dhadmin

About dhadmin

This author has not yet filled in any details.
So far dhadmin has created 39 blog entries.

Guidance Provided Regarding Government Entity Obligations Under Title II of the ADA To Provide Curb Ramps Upon Resurfacing Of Existing Streets, Roads and Highways

2013-07-17T13:45:37+00:00

Under Title II of the Americans With Disabilities Act, a public entity must install curb ramps where street level pedestrian walkways cross curbs  when a street, highway or roadway is altered.  Alterations include reconstruction, rehabilitation, resurfacing, widening and similar projects.  Maintenance activities are not considered alterations.  Over the past few years, state and local governments [...]

Guidance Provided Regarding Government Entity Obligations Under Title II of the ADA To Provide Curb Ramps Upon Resurfacing Of Existing Streets, Roads and Highways2013-07-17T13:45:37+00:00

Successive CCP 998 Offers: Which One Trumps?

2013-07-03T22:16:52+00:00

Raymond Martinez, et al. v. Brownco Construction Company, Inc. Filed June 10, 2013 California Code of Civil Procedure Section 998 provides that if a settlement offer made by a plaintiff is not accepted, and the defendant fails to obtain a more favorable judgment or award in any action or proceeding, the court or arbitrator, in [...]

Successive CCP 998 Offers: Which One Trumps?2013-07-03T22:16:52+00:00

Corenbaum v. Lampkin: Court of Appeal Slams the Howell Door on Personal Injury Plaintiffs

2013-05-03T01:00:44+00:00

The Court of Appeal, Second Appellate District, Division Three filed its decision in Corenbaum v. Lampkin, B236227, on April 30, 2013. The decision dealt personal injury plaintiffs a serious blow, closing the door on two potential openings left by the Supreme Court's Howell v Hamilton Meats case. In Howell, the Supreme Court limited personal injury [...]

Corenbaum v. Lampkin: Court of Appeal Slams the Howell Door on Personal Injury Plaintiffs2013-05-03T01:00:44+00:00

US Supreme Court Limits Warrantless Forced Blood Draw in DUI Investigations

2013-04-17T20:19:16+00:00

April 17, 2013.  Missouri v. McNeely.  Mr. McNeely was stopped by a Missouri police officer for speeding and crossing the centerline. After declining to take a breath test to measure his blood alcohol concentration (BAC), he was arrested and taken to a nearby hospital for blood testing.  The officer never attempted to secure a search [...]

US Supreme Court Limits Warrantless Forced Blood Draw in DUI Investigations2013-04-17T20:19:16+00:00

Daley & Heft’s Landmark Knight v. Jewett Decision Expanded by California Supreme Court in Bumper Car Case

2013-04-17T00:47:47+00:00

December 31, 2012.  In Nalwa v. Cedar Fair (2012) 55 Cal.4th 1148, the California Supreme Court held that the primary assumption of risk doctrine (originally expressed in Daley & Heft's Knight v. Jewett decision) applies to bumper car collisions, regardless of whether or not one deems bumper cars a "sport." Plaintiff was a patron who fractured [...]

Daley & Heft’s Landmark Knight v. Jewett Decision Expanded by California Supreme Court in Bumper Car Case2013-04-17T00:47:47+00:00

California Supreme Court Grants Review in Primary Assumption of Risk Case

2013-04-16T23:59:12+00:00

April 10, 2013.  In Gregory v. Cott (2013) Cal.App.4th 41 (rev. granted 4/10, S209125)Gregory, an in-home caregiver for an Alzheimer’s patient was injured when the patient lunged at her.  The Second Appellate District, Division Five, upheld the trial court’s conclusion that primary assumption of the risk barred a caregiver’s claims for injuries against the patient and [...]

California Supreme Court Grants Review in Primary Assumption of Risk Case2013-04-16T23:59:12+00:00

Daley & Heft partner Lee Roistacher discusses Supreme Court’s decision to grant review in public entity dangerous condition case

2013-04-04T22:34:37+00:00

The California Suptreme Court has decided to review an important issue relating to the scope of a public entity's liability for conditions of property.  Should a public entity be liable for injuries when a drunk driver runs another driver off the road and into a tree under a theory that the tree was too close [...]

Daley & Heft partner Lee Roistacher discusses Supreme Court’s decision to grant review in public entity dangerous condition case2013-04-04T22:34:37+00:00

Daley & Heft Wins Appeal for City of El Cajon in Dangerous Condition Case

2013-04-03T19:00:52+00:00

March 28, 2013.  The Court of Appeal, Fourth Appellate District, issued its unpublished opinion affirming the trial court’s granting of the City of El Cajon’s summary judgment in a very serious brain injury case.  In 2008, plaintiff James Cox was riding his bicycle at 10:00pm eastbound on El Cajon Boulevard, approaching the westbound I-8 onramp [...]

Daley & Heft Wins Appeal for City of El Cajon in Dangerous Condition Case2013-04-03T19:00:52+00:00

Seven Daley & Heft Lawyers Named San Diego’s Top Lawyers for 2013

2013-03-31T19:16:30+00:00

San Diego magazine has named seven of Daley & Heft’s lawyers as among San Diego’s top lawyers in its March 2013 edition.  To create its list of top lawyers, San Diego Magazine identified lawyers who have been rated by their peers to be AV Preeminent®, the highest Peer Review Rating™ available.  This is quite an [...]

Seven Daley & Heft Lawyers Named San Diego’s Top Lawyers for 20132013-03-31T19:16:30+00:00