Personal Injury-California

Can I hold Int'l office responsible in personal injury case?

ctsphate — Mon, 09 Nov 2009 07:51:51 GMT

I was an international student in a California college in 2003 who requested a document at the international office of my school. The document (I-20) was necessary to re-enter from a temporary return home. The International Office counselor who could issue it delayed issuing it, substituting with its faxed copy. That resulted in my detention and deportation at the arriving airport, my student visa being cancelled, and a 5-year bar to enter the country.

Upon requesting I adequately informed her of my arrest whose legal process was underway, and of my concern of possible stop at the airport. She replied with "there should be no problem." Only upon learning of my deportation, she gave a verbal apology and then immediately sent a real copy, but refused to write it by remaining silent.

The outcome then included the denial of entry, the 5-year bar, the trial pending, a bench warrant issued for my arrest, college courses cancelled and denial of further education, stress, pain and despair suffered for over 6 years, as well as a hefty amount of money to hire attorneys. Despite 2-year statute of limitations, is there a chance to question their conduct once I am successful in crossing the border?

Exceptions to "open & notorious" and caution sign doctrine

Matt L — Thu, 19 Nov 2009 06:54:19 GMT

I'm a transactional real estate lawyer in CA, but not a litigator. I would appreciate cites to any authority related to possible replies to my posts. Thanks in advance. I can be contacted at alexii4@yahoo.com.

At a major national gym I belong to in LA, I went inside, signed in, then walked to the locker room to get changed. In order to get to the lockers, you have walk past the walkway from the pool, which is always soaking wet and on bare tile. You also have to walk past the entry to the showers, which also track a great deal of water all over the floors, again, all bare tile. You cannot get from outside the facility and to the locker rooms without walking directly through the path from the pool to the lockerroom and past the showers, and over wet floors. There are a few rubber mats on the floors, in front of a mirror, but they are very sparse elsewhere and are not in the area where you enter or exit the mens' area and the walkway to the locker room.

Walking up the ramp to get to the locker rooms, right near the pool door, there is usually a caution sign, but it is not in the entry to or in the locker room/shower/bathrooms.

After changing into my gym clothes, I closed my locker and started walking out of the locker room and both of my feet simply went out from beneath me. The floor was wet and as slick as ice. As I was falling, I reached behind me to break the fall with my hand/arm. Well I broke the fall, that's for sure, but I also broke my wrist (which had been broken 5 years earlier playing baseball); I separated my shoulder (level 2) and have something very seriously wrong with my elbow and forearm, which my doctors are still trying to figure out.

Here's the rub, the gym claims that in my contract, I waived liability in my membership contract for "use of their facilities," which they seem to think includes walkways. I agree that I signed it, waiving liability for working out, or by being hurt by another person who dropped a weight on me or something, in which case I would have nothing to *** about. In my case, however, I did NOT waive their liability if I got hurt simply walking out of the locker room. They disagree. They also point out that the caution sign absolves them from liability. I would agree if the floor was wet because they had just mopped it, but the floors are wet 24/7. They have to be wet because the way they designed the place, it's impossible not to walk through water to get to your locker. They also claim the water on the floor was open and notorious, and because I knew they were wet, they were not liable. I find that a poor argument because, based on their argument, their floors could be made of ice, and all they have to do is post a caution sign or tell you "by the way, be careful, the floors are made of ice, and if you fall, it's your problem." I was not running, or horsing around with anyone. I was simply walking out of the locker room, alone.

I'm all for taking responsibility for my carelessness, but I wasn't being careless at all. The gym had a duty to provide me a safe place to walk (and to work out). I simply don't buy their arguments.

The points of contention are:

1). Is the waiver of liability for using their facility intended to include entryways and exits? In a California Case, the court found, in the context of the liability waiver that "We hold that the undisputed evidence shows that the dominant purpose of plaintiff’s membership agreement with defendant was for the provision of fitness services." This was Susana Ontiveros v. 24 Hour Fitness Corporation (2008). My waiver, in my opinion, does not waive liability for a continuing dangerous situation that I have no choice but to encounter if I am to enjoy the benefits of my agreement with the gym. Walking out of the locker room, in my opinion, is not something I waived their liability for ensuring I could do, safely.

