Phoenix DUI Stats For St. Patrick's Day

Earlier today, azcentral.com, released early Phoenix DUI statistics for the weekend’s St. Patrick’s Day activities.   There were 223 DUI arrest on Friday and Saturday alone.  The average BAC was above .150, which under Arizona law constitutes an extreme DUI.   The actual number was 81/233 (35%) arrest were extreme.  Which means there is a…

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In Personal Injury Actions Treating Physicians Not Entitled To Expert Witness Fees, Sort Of

In the recent decision of Sanchez v Gama, the Arizona’s Division One overturned what some consider a long standing custom allowing treating physicians in a personal injury action to require payment of professional fees when testifying.  That is, if either party calls the treating physician to testify regarding the physicians opinion formed during Plaintiff’s treatment, the physician…

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U.S. Consumer Product Safety Commission Issues Recall of Tea Kettle

According to the recall, steam can travel up the handle or water can spill from the spout resulting in a serious burn injury to the consumer.  Additionally, the aluminum bottom can potentially melt to the stove top and pose another burn injury.  Chefmate® sold the item exclusively through Target Stores, both in store and online.  According…

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Arizona Legislature Looks To Limit Collateral Source Rule

The Collateral Source Rule is a concept in common law that prohibits the admission of evidence that a injured party’s damages were or will be compensated from some source other than the damages awarded against the Defendant.  A typical example is when the injured party uses their own medical insurance to cover their doctor bills.…

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Sacramento County Sheriff Faces Wrongful Death Suit

According to the Sacramento Bee, A seventeen page complaint filed in the Eastern District of California alleges that the County Sheriff ignored an inmates pleas for medical assistance due to excessive vomiting.  The complaint alleges that the excessive vomiting led to a torn esophagus and internal bleeding.  Of course the Sheriff’s office states  complaint differs…

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Young v. Rose

A real estate broker/buyer agreement signed by the buyers is unenforceable against the buyers if the broker fails to execute the agreement (see A.R.S. 32-2151.02).  However, the trial Court improperly granted the Roses’ motion to dismiss because the broker’s response included matters outside the complaint; therefore, the Court was required to treat the motion as…

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