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Tommy Fry was stuck on the Harry Potter and the Forbidden Journey ride at Universal Studios Orlando for about an hour back in 2015, when the ride he and his two sons were on malfunctioned. Fry claimed to have been suspended upside down for this time, though the facts are unclear, since the ride technically does not [...]

In the wake of the deadliest U.S. transportation-related accident in almost a decade, the operator of the limousine company whose “Frankenstein vehicle” was involved in the crash was arrested and charged with criminally negligent homicide. And while he is facing criminal liability for the 20 deaths as a result of the accident, he and the limo company [...]

“Two roads diverged in a wood, and I- I took the one less traveled by, And that has made all the difference” -Robert Frost The paths one chooses can make a big difference. That’s the ultimate takeaway from a September 2018 California Court of Appeal (Third Appellate District) decision, Department of Corrections and Rehabilitation v. Workers’ [...]

Will the 2018 California Supreme Court decision in Dynamex actually have less impact on California workers’ comp than some might have believed? Dynamex Operations West, Inc. v. Superior Court  (83 CCC 817) adopted a simpler but more broad definition of employment status, but arose only in the context of litigation over California wage orders. However, there has been [...]

A Kansas foster care agency is being sued in federal court after a foster child, who was placed back into her father’s home, died from being attacked by pit bulls that lived in the home. The lawsuit is against the Department for Children and Families (DCF) and KVC Behavioral Healthcare, a private not-for-profit foster care contractor, and [...]

Like any experienced music festival attendee, Michael Ryan, of Panama City Beach, Florida, purchased VIP tickets for the Gulf Coast Jam country music festival in 2014. That gave Ryan access to unlimited quantities of free alcohol in the VIP area. And like any experienced litigant, Ryan doesn’t explicitly admit to consuming any of that free [...]

A tragic limousine accident last weekend killed 17 passengers, the driver, and two pedestrians, rocked the small town of Schoharie, New York, and raised new questions about limo safety, licensing, and legal liability. According to reports, the modified 2001 Ford Excursion had recently failed a state safety inspection, the driver did not have the proper license to [...]

A Costco customer was hit by a steel rod while reaching for a package of paper towels, prompting a host of medical interventions. The 62-year-old North Salem, New York resident suffered irreversible brain damage at a Brookfield Costco in 2016, and has filed a federal lawsuit against the wholesale chain for monetary damages claiming unsafe, dangerous, or [...]

Each year the WCIRB prepares a report on California workers’ compensation losses and expenses during the preceding year. And each summer the WCIRB does a State of the System analysis. The workers’ comp system involves people, not just stats and charts. We must never lose sight of that, with the life story of injured individuals and [...]

The California Supreme Court has rendered a 4-3 decision in Hassell v. Bird (see link to the decision at the bottom of this post). This case may be of interest to attorneys, doctors, insurance brokers and other providers who service the California workers’ compensation system. We live in a mobile, internet world. Increasingly it seems that individuals [...]