Personal Injury Newsletters

Federal Tort Claims Act — Scope of Employment

The Federal Tort Claims Act (FTCA) applies to claims for personal injury caused by the negligence of a federal government employee who is acting within the scope of his or her employment, under circumstances where a private person would be liable under state law. Therefore, in order for the FTCA to apply, the employee’s negligence must occur within the scope of his or her employment. Generally, a federal government employee is acting within the scope of his or her employment if the employee is engaged in an authorized activity that serves a governmental purpose.

Intoxication As a Defense to Negligence

Intoxication is not a defense to negligence. A person who is intoxicated when he commits a negligent act will be held to the same standard as a person who is not intoxicated. The actions of an intoxicated person will not be judged by the standard of a reasonably prudent intoxicated person.

Liability of Airport Owners and Operators

Most airports are owned by state governmental units or state political subdivisions, such as cities, counties, or airport districts. Governmental units or political subdivisions are generally not liable for torts that result from the performance of a governmental function. Governmental units or political subdivisions are only liable for torts that result from the performance of a proprietary function.

Liability of Owners of Baseball Stadiums

Injuries at baseball stadiums occur to both spectators and participants. They may be able to recover for their injuries in certain circumstances based on the negligence of the owner of the stadium. However, the owner may successfully defend against a lawsuit in certain circumstances.

Tort Law–Criminal Law Versus Civil Law

Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. Law is sometimes divided into civil law and criminal law. This article discusses the distinction between civil law and criminal law as it relates to tort law and personal injury.

Attorney Profiles
- Martin E. Pulverman Raymond J. Pulverman
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RECENT VERDICTS AND SETTLEMENTS
- $4,375,772 Arbitration award to a man severely injured as a pedestrian after being abandoned on the side of Highway 101 at 2 a.m. He was struck and injured 20 minutes later by a hit and run motorist and lost a leg and survived a lengthy coma. His arbitration award was against his girlfriend who was negligent for abandoning him on the side of the road. She disputed any liability and blamed him for being drunk. The award was reduced by 50 percent because of his intoxication.
- $3,204,934 Verdict for a man who sued an insurance company for its unreasonable refusal to settle his claim for $100,000 (policy limits). The jury determined that the insurance company acted in bad faith and the court entered a judgment for the injured plaintiff. $2,200,000 Action against international cruise line for injuries suffered on an on-shore excursion based on negligent supervision of the shore excursion provider.
- $2,000,015 Mediated settlement for a man who suffered a crushed foot in a head-on collision in the desert. $2,000,000 Jury verdict for a female motorist hit by a truck on US 101. She sustained fractures to her pelvis, femur, tibia and fibula requiring surgery. $2,000,000 Recovered for a motorcyclist who was hit by a truck and sustained orthopedic and traumatic brain injuries.
- $1,250,000 Mediated settlement for a man injured in a motorcycle accident causing a broken foot, clavicle and punctured lung. Dispute over the extent of the injuries complicated by a previously undiagnosed diabetic condition. This represented the policy limits. $1,187,704 verdict on behalf of a bicyclist who sustained shoulder, knee and rib injuries by a truck driver who violated the bicyclist’s right of way.
- $1,100,000 Settlement for a man who was rear-ended by an underinsured motorist with a $25,000 liability policy. An additional $1,075,000 was recovered under the underinsured motorist policy. $1,010,866 A pedestrian walking out of a store in San Luis Obispo is struck by a motorist entering a parking space hitting the gas instead of the brakes causing a broken leg.
- $1,000,000 Mediated settlement for a man with a fractured pelvis injured in a freeway collision with a driver carrying minimum limits of coverage ($15,000). An employer paid an additional $735,000 for a total policy limit of $750,000. An additional $250,000 was recovered in underinsured motorist benefits (policy limits). $1,055,000 Mediated settlement for a young woman who suffered a fractured knee in the parking lot of an oil change service facility. $1,100,000 settlement for a motorcyclist who sustained a fractured tibia, fibula and ribs when he was struck by a car exiting a driveway. $1,100,000 settlement for a woman who sustained a mild traumatic brain injury as a passenger in a single car collision. $1,051,250 Plaintiff/passenger suffered a fractured femur from a high speed rear end collision. Plaintiff/driver suffered lacerations from flying glass. Defendant contended he suffered a seizure and alleged the sudden unanticipated emergency defense and was diagnosed with epilepsy.
- $815,000 Settlement for a man who suffered a herniated disc with an underinsured drunk driver who paid $15,000. An additional $800,000 was recovered under an underinsured motorist policy. $500,000 Mediated settlement for policy limits for a woman who broke her hip in a rear-end accident. The defense contended the injury existed before the accident and initially offered $51,000.
- $410,645 Mediated settlement in a motorcycle crash causing a rotator cuff injury. Disputed over pre-existing medical conditions. $235,000 Mediated settlement for a woman who slipped and fell on water at an auto dealership near a water fountain. $74,277 Verdict for a woman injured in an intersection accident. Dispute over the force of impact. The defense offered $30,000 forcing a trial. The court also awarded $28,547 in costs.
- $600,000 Settlement for a woman who sustained a shoulder injury in an intersection collision with a driver who ran a red light.
- $1,000,000 settlement for a motorcyclist who injured his leg by a car pulling out of a parking lot. $1,000,000 settlement for a motorcyclist who injured his leg by a car exiting a shopping center parking lot. $1,000,025 recovered for a woman who injured her shoulders and arms in an intersection crash.