2). The caution sign near the pool. Forget where the sign is. I argue it is intended only to warn people walking past the pool that the floor is wet - again, there is no caution sign in the locker room. Regardless, even with a caution sign in the locker room, because the wet (incredibly slippery) floors are a constant, I argue that sign or no sign, they had a duty to at least do SOMETHING to reduce or eliminate the hazard. They do nothing. No mopping dry; no rubber mats in the walkway; no anti-skid adhesive, no handrails... nothing.

3). Open and Notorious. Assume I knew the floors were wet and slippery all the time, and at the time I fell. Does that mean their liability is waived? I grew up in cold country and have walked on ice a hundred dozen times. I know how to walk in such a manner as to be "cautious" so as not to fall; however, no matter how cautious you are, if you walk on ice all the time, you're gong to fall. I just don't buy the "open and notorious" argument.

How much more could I have done to prevent myself from falling? I can think of absolutely nothing aside from not going there.

How much more could the gym have done to prevent the dangerous situation? Easy... keep someone nearby with a mop; place rubber mats wherever people have to walk; put anti-skid surfaces on walkways, install handrails. Eliminate the "ice."

Please give me your arguments why you would disagree with me. If you agree, but can support your position with case law, I would be eternally grateful.

I'm Matt

WHAT RECOURSE DO I HAVE??

1Contessa — Sun, 08 Nov 2009 22:18:13 GMT

My case has already been settled and I have not received my money as yet. Each time I call (8 times so far) I get the run around. I asked that a list of all debts paid accompany my check and wanted it sent certified mail, in order that I track it, it was denied. My gut feeling is that they are not forthcoming and they are being dishonest. BTW I'm in San Diego. Lawyers are in the same state but a different county

Where do I go from there??

Thanks in advance for any responses~

Invasion of privacy

Digital Matrix — Thu, 05 Nov 2009 06:13:59 GMT

I loaned a relative (nephew) a mobile smart phone to barrow (to use temporarily) while he is at school here, and I’m paying the bill on the thing. According to the phone bill he hasn’t been using it for a phone, but just accessing the internet (and apparently downloading porn on to it). When I was at his house recently I picked up the phone and wanted to start scrolling through what kind of stuff he is downloading on to MY phone. Someone said I was invading his privacy by doing so if he wasn’t in the room or didn’t give me permission to look at it, even if it’s my personal property. Am I invading another persons privacy by looking at the contents of a device that belongs to me?

Statute of Limitations for California Pawn Shop Nightmare

Patti Norton — Mon, 26 Oct 2009 18:41:31 GMT

Hi, approximately 2-3 years ago my husband was admitted to the hospital and was in the ICU for 45 days and he almost died. This ordeal lasted for about six months due to the complications and having to go through physical therapy to learn how to walk again.

At the time I was the only one employed in our household and money was very tight. As a result I went to the local pawn shop and pawned my wedding ring for 120.00 to pay an electrical bill. About 3 months later I went back to get my ring and they couldn't find it. Evidently it was discovered at this time that they had hired a new employee who worked for one day and had complete access to the safe and he cleaned them out and left the state.

I was in contact constantly with the pawn shop and I was told to bear with them that they were working with law enforcement and that they were hoping that some of the items would turn up at other pawn shops. I patiently waited for several months and then i realized that i wasn't going to get my ring back. I stayed in contact with the pawn shop after I moved and finally I started to send him letters asking for an update and demanding that my ring be replaced. I threatened to go to small claims court and the owner had his attorney send me a letter with a check for 180.00 for my time and that was it. The attorney basically stated that I had no recourse and that the owner wasn't obligated any further and that I should just take the 180.00 and move on.

Well the ring that I had they quit making it was a band with 20 square diamonds inlayed into a band. Now I beleive that it is too late for me to file a claim in small claims court because I waited too long. Can anyone out there tell me what kind of case this would be considered or if it would even fall into small claims court. I have never been in court before and I am now afraid that I wasted too much time and also the file that I had was misplaced while I moved. I know that I have it somewhere but I have yet to locate it. Does this pawn shop owe me a new ring or what can I do to gain satisfaction concerning this matter.

