Hogan Injury > Articles by: Patrick Hogan

Accident After Passing Through a Hazardous Off-Track Pathway

By | September 5th, 2013

QUESTION: A student falls on ice as a result of taking a shortcut across campus through a loading dock area that has not been cleared. The loading dock area is cleared after snows, but it is the last area to be cleared on campus because it is not a sidewalk passage. All sidewalks receive first priority. The fall happened within the first 24 hours after the snowfall. Is the school liable? ANSWER: There is a special relationship between a school district (or its employees) and students, so as to impose.

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Medication that Caused Further Injuries to Mom

By | September 5th, 2013

QUESTION: My mother has been prescribed meds which seem to be doing a lot of damage to her: osteoporosis, a broken hip, cataracts, swollen legs, etc. The drug is Prednisone, and the doctor has her on it for 3 years. Her health has declined and she is almost housebound. ANSWER: Doctors, dentists, and other medical professionals, although they may use a drug or medical device that causes injury, are not in the business of selling or dispensing products. The “essence” of their activity is the provision of services. Therefore, medical.

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Modesto Undercover Officer Crashes Car Into a Roselle Woman

By | August 11th, 2013

Modesto undercover officer crashes motor vehicle into woman on Roselle On August 7th at around 2:45pm there was an accident at the intersection of Roselle Avenue and Kodiak Drive in Modesto. A lawsuit that has been filed after the accident indicates that an undercover police officer Doug Ridenour was going extremely fast at 72MPH while driving an unmarked police car and struck a Nissan Sentra that was turning left. Officer Ridenour works for the Modesto Police Department. Witnesses in the area report that the officer’s car was driving too fast.

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Malicious Charges that Led to False Arrest and Imprisonment

By | August 11th, 2013

QUESTION: I am looking to bring a civil action lawsuit against 2 people who filed three charges against me, leading to my false arrest and imprisonment. The charges were recently dismissed in my favor. I have evidence that the woman said that she filed false charges against me, and gave conflicting reports to the police and the prosecutor. In addition to that, her husband who was also a plaintiff didn’t show up at all during trial or hearing. What is the statute of limitations for filing a malicious prosecution lawsuit?.

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Slip and Fall: Who is At Fault?

By | August 11th, 2013

QUESTION: I slipped while going down the stairs in my cousin’s apartment complex. The stairs were broken and the railing was hanging. I received a treatment from the ER for a sprained ankle, and had to go to therapy after. Who is at fault for the poorly maintained property? ANSWER: Landowners and possessors of land owe a nondelegable duty to put and maintain the premises (including its buildings and structures) in reasonably safe condition [CC § 1714(a)].  If it is proven that the said landowner or possessor is liable, the.

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Medicine Intoxication Resulted to Injuries and Eventual Death

By | July 29th, 2013

QUESTION: My mom was 86. Back in 2010 she was prescribed 10mg of amitriptyline for arthritis pain. In 2011 the refilled same drug at 100mg. The following morning after she took her pain pill, my mom was over intoxicated from the med. Since then, her health went down entirely, which caused her to move out here with me in Modesto. A lot of other medical complications followed since that incident. She was admitted to the hospital after having chest pains and lots of fluid in her body. They had her.

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Damages Out of Collision Between Two Running Children

By | July 24th, 2013

QUESTION: My son was running in school and there was another child running to her classroom. They collided with each other and the child fell and broke her glasses. I would like to know if I am responsible for the child’s glasses since it was an accident. ANSWER: “Causation” is an essential element of a tort action. Defendants are not liable unless their conduct (i.e., act or omission constituting a breach of duty to plaintiff) was a “legal cause” of plaintiff’s injury. [Saelzler v.Advanced Group 400 (2001) 25 C4th 763,.

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Legal Malpractice and the Lawyer’s Liability

By | July 24th, 2013

QUESTION: In 2010 I went to arbitration and was awarded $250k. The carrier rejected the claim. Now after a mistake and a vicious divorce, the attorney still represents myself and my ex-wife. Conflict of interest. In 2010 I made an agreement with the attorney and he paid the expenses for $19,9000. Now after the mistake and 4 lawyers later, because they left the firm, I asked and was told that my ex could only find out if my mail was not secure. I agreed to a settlement and the check.

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Claiming Damages Due to Injuries from Purchased Food

By | July 24th, 2013

QUESTION: I bought a Milton’s Chicken and Rice Meal from Costco like I had been doing for years. When I bit into a big piece of chicken, I found out that it had a bone in it. The bone took chunks off my teeth. If I hire a lawyer, will I get more than $6,000, which is the amount the dentist said will cost to fix it, so that I can pay the lawyer and have my teeth fixed too? ANSWER: A claimant is entitled to recover the reasonable value.

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Unsafe Workplace and Your Claims for the Injuries Sustained

By | July 24th, 2013

QUESTION: I want to sue my employer for pain and suffering due to negligence (unsafe work environment). They knew I have already been injured twice and more than 2 supervisors were involved in putting me in another unsafe work environment, causing a third injury to my back. This injury resulted to pain that I will bear for the rest of my life, loss of my job, and daily life as I knew it. When I filed for worker’s compensation, the employer changed the injury date, causing more grief. I want.

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