Koff Mangan Vullo Gartley & Lach, P.C.
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Personal Injury Newsletter
Rules Regarding Parking a Motor Vehicle
 
Most vehicle or transportation codes prohibit a person from stopping, parking, or leaving his or her motor vehicle standing in certain places. Such places include intersections, crosswalks, safety zones, entrances to fire stations, fire lanes, sidewalks, tunnels, and bridges. The person is prohibited from stopping, parking, or leaving his or her motor vehicle, regardless of whether the vehicle is attended or unattended.More...
 
The Jones Act -- Unearned Wages
 
Under the Jones Act and general maritime law, a seaman who is injured in the course and scope of his employment may recover "unearned wages," i.e., the wages he would have earned if he were able to continue working until the end of the voyage. Unearned wages may include overtime, bonuses, and other employment benefits.More...
 
Federal Tort Claims Act - Discretionary Function Exception
 
The Federal Tort Claims Act (FTCA) bars claims that are based on the performance or failure to perform a discretionary function or duty of a federal agency or federal government employee, even if there is an abuse of discretion. According to this "discretionary function exception," a personal injury action cannot be filed under the FTCA if the employee's negligence arises from a discretionary function or the execution of a statute or regulation.More...
 
Common Law Tort Action Against Person Having Sexual Relations with Female Child
 
Under the common law, a person who has sexual relations with a female child is liable to the child's parent for damages. The tort action is based on the parent's lack of consent. Damages are based on the parent's loss of services or the medical expenses that the parent incurred on behalf of the child as a result of the sexual relations. Although these types of cases are quite rare and some states have abolished actions for these types of cases, there are still some states in which the cause of action may be maintained. More...
 
Negligence
 
An injured plaintiff may bring an action against a defendant to recover for injuries caused by the defendant's negligence. Negligence is generally the failure to use the care that a reasonable and prudent person would use to avoid an injury. To maintain a negligence action, the plaintiff must prove that the defendant owed a legal duty to the plaintiff, that the defendant breached the duty, that the breach was both the actual and proximate, or legal, cause of the plaintiff's injury, and that the plaintiff suffered damages.More...
 
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