Dog Bite in CA

chowchowkathi — Wed, 02 Sep 2009 17:31:46 GMT

While at a school yard my 3yr old daughter was bit by a 6mo old lab that was unleashed. A witness told the Firemen there that she saw the dog just playing with the little girl and the little girl just fell. My husband was about 20ft away and immediately yelled at the dog and picked up my daughter. She had bite marks on her face, and the dog continued jumping at my husband trying to bite my daughter's feet.

Would I file a personal injury lawsuit with this situation? The Animal Control Officer verified that the marks on my daughters face were dog bites and quarantined the dog. My daughter still has nightmares and wakes up crying and has become very "clingy". Would I be able to find the procedure for filing a lawsuit somewhere?

auto accident

tinavas — Sun, 23 Aug 2009 01:24:05 GMT

My boyfriend, son, and I were in a car accident in june 2009 we were at a 4 stop and it was our turn to go we were brod sided by a guy who went around traffic and ran the stop sign. We were going south and the guy hit us going west. My boyfriend didn't want to see a doctor. I was in pain so I went and am now going to therapy. My son was ok and checked by his doctor. I have a lawyer and they can't do anything till I'm cleared with the doctors. Does anyone know about how much I would get or what I should fight for in my case. I am also sueing for my son. What should I expect for a settlement for the both of us.

Rear Ended on Hiway--California

kleviphillips — Fri, 10 Jul 2009 08:03:01 GMT

On May 11, 2009, my husband was rear ended by a truck on 980 (hiway in Alameda County, California).

He was working at the time. As was the driver who hit him. Everyone was insured. My husband was stopped in traffic--it was ~4:30 p.m.

The driver who rear ended him admitted that he had looked down for a minute to connect a handsfree device. He did not see the cars in front of him breaking or stopping. He was going ~45 mph when he hit my husband's vehicle. His vehicle was badly damaged, but he drove it away.

A metal shelf bolted to the interior side of the van--behind the driver's seat containing metal pipes (my husband is a plumber) broke loose on impact and slammed into the driver's seat/his mid to lower back.

My husband missed work (per physician's orders) from May 12 to June 1. He could not lift more than 10lbs. And he was in a great deal of pain (mostly back & hip) for several weeks, but at least until he returned to work.

The insurance company and my husband's boss are urging him to close this claim and turn in the receipts, statement re: lost hours at work, etc. by Monday, July 13.

My question is: Pain and suffering compensation? Would it be expected in this type of situation?

I was thinking of adding it--maybe $125 per day for 20 days--while he was out of work; totaling $2500 in addition to the lost wages and out of pocket medical. Making the sub total ~$5400. (not including the cost of repairing the vehicle.)

Does anyone have an idea of what is customary?

Thanks.

Dismissal

Merry Way — Wed, 08 Jul 2009 00:52:09 GMT

Auto accident on 10/6/06 in Glendale, CA. Other party drove at a high rate of speed around a corner hitting my car as I entered the center turn lane in the center of the road. I hired an attorney. I replaced the 1^st attorney after 1 year of lack of work and unprofessional behavior. In 1/08 a default judgment was awarded to me. The other parties’ insurance carrier claimed he was not insured by them and refused to pay now the same insurance company is defending him and in 1/09 they got the default set aside. I hired a 2^nd attorney in 2/08. In Jan. 09 he wanted out and in 6/09 he was granted the motion. During the months when he was trying to be relieved, the defense was sending motions to lawyer #2, that he was not forwarding to me and not responding to. I have tried to find a 3^rd attorney without success. Due to the fact that I am unable to find an attorney and the defense motions, it was pointed out to me that there is irreparable harm to the case and not enough money to make it worth pursuing. The defendant only had the state minimum. I sent a letter to the defense attorney and they have agreed to waive costs, if I file the dismissal. Can either of the attorneys I hired come after me for their expenses? If this is dismissed with prejudice can the defendant try to sue me? I was able to find the dismissal form online, but how do I go about getting it filed with the court?

