Crazy Loophole December 20, 2008
Posted by Attorney Jonathan Groth in Personal Injury Law.Tags: bad faith, insurance settlement
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Does this strike anyone else as outrageous?
An insurance company has asked a federal judge to dismiss it from several lawsuits arising from a 2007 office fire because smoke that killed occupants should be considered “pollution,” something not covered by its policy. Great American Insurance Company argues that its policy includes specific exclusions for certain types of pollution including smoke, fumes and soot. The insurer potentially faces $25 million in liability from the fire. Mary Flood, Houston Chronicle
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan, Plymouth, and Germantown.
If you’d like to submit a question or case please complete a case submission form.
Jurors, Elephants and Donkeys December 19, 2008
Posted by Attorney Jonathan Groth in Personal Injury Law.Tags: jury trial, punitive damages, Wisconsin Personal Injury Attorney
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The Wisconsin Lawyer Magazine has a quick read entitled Politics in Civil Jury Selection. Very interesting.
This is one of the more important parts of my job. Who should I keep on a jury? What questions do I ask in order to figure out who would make a good juror for a particular set of facts. Who will the defense want to keep or strike?
Alan Tuerkheimer, UW Law 2000, is a trial consultant with Zagnoli McEvoy Foley, LLC in Chicago. The Zagnoli firm conducted a survey of mock jurors in order to determine a relationship between political party identification and damages verdicts.
Some sections that I found interesting:
The Zagnoli study found that while political leaning tends to correlate with what jurors say about damages in civil cases, it does not predict whether or how much they actually award. In other words, political leaning is related to what a juror says but not necessarily to what a juror does; thus, political party allegiance should not be too heavily relied on during jury selection.
More specifically, Republicans were more likely than Democrats to make an at fault person pay damage awards for future medical expenses.
A closer look shows that a high proportion of Democrats (86 percent), but an even higher proportion of Republicans (92 percent), would consider awarding money for future medical expenses.
Finally, when it comes to the premise of awarding punitive damages both parties were high. Again, like I assumed Democrats were more likely to agree (92 percent agreed) but I was a little surprised that so many Republicans agreed (80 percent agreed).
I recommend the article. I ask this of my readers. If anyone finds similar articles about jury selection please let me know. I like reading about this stuff.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.
It’s Snowing So Let’s Talk About Pools and Spas December 18, 2008
Posted by Attorney Jonathan Groth in Personal Injury Law.Tags: child injury, child safety, pool and spa safety, wisconsin personal injury, Wisconsin Personal Injury Attorney
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I’m in Wisconsin. It is NOT warm here. It is cold, snowy and icy. But, I can at least think warm.
This post is for the water lovers out there with small kids. Many people try to think warm this time of year (including my family) by going to the YMCA, hotel or local indoor (heated) pool.
In theory, on December 19, 2008 pools and spas will be safer because the Virginia Graeme Baker Pool and Spa Safety Act goes into effect. This law was signed by President Bush on December 19, 2007. Congress gave all effected pool and spa owners one year to comply with the new standards.
According to WSJ.com:
Under the law, all public pools and spas must have ASME/ANSI A112.19.8-2007 compliant drain covers installed and a second anti-entrapment system installed, when there is only a single main drain.
The reason for this law is tragic. Former Secretary of State James Baker’s granddaughter died after being stuck to the drain of a pool. The suction was just too much for the 7 year old girl to overcome.
According to USA.Safekids.org:
Seven-year-old Graeme was a member of the community swim and diving team and had been swimming unassisted since she was 3 years old — but her death is listed as a drowning. In fact, she drowned by entrapment, pinned under water by hundreds of pounds of suction force at the drain of the hot tub.
I encourage you to check out Safe Kids USA’s website. There is a lot of useful information for parents of kids who love to swim. Be careful this holiday season!
If you or a loved one is injured because you think the pool or spa owner did not comply with this law I’d be happy to discuss this with you.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan, Plymouth, and Germantown.
If you’d like to submit a question or case please complete a case submission form.
Update On The “Star System” December 17, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.add a comment
Awhile ago I posted about the Bush Administrations move to rate nursing homes using a “star system.” Over at Nursing Home Administrator’s Blog there is a good discussion about the rating system.
Also, there is a good discussion of nursing home abuse from a new perspective.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wausaukee, Kenosha, Oconto and Wauwatosa.
West Allis, WI: Vicious Dogs Banned? December 17, 2008
Posted by Attorney Jonathan Groth in Dog Attack Information.Tags: Pit Bull Ban, Pit Bull Dog Bites, Wisconsin Dog Bite Attorney
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Considering what I’ve written about in the past I don’t know how I CAN’T write about the saga of the Pit Bull ban in West Allis.
