“Low Speed Impacts: Does No Property Damage = No Injuries?”
Article Author: Paul E. Godlewski Introduction Lawyers representing injured victims of automobile collisions continued to encounter the use by the insurance industry and the defense bar in no fault and liability claims of "experts" to "prove" that the victim could not have been injured in the accident because the speed of the impact was "too…
The Scope of Minnesota’s New Subrogation Law is Broader Than You Think
On May 24, 1995 Governor Carlson signed into law House File No. 96, to appear at Minnesota Statutes Sections 62A.095 and 62A.096. The bill codifies Minnesota s subrogation law with regard to health insurers and other health plans. It represents a statutory return to the rule of Westendorf v. Stasson:1 Subrogation will not be allowed…
Schwebel, Goetz & Sieben Add Two New Prominent Trial Attorneys
Minneapolis, MN – November 13, 1996 – Schwebel, Goetz & Sieben today announced that William E. Jepsen and Leo M. Daly have joined the firm. Jepsen and Daly will both focuses their practice on personal injury, product liability, and medical malpractice. Bill Jepsen started his practice of personal injury litigation on Main Street in Stillwater,…
“Effective Use Of The Law Of Juror Selection”
Article Author: Peter W. Riley MTLA Magazine, Fall 1996 By: Peter W. Riley Experienced trial lawyers recognize the critical importance of attorney-conducted voir dire in assuring the fair trial of civil actions. While much has been written about the style of inquiry on voir dire, many attorneys have little concept, beyond a vague notion that…
WHY ARE SAFETY REGULATIONS REQUIRED?
FACTORS THAT AFFECT FATIGUE IN HEAVY TRUCK ACCIDENTS VOLUME 1: ANALYSIS NTSB Number: SS-95/01 NTIS Number: PB95-917001 SYNOPSIS The Safety Board analysis of Fatal Accident Reporting System (FARS) data indicates that in 1993 there were 3,311 heavy trucks involved in 3,169 fatal accidents, in which 3,783 persons died (432 were occupants of the heavy…
“Bad Faith-General Principles and Plaintiff’s Perspective”
Article Author: Peter W. Riley
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….
“The Defense of Joint and Several Liability”
Article Authors: William E. Jepsen, William R. Sieben
“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,…
“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
“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…
“Punitive Damages – A Constitutional Issue in Tort Cases”
Article Author: Paul E. Godlewski
“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….