Parking lot auto accident lawsuit for punitive damages

tweemz — Fri, 03 Jul 2009 04:43:19 GMT

On December 15, 2007, as I was putting my groceries in my car after leaving [a store], a woman who had been at the checkout stand in back of me happened to be parked in the same lane as I was. She was putting her groceries in her car as I started my car to back up. I was very careful to make sure the path was clear and proceeded to back up. This woman and I collided and she jumped out of her car, started screaming, "it's your fault and if you dare try to blame me, I will lie and say it's your fault." She was crazy! I told her to calm down and to let the insurance companies deal with it which angered her even more. Then, she didn't want to give me the name of her insurance company and I said, "fine, if you don't have insurance, your license will be suspended because I'll say it's your fault" She reluctantly gave me the name of her insurance and her business card. She is an attorney. I commented, "business must be slow." She responded, "why do you think that?" "Because of the clunker you're driving." Shouldn't have said because I think she has been stewing about it for a year and a half. I found out my insurance paid out $225 and her insurance paid $225 they decided it was a 50/50 fault since we were both backing out although I still think she tried to beat me out of the parking lot and backed up without looking. Now, a year and a half later, I am served with a lawsuit for fraud, breach of contract and negligence individually and [my insurance company] is also named in the suit.

I was so upset, I went online to ask for help and found an attorney who told me about [a company]. I received a letter from [my insurance company] stating that I will have to hire outside counsel AT MY OWN EXPENSE to cover the punitive damages if their counsel can't make the plaintiff drop the punitive damages claim. Is this true? I have no idea what this woman's problem is except that she must need money pretty badly to fake injuries on an accident where I wasn't even shaken up and my car wasn't damaged, not even a scratch. She showed me a small dent in the door of her car which I now am wondering if it was there before we hit. The impact was so slight there is no way she suffered physical and emotional damages.

If I do need outside counsel is there anyone out there who can help?

Thank you,

Patricia

I forgot to add my email address on the original post of this parking lot auto accident incident. It is pweems@mail.com

Auto Accident-Logging Truck VS. Mustang

JohnsGuns — Mon, 01 Jun 2009 13:36:49 GMT

great looking site

im hoping some of you might be able to give me your opinions.

last august, i was driving in burney california. i was in my completely restored 1967 ford mustang coupe. i was hit at 55mph by a fully loaded sierra pacific industries logging truck. the car was struck in the passenger side front quarter, and the car hung up and was actually DRAGGED by the side of the trailer for approx. 80ft . the driver of the logging truck fled the scene, but turned himself in about 3 hours later with his boss from the logging mill. he stated that he "did not see me" and that "he hadnt a clue that he had hit me" (which is in direct contradiction of what witnesses said. they stated the driver actually stuck his head out of the drivers side window and looked back at me,plus, i have several relatives that drive truck, as well as an uncle that owns a large trucking company, all state that from there experience, it would have been impossible for the driver to have NOT known that he had hit me). california highway patrol responded to the scene, and took a report, finding the driver 100% at fault for the accident under (CVC) 21658(A) which states "whenever any roadway has been divided into two or more clearly marked lanes,for traffic in one direction, the following rules apply :(a)a v ehicle shall be driven as nearly as practicle entirely within a single lane and shall not be moved from the lane until such movment can be made with reasonable safety"

BUT, the driver of the vehicle was not cited (more on that later)

the accident caused several thousand dollars wirth of damage to my classic car (of which i was fully covered, and my insurance paid the bill, to collect from sierra pacific later)

the CHP officer that responded to the accident came to my house later in the evening of the day of the accident. he told me the driver had turned himself in, and stated he didnt see me before he hit me (admitting guilt) and had found out later that the CHP was searching for a log truck that had hit and run a vehicle, checked his truck and found paint transfer ( sounds fishy doesnt it?) so he turned himself in. we live in a series of smaller mountain communities, so everyone pretty much knows everyone. the CHP, when i questioned him about the trucks driver ADMITTED TO ME IN FRONT OF WITNESS that he and the driver of the log truck had been friends for years and that he wouldnt site the driver as if he did, the driver would loose his drivers license and job and it would destroy his family. when i stated to the CHP officer that i would be sueing and that he would be compelled to come to court and tell the truth about his relationship with the driver of the semi, his exact words were "good luck, im retiring in two weeks, and moving to washington. i wont come back even under court order".

