Cmdr. Owens said the driver remained at the scene of the accident and the accident occurred when the driver turned from North Van Ness Avenue onto W. 15th street, traveling eastbound.
Suh age 76 was transported to Western Medical Center in Santa Ana after being struck where he was pronounced dead later in the afternoon. According to Cmdr. Owens it was not clear if Shu was in a designated crosswalk at the time he was struck by the sedan. In other words, there are not enough facts to determine if the man was lawfully in a crosswalk or if he had already crossed. At least that is my take on this.
The good news is that the driver remained behind. Assuming arguendo, the vehicle driver hit the man when he had the right of way, the driver would be legally liable for the wrongful death of the pedestrian.
However, issues of pure comparative negligence rear their head. In other words, this was on old man. Was he partially responsible? Only time will tell. If you have fact pattern in the news you would like to discuss, contact the Los Angeles pedestrian accident attorney at Ehline Law Firm PC, Michael Ehline, your accident lawyer at 633 West Fifth Street, 28th Floor, Los Angeles, CA 90071. 213.596.9642.
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Court rules that case brought within 2 years in another state satisfied Virginia's statute of limitations
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Here is an unusual situation:
The plaintiff was injured in Virginia in a car accident with a resident of Ohio. He filed suit within 2 years in Ohio and he filed an identical suit here in Virginia after two years had passed.
After much legal wrangling, the Virginia court said that the lawsuit filed in Ohio (even though that Court ordered the case transferred to Virginia) was good enough to stop the running of the statue of limitations.
In this case an action was filed in the Ohio court one day before the running of the statute of limitations. The fact that the original action was filed in another state, and perhaps in an improper venue, is of no concern to this Court. The plain language of the tolling statute contemplates "any action" commenced within two years. Code § 8.01-229(E)(1). The commencement of the Ohio action falls within the statute.
This action was also brought within the remaining period allowed by the statute of limitations once the original action had ended, in this case one day. The fact that this action was commenced before the tolling period ended is not of consequence.
Thornton v. Estes Express Lines, 15 Cir. CL0800086500, 77 Va. Cir. 455 (2009)
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Disability Insurance Company Knew All Client's Golf Scores for last 5 years
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Got an interesting call recently. A client who is a medical surgeon who's disability involves fine motor skills still plays golf. (That's OK, hitting a golf ball into the woods does not compromise patient safety!0
He has a claim with a major disability insurance company. The field rep came around for a visit and asked about golf. The client answered appropriately and truthfully.
The disability investigator said "that's exactly what all these golf scores say!"
Pretty scary stuff. Your life is an open book.
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Court to decide that the action period of 2 years in another State Virginia's Statute of limitations satisfied
The plaintiff injured in Virginia in a car accident with a resident of Ohio. He filed suit 2 years in Ohio and he claim an identical here for two years in Virginia had passed away.
After much legal wrangling, the Virginia Court, said that the action in Ohio (although that Court transferred the case ordered to Virginia) well was enough, to stop the execution of the statue of limitations.
In this case, an action in the Ohio Court was filed one day before the running of the limitation period. The fact that the original action in another State, and perhaps in an improper venue was tabled, this dish is no concern. The plaintext of the toll system statute considered started "Measures" within two years. Code § 8.01-229(E)(1). Beginning of the action falls Ohio in the Statute.
This action was allowed by the Statute of limitations in the remaining time, taken after which had initial action in this case one day. No matter the fact that this action ended before the toll period began.
Thornton v. Estes express lines, 15 Cir. CL0800086500, 77 VA. CIR. 455 (2009)
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Disability insurance company knew all client golf scores for the last 5 years
He has a claim with a large disability insurance company. The field rep to visit around came and asked golf. The client answer appropriately and truthfully.
The investigator said disability ", which say exactly what these golf results!"
Pretty scary stuff. Her life is an open book.
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Disability insurance company knew all client golf scores for the last 5 years
Einen interessanten Aufruf bekam vor kurzem. Ein Kunde, der eine medizinische Chirurg ist, die Behinderung umfasst gut motorische Fähigkeiten noch spielt Golf. (Das ist OK, schlagen einen Golfball in den Wald beeinträchtigt nicht die Sicherheit der Patienten! 0
Er hat einen Anspruch mit einer großen Behinderung-Versicherungs-Gesellschaft. Die Feld-Rep für einen Besuch herum kam und Golf gefragt. Der Client beantwortet entsprechend und wahrheitsgemäß.
Der Versuchsleiter Behinderung sagte ", die genau was sagen diese Golf-Resultate!"
Ziemlich scary Stuff. Ihr Leben ist ein offenes Buch.
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Disability insurance company knew all client golf scores for the last 5 years
He has a claim with a large disability insurance company. The Rep range for a visit around came and asked for golf. The client answer appropriately and truthfully.
The investigator said disability ", which say exactly what all this golf scores!"
Pretty scary stuff. Her life is an open book.
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Years of delays on LBJ
Life for Dallas drivers on LBJ, get a little more congested as begins construction on the express LBJ.
For the next five years, commuting delays and lane expected closures as reconstruct crews Interstate 635 between Interstate 35E and highway 75.
If it is complete, the project is almost double the capacity on the Highway $2.7 billion and managed toll lanes.
Although it is at least four lanes for use in both directions for the traffic, the streets open will change often. Due to the changing areas of construction should to drivers talking on cell phones and texting at all costs. Distracted driving to LBJ during this construction could have terrible consequences for you and your passengers.
North Texans know that everywhere where it is necessarily transport highway construction. Hopefully, this massive project moves smoothly over the next five years with the help of careful driver. We are more aware than car drivers, the less likely it is that accidents will happen.
Mark Anderson is a board certified personal injury lawyer practice in Dallas and Fort Worth. If you or a loved one in a car accident, which was injured not your fault, you call the law firm Anderson at 817-294-1900 or 214-327-8000. We help you deal with the insurance company and no money is always required advance to us rent.