As you’ve probably read on the AP Wire the City President exercised his first veto on a proposal to ban Pit Bulls in West Allis (it banned any new pit bulls but allowed current Pit Bulls to stay). The West Allis Common Council voted for the ban on December 2nd. The ban would have been the first of its kind in the Milwaukee area.
Because of the veto the Common Council is considering other options:
The Common Council is considering a new ordinance to clamp down on dogs in the city considered vicious
A vote is supposed to occur very soon. I’ll keep you updated on anything that I see in the news.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Fond du lac, West Bend, Kenosha and Wauwatosa.
Front Page News December 16, 2008
Posted by Attorney Jonathan Groth in Personal Injury Law.Tags: child safety
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Avvo's Featured Legal Guide 12-16-2008
Thanks Avvo for placing me on your homepage. I hope your readers took some useful information from my legal guide.
Statistically Safer December 16, 2008
Posted by Attorney Jonathan Groth in Motorcycle Collisions, Wisconsin Auto Accidents.Tags: motorcycle accident, Personal Injury Attorney, Wisconsin car accident lawyer, Wisconsin Personal Injury Attorney
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According to the National Highway Traffic Safety Administration traffic fatalities in 2008 are down 10 percent. This is compared to the same period in 2007. So, Americans were less likely to be killed on the road in 2008 as compared to 2007.
The NHTSA discussed the number of people killed in vehicle accidents:
August is the month with the highest fatalities (3,612), while March has the lowest fatalities (2,804) during the ten months. When compared to the corresponding months in 2007, the estimates each month reflect a downward trend. While fatalities fell by 2.5 percent in February and 1 percent in August, there were much more significant declines March through July, Septem-ber, and October.
I can’t comment on the relationship of the statistics, but the NHTSA also discusses how helmet use and seat belt use were up in 2008 as compared to 2007.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan, Plymouth, and Germantown.
If you’d like to submit a question or case please complete a case submission form.
Attorney Ed Wallis and the Mid South Trial Lawyer’s Blog December 15, 2008
Posted by Attorney Jonathan Groth in Personal Groth, Personal Injury Law.Tags: child safety, Personal Injury Attorney, Personal Injury Law
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I just added Ed Wallis and his partner Tim Edwards’ blog to my list of links (on the right side of your screen). Ed is a trial lawyer in Tennessee and an active member of the American Association for Justice (AAJ).
Ed and Tim have a lot of good information on their blog and website. I took special notice of their information about cribs and recent recalls:
In the wake of a recall affecting nearly 1.6 million cribs, federal regulators plan to institute new standards governing crib durability and hardware problems. A spokeswoman for the Consumer Products Safety Commission said that while voluntary standards have decreased the number of crib injuries and deaths, they have not fully addressed comprehensive durability standards. Durability and hardware issues have been at the root of five recent crib recalls, according to the Washington Post. Read more HERE.
Take a moment to check out Ed and Tim’s site. It’s worth the click.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan, Plymouth, and Germantown.
If you’d like to submit a question or case please complete a case submission form.
It’s That Time of Year December 10, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.Tags: Bisphenol A, BPA, child injury, child safety, dangerous toys, lead paint
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Yep, time to watch out for dangerous toys. Who knows what Mr. Mainway will buy for little Johnny or Sally.
I recently wrote a piece about this on Avvo.com. I touch on Bisphenol A, Phthalates, lead and toxic toys. Also, I mention the common problems with many toys, i.e choking hazards and following the age limits.
You can check out the “Legal Guide” here.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.
16 Too Many December 4, 2008
Posted by Attorney Jonathan Groth in Wisconsin Auto Accidents.Tags: dangerous roads, Wisconsin car accident lawyer, Wisconsin Personal Injury Attorney
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Yes, I live in Wisconsin. Yes, we get snow…sometimes lots-o-snow. Yes, people are involved in car accidents because of the snow. But, 16 in one morning?!? Come on Wisconsin! We are better drivers that that!
The Milwaukee Journal Sentinel reports that there were two serious injuries:
A 34-year-old West Allis woman is in critical condition after a two-vehicle car crash this morning on National Ave. near Oakdale Drive in the Town of Vernon, Waukesha County Sheriff’s Capt. Karen Ruff said.
“The roads were very icy,” Ruff said. The sun was shining so ice was melting, but it was also cold enough that there were still icy spots, she said. Some of the crashes on I-94 may also have been caused by people watching other crashes or following too close, she said.
These car accidents occurred during a 90 minute span. Be careful Wisconsin!
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.
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