now,at the time of the accident, i was shaken up. i comlained to the CHP and the responding sheriff that i had pain in my upper back and neck. i didnt take an ambulance ride as i had to get my classic car towed and home. i went to the ER afterwards, and have had to make several other trips since. my left shoulder was also sore from the wreck, but i didnt think much of it at the time (you get hit by a loaded log truck at 55, and your GONNA be sore..lol)...well, over time, my shoulder would get better, then worse, then better, then worse, to the point i got up one morning and couldnt move my arm. i went to the dr, who stated that it was his opinion that my shoulder problems were in direct relation to the wreck, and that i had to see an orthopeadic specialist, who informed me that i have to have surgery (which im going in to have this morning) on the shoulder ( which i had a previous rotator cuff done on 22 + years ago. never bothered me since). no telling how long the recovery time will be from the surgery ( authroscopic) nor how much if any perm. disabilities ill have from it. i am a licensed hunting and fishing guide, and it is the beginning of my busy season, and i wont be able to take any of my clients out fishing. hunting season starts in september, and i may miss that too as i shoot left handed and the surgery is going to be on my left shoulder, the same shoulder i rest a rifle butt on to shoot. one other thing. i have some horendus nightmares about this wreck. if youve ever seen the horror movie "final destination 2" and the scene where the logging truck dumps a whole load of logs off of the back of his truck at about 55, you get the jist of what my dreams are like.(look for final destination 2 logging truck on youtube)

my question is this. there is absolutely no doubt who caused the accident, the driver admitted that he had hit me but "didnt see me or know it",my car has since been repaired,etc. i have a very good personal injury lawyer ( he got my wife $350,000 on a workers comp case in california), but we havent had the oprotunity to really discuss case worth yet. he does say that i will get a bundle, but doesnt say how much the bundle may be.

i know that its virtually impossible to gauge a case by a quick summary such as thins, but anyone have any ideas what sort of monetary value something like this has?.....sierra pacific industries is one of the largest logging companies out there, and have enough money that they are "self insured". they own/lease the majority of the forrests in california.

any ideas would be greatly appreciated

Personal Injury

mrsolo — Mon, 25 May 2009 17:22:10 GMT

Im inquring about a personal injury on my left hand, which i fractured three fingers with a miter saw. I was at job training program when this happened. I was there 10 days and did not have a safty class and was left by myself, when this occured.

Health Insurance Reimbursement

lizve — Sun, 24 May 2009 05:09:20 GMT

I recently had reconstructive knee surgery stemming from a fall at a department store. The store is completely liable and agreed to pay my claim at the end of my recovery. This week I received a letter from my personal Health Insurance Company telling me not to spend my settlement - since they are entitled to a full reimbursement of my medical expeses. I called the agency representing the health insurance company, and they stated if they did not receive payment from the department store they would ask me to reimburse them from my settlement. Is this correct? Why would they not sue the department store? I don't think it's fair for them to make me pay again for my medical coverage (including premiums, copays and deductibles)? Can someone give me advice on this situation?

Liability and ADA Issue...

delighted4 — Fri, 15 May 2009 02:32:54 GMT

Injured at work in CA (knee injury) and filed claim. Job directed me to go to Occupational Medicine at hospital in which I complied. Xray ordered and was good. Doctor there ordered me to go back to work. . However, I told the doctor that without a MRI there is no way to tell extent of damages. My knee however was visibly swollen and very painful. No wheelchair was ordered only a cane. Explained to Doctor that I had to walk 1/4 mile to get to the job(each way). Doctor did not do anything. On second visit I finally got an order for MRI. However, I was told that I could work. I feel that the constant long walk may have made my situation worse.

Requested that the job provide me reasonable accomodation with a wheelchair which they loan out to other's. I was denied and told that the program no longer exists. When I questioned about other's who were observed using the wheelchair, I was told they were covered under the old rules.

I did get an Work. Comp Attorney, but her assistant says they do not cover ADA issues. I am new to this. Please assist me.

Diagnosis: 3 tears to knee requiring surgery and extensive rehab.

Question: Is the Doctor liable? and did the job violate ADA by denying me a wheelchair?

What does "Recovery" mean when lawyer's advertisement

Glo Galvez — Wed, 13 May 2009 23:42:44 GMT

My father had a car accident. The police report states that he was not at fault. The car was totaled and my father lost consciosness briefly. He was rushed to hospital and stayed in emergency room for 3-4 hours. No major injuries reported. Sometime later, he received hospital bills for over $18,000.

