David and Linda Kubert are suing Shannon Colonna for sending text messages to her friend Kyle Best while he was driving this according to the New York Daily News.  This is a tragic accident where both David and Linda Kubert lost their left legs in the auto/motorcycle accident.  The Kuberts were riding a motorcycle when Kyle Best slammed into the motorcycle.   At the time of the accident, it is alleged that Best was reading or

The Utah Personal Injury Attorney James Esparza reminds pedestrians who use Utah Transit Authority Trax or FrontRunner Trains to exercise caution.  Before you cross railroad tracks or enter a platform for Trax or FrontRunner: look both ways put you phone down get off your bike hold small children by the hand only walk in designated areas Remember there is a $100.00 fine for trespassing on UTA railways.

In Lopez v United Auto Insurance Company, 12 Utah 10, the Utah Supreme Court faced the issue of what constitutes a “reasonable explanation” of underinsured motorist (UIM) coverage under section 31A-22-305.3 of the Utah Code (UIM Statute). The facts of the case are undisputed.  Miriam Sanchez purchased auto insurance liability policy from United Auto Insurance, selecting uninsured motorist coverage equal to her bodily injury liability limits of $25,000, but rejecting underinsured motorist coverage by signing

One of the best ways to assist your Salt Lake City Accident Attorney in building a personal injury case is to start keeping notes in the form of a diary of how the injuries have affected your life.  We refer to it as a personal injury diary.  You may want to chronicle your normal days, from the time you wake up to the time you go to bed at night, and explain how the incident

With the proliferation of social media, and with many wanting to share their lives with the outside world the consequences of Facebook postings for personal injury litigation is substantial. For instance, a person involved in an auto accident sustains a broken femur.  Several weeks after the accident and surgery to repair the femur, the client goes out to a night club with friends.  Pictures are taken and subsequently posted on Facebook. Investigators for defense counsel

On July 13, 2011, the Food and Drug Administration (FDA) issued a warning to patients and their healthcare providers to consider alternatives to transvaginal mesh (TVM). ”There are clear risks associated with the transvaginal placement of mesh to treat POP,” said William Maisel, M.D., M.P.H., deputy director and chief scientist of the FDA’s Center for Devices and Radiological Health. “The FDA is asking surgeons to carefully consider all other treatment options and to make sure

The James Esparza Law Firm wants all motorists and cyclist to know about the Road Respect Tour.  In order to encourage safe cycling and to promote the Road Respect message throughout the State Of Utah, The Utah Department of Transportation, Zero Fatalities and the Department of Public Safety will be sponsoring the first-ever Road Respect Tour, a bike ride across Utah. Beginning in Logan, Utah on June 13 and ending in Hurricane, Utah on June

According to the State of Utah in an average year in Utah, 6 bicyclists are killed and nearly 850 are involved in crashes with motor vehicles. Nearly 60% of bicyclists involved in a bicycle/motor vehicle crash are younger than 20 years of age and more than three-fourths (79%) are male (Violence and Injury Prevention Program, UDOH). For the years 1996-2005, Utah had the 15th highest bicycle fatality rate in the nation (National Highway Traffic Safety

Once again the issue of how implant devices are selected for insertion into patients is analyzed in a recent New York Times article, Sales Tactics on Implants Raises Doubts.  The article focused on how Biotronick, a manufacturer of pacemakers and defibrillators, created sham medical studies and consultancy arrangements as a means to funnel money to doctors to increase sales of Biotronick medical devices. According to the New York Times article, Biotronick developed financial relationship with

Bloomberg reports that Pfizer has set aside $772 million to settle all remaining claims related to the drug Prempro, which Pfizer acquired in the acquisition of Wyeth in 2009.  Pfizer acknowledges that the final amount could go higher. “The decision to settle cases reflects a business decision by the company to avoid the cost and distraction of prolonged litigation,” Chris Loder, a Pfizer spokesman, said in an e-mailed statement. This development could be good news