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

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

H.R. 5 would impose a limit of $250,000.00 on non-economic damages passed through the U.S. House Energy and Commerce Committee on May 10, 2011, in a 30-20 vote.  The vote was mostly along party lines.  A full House vote has not been scheduled and the bill will likely face opposition in the United States Senate. The American Bar Association opposed the bill while the American Medical Association and the American Hospital Association supported the bill.

Pfizer’s first-quart report included a charge of $472 million primarily to cover settlements and potential future liabilities in the long-running product liability litigation surrounding Pfizer’s hormone-replacement therapies including Prempro. A spokesman said the company plans to continue its strategy of defending itself against lawsuits and striking settlements when appropriate.  Presently, approximately more than 8,000 cases have been filed in this litigation.  The vast majority of the claims involve women who developed breast cancer after using

Slip and fall accidents can have a major impact on a person’s life.  The injury can hamper a person’s career, impair the ability to pursue hobbies and leave the person with substantial medical expenses. For example, the James Esparza Law Firm resolved a case for a client who sustained a fracture of the talus that required surgery.  Our client was a baby sitter and was scheduled to be at the home where she was to