He hired a lawyer advertised in the phone book "No Recovery, No fees". After about a year, the lawyer sends him a settlement note for $15,000 from my father's own insurance policy. Lawyer is charging $5,000.

From our point of view, the lawyer did not provide any services:

My father has ruined his credit history because the hospital has sent him to a collection agency and has a lien on his record.

$15,000 is the amount my father was covered for by his insurance, the other motorist supposedly was driving without permission from the lawful owner the vehicle.

My father is left owing $14,000 to the hospital plus had to incur the expense of buying another car, had to pay car rental and then when he run out money to rent the car he had to walk to work in 100F degree weather and scant public transportation for several weeks, suffering from back pains as the result of the accident.

Please share your experiences and knowledge regarding what does Recovery mean, and what exactly does it mean when a lawyer advertises "No Recovery, No fee".

thank you,

Injury from a hotel shuttle van (California)

eightsign — Thu, 07 May 2009 04:59:23 GMT

My father who is in his 70s was in a hotel shuttle in California. The driver slammed on the brakes to make stop to pick up passengers causing him and his motorized scooter to overturn injuring his hip, back, face, and breaking his glasses. The scooter was not situated properly in the van nor secured with straps. My father had recently had surgery and was in a cast for a different injury.

Any suggestions on strategy here? There was a very painful plane ride home, impact to a vacation, direct bodily injuries, and pain and suffering.

Any views on whether the actions of the driver are negligent or even grossly negligent? Might they be unlawful or in violation of regulations: not reporting accident with injuries, improper securing of scooter,and improper placement of scooter?

My initial reaction was that an executive from the hotel (its a major high end chain) would have called my parents profusely apologizing and offering up lifetime free stays and payment for bodily damages. Instead, no call from the hotel. Just an insurance adjuster offering to pay medical bills. While my preference is to come up with a viable settlement with the insurance company informally, I am starting to think we may need to engage with a personal injury attorney. Any words of wisdom?

my boss (ex-boss) HIT ME

preclous — Fri, 17 Apr 2009 10:44:05 GMT

Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplo... &lt;!-- /* Font Definitions */ @font-face {font-family:"Cambria Math"; panose-1:2 4 5 3 5 4 6 3 2 4; mso-font-charset:1; mso-generic-font-famil... mso-font-format:other; mso-font-pitch:variable; mso-font-signature:0 0 0 0 0 0;} @font-face {font-family:Calibri; panose-1:2 15 5 2 2 2 4 3 2 4; mso-font-charset:0; mso-generic-font-famil... mso-font-pitch:variable; mso-font-signature:-16... 1073750139 0 0 159 0;} /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-unhide:no; mso-style-qformat:yes; mso-style-parent:""; margin-top:0in; margin-right:0in; margin-bottom:10.0pt; margin-left:0in; line-height:115%; mso-pagination:widow-o... font-size:11.0pt; font-family:"Calibri",... mso-ascii-font-family:... mso-ascii-theme-font:m... mso-fareast-font-famil... mso-fareast-theme-font... mso-hansi-font-family:... mso-hansi-theme-font:m... mso-bidi-font-family:"... New Roman"; mso-bidi-theme-font:mi... p {mso-style-noshow:yes; mso-style-priority:99; mso-margin-top-alt:auto; margin-right:0in; mso-margin-bottom-alt:... margin-left:0in; mso-pagination:widow-o... font-size:12.0pt; font-family:"Times New Roman","serif"; mso-fareast-font-famil... New Roman";} .MsoChpDefault {mso-style-type:export... mso-default-props:yes; mso-ascii-font-family:... mso-ascii-theme-font:m... mso-fareast-font-famil... mso-fareast-theme-font... mso-hansi-font-family:... mso-hansi-theme-font:m... mso-bidi-font-family:"... New Roman"; mso-bidi-theme-font:mi... .MsoPapDefault {mso-style-type:export... margin-bottom:10.0pt; line-height:115%;} @page Section1 {size:8.5in 11.0in; margin:1.0in 1.0in 1.0in 1.0in; mso-header-margin:.5in; mso-footer-margin:.5in; mso-paper-source:0;} div.Section1 {page:Section1;} --&gt; /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-siz... mso-tstyle-colband-siz... mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top:0in; mso-para-margin-right:... mso-para-margin-bottom... mso-para-margin-left:0in; line-height:115%; mso-pagination:widow-o... font-size:11.0pt; font-family:"Calibri",... mso-ascii-font-family:... mso-ascii-theme-font:m... mso-fareast-font-famil... New Roman"; mso-fareast-theme-font... mso-hansi-font-family:... mso-hansi-theme-font:m... I've worked at this restaurant for a little over three months. My coworkers were very pleasant to work with, but unfortunately, the owner's wife, was a little on the abusive side-abusive as in with her verbal attack throughout the three months I've worked there.

