Gray Matters Fall 2012
October 2012
The modern car is a complex machine containing thousands of interacting parts that must be serviced regularly for the vehicle to perform well over its lifetime. If any one of those parts fails due to a design or manufacturing defect, the original manufacturer may be found responsible. But what if a car is brought in to the local repair shop by the owner for a routine oil change and later the brakes fail due to a condition that perhaps could have been detected by a thorough inspection? Is the repair shop responsible for ensuring that all of the vehicles' systems are functioning properly if it was not part of the duties outlined in the original repair estimate?Typically, the repair shop is not responsible for thorough inspections such as this. The law draws a clear distinction between a manufacturer and an independent repair shop. Manufacturers can be found liable for the design and fabrication of its products such that a customer must only prove that the product was defective without necessarily demonstrating explicit negligence on the manufacturer's behalf. Repair shops are held to a negligence standard, which means a customer must prove the shop did something by act or omission that "fell below the standard of care" generally expected of repair shops.
Published: Mealey's Personal Injury Report
In personal injury cases, Medicare has a right to reimbursement for Medicare benefits already received or that may be received for future medical care. If a plaintiff or plaintiff's counsel does not reimburse Medicare, the defendant's liability insurer may be on the line.
When handling personal injury suits, defense counsel should keep in mind three critical issues if there is a potential for Medicare to have an interest. First, the release should explicitly state that the parties have considered Medicare's interests. Second, the insurance carrier must report the settlement or verdict to Medicare. Lastly, the litigation file should document the consideration of Medicare's interests and possibly obtain a judicial finding as to the quantification of those interests.
Continue reading Recovery in a Personal Injury Lawsuit: What is Admissible at Trial?
So You Think You Know
The Law...
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Gray·Duffy Presents at Crane & Rigging Seminar
John Duffy and Matthew Shorr of Gray·Duffy , LLP recently spoke at the Crane & Rigging Seminar in Long Beach, CA on September 27 and 28. The seminar provided attendees with up-to-date information on regulatory changes being made in the industry. Gray·Duffy presented on California's new anti-indemnity statues. The firm, along with other industry experts, and representatives of NBIS also addressed topics including: job hazard analysis forms, accident investigation, new B30 regulations, top 10 crane accidents, contract management options, risk management package, new insurance coverages and more.
The seminar, hosted by Emery & Karrigan, was attended by owners, supervisors, safety personnel, risk managers and contract managers.
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16th Floor
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Please Note : This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.