I was constantly yelled at throughout my shift, in front of customers, and my coworkers.

Apparently, the wife felt that I was disrespecting her because I no longer put up with her verbal abuse towards the end of my third month. One day I simply ignored her yelling, and continued to work, until my shift ended.

A week later, the husband asked me to stay behind, after my shift, and informed me that he was firing me because I was only available to work three nights a week. He hired me knowing that I was unavailable to work no more than three days out of the week, but he stated that he was only keeping full time employees. However, majority of the employees at the restaurant, minus the cooks, are part timers. I knew the reason was invalid, but I accepted anyways, and he asked me to pick up my paycheck the following day, or he'll have one of my coworkers deliver it to me. I chose to pick it up and went in the following night.

Before I go on, I was never paid on time. Originally, their payroll system is supposed to generate the checks on the 5th and the 20th, but I was paid on a monthly basis. When I asked for my check, the owner's wife would ALWAYS verbally attack me by saying, "you don't have enough hours! You keep asking me for your check, but I'm just waiting so that you have enough hours to form a large check!"

Secondly, she never gave me pay stubs, which should include: total hour, pay period, and taxes taken out from my check.

Thirdly, we never got breaks! My normal weekend shift is from 5-10:40 ish, and on busy nights, we even closed at 11 P.M.

They also took out 10% from credit card tip transaction.

Two weeks prior to picking up my last paycheck, I asked the owners wife for the pay stub, and she told me that she'll give it to me later.

The day I picked up, I asked for the paystub, and she said that her CPA will send it to me at the end of the year. I didn't trust her to begin with, so I got up and grabbed a piece of paper, and wrote down my taxes from the hard copy she had.

After, I looked at her and asked if I can say one thing before leaving the restaurant. She then said, "What’s that?" So, I said, you should live a better life.

Mind you, I only said this because she has treated me along with the rest of the workers at the restaurant. Frankly, I didn't want to regret not saying anything to her because of all the stress I had to put up with for the last three months at the restaurant. She then got up from the table, and came literally to my face. I naturally got up, and put out my hand next to me, and told her to back off because she was getting too close to me. She then asked me again what I just said, so I repeated my statement to her. She came so close to me that I even had to smell her breath. She was going crazy, so I called her crazy. Her husband out of NO WHERE grabs me by my neck, literally choking me with one hand, and pushes me against the wooden table, hits me on my head two times, grabs my next AGAIN, and pushes me all over again. I lost my balance each time he hit me, and when he pushed me. Two of my male coworkers came to the rescue. However, the owner continued to follow me, threatening me, and that's when I pulled out my cell phone and called the cops.

With this type of case, no one in their right mind would be content with just settling for a small fee.

WHAT CAN I DO?

Typically, how much can I get?

I'm very upset now; sad at times, and honestly, my mood changes on a day to day basis.

Please advise.

Can they sue my parents if I get in an accident?

ERCPO — Thu, 19 Mar 2009 20:56:42 GMT

Hi,

I live in Los Angeles, California. I just graduated college. I just got a good job. I just bought a motorcycle (yes yes, death trap, I know).

Question: If I get in a motorcycle accident, and the person decides to sue me, can they in turn sue my parents?

I am over 18.

I live at my parents house.

I paid for the motorcycle and insurance in full and am the only person on both of them (ie my parents have nothing do with with either the motorcycle nor the insurance).

The only connection my parents have to the motorcycle, is that the motorcycle is mine, I am their son, and I live in their house.

My thought is that, because I am over 18, my parents are no longer legally responsible for my actions. My parents on the other hand, think that because I live in their house, and the motorcycle is at their house, that they could be sued if I got in an accident on my motorcycle.

Thank you very much,

- Eric

Non-profit club threatened with lawsuit by divorced parent

gettingby — Wed, 18 Mar 2009 22:02:47 GMT

I am a board member of a small club for a children's sport. We have the parents sign a release of liability form before their children are allowed to participate.

Recently a divorced mom signed her child up and she was the only one that signed the release. Two days later we received a threatening email from the father because he did not sign the release, and if anything happened to his daughter he would sue us individually and the organization.

Apparently this is a joint custody/high conflict divorce situation. He doesn't want daughter in the club because he doesn't want to be involved in it.

It really is an issue for either a counselor or the family court, but we are trying to get more information about what this means for us. We have never needed an attorney for the type of things we do in the club.

Our two choices are probably, ignore him, or kick the kid out. I think we are leaning to the latter, but I feel like we are being bullied by a jerk. Unfortunately, he probably has more resources than we do.

Any suggestions?

The Doctor violated my privacy

Masuda — Sat, 21 Feb 2009 01:21:49 GMT

I need to talk to attorny because the doctor has badly violated my privacy.

personal injury

preludemom — Fri, 13 Feb 2009 04:31:23 GMT

i was rear ended in a company truck.multiple sprains on back and neck etc...workers comp has paid all medical and so on...the guy that hit us insurance paid 25k and wc took 15k ,my attorney and i split the 10k.my own insurance i carry i have 100k/300k under insured,they want to offset from everything paid...out of 100k.how come the company truck insurance doesnt come into play anywhere?it seems like everyone gets paid but me...

pain, doctor cut too much

delta31 — Mon, 09 Feb 2009 17:57:40 GMT

i am a quadraplegic of 20 years who has the rectum removed in 2007 from bowel trouble.

i had a complication from the surgery with a stitch which my mom cut and left under the skin.

i went to a doctor to remove the stitch and he removed every bit of my scar out and did not sew it up. it was our plan to not sew things up but it was only suppose to be a small area. now i am having complications from where the wound healed. the skin is too tight in 2 places and this is causing conflicts in the skin and hurts very bad. i cannot get out of bed even.

this was a 3 inch wound and it was only suppose to be about a half inch. do i have a case to stand on because i am having trouble getting the wound corrected? no one will touch it. please advise if legal action is possible and what chances do i have?

statute of limitations of california and disabled persons

mrssue24 — Fri, 16 Jan 2009 04:26:48 GMT

I was wondering if anyone knew where I can find a California law, which states if you were going through terminal *** cancer treatments and was too ill to make the statute of limitations to file a personal injury lawsuit against an individual who slammed into my vehicle,and injured me while I was on my way to a doctors appointment. Are there any law provisions which can help me?

INSUFFICIENT HOURS FROM IHSS RESULTING DEATH OF ELDER MAN-

ymobile — Tue, 06 Jan 2009 08:01:39 GMT

I DESPERATELY NEED A GOOD ATTORNEY TO SEEK COMPENSATION FROM IHSS. BECAUSE THEY FAILED TO GIVE THE SUFFICIENT HOURS FOR A CARETAKER TO TAKE CARE MY FATHER WHO IS ON 24HRS OXYGEN, HE DIED FROM AN ACCIDENT GIVING US WHOLE FAMILY DEVASTATED LIFE AND SITUATIONS NOW. I BLAMED THEM FOR POOR JUDGEMENT AND ASSESSMENT BY THEIR NON-MEDICAL SOCIAL WORKER. NEED HELPS ASAP PLEASE

slander

fish90 — Mon, 22 Dec 2008 22:30:22 GMT

You are at a night club and is on a subtance. You walk through an exit door to a balcony area. The doorway is usually crowded with people. You put a your hand on the person in front of you's shoulder. After walking a few steps passed the door, the woman in front of you goes right. You go left. At some point after walking a few steps passed the door, a woman yells "That's sexual assault!!!!" She yells it for everyone to hear. There were 30-50 people on the balcony. The music was loud. But it wasn't loud enough to prevent normal conversation tone between two people on the balcony. You know the owners of this event. You know regulars of this event. Can you sue the woman who yelled the words for slander within the grace period? What is the grace period?