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

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

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.

Food and Drug Administration has ordered all producers of “metal-on-metal” artificial hips to commence studies of the implants, which have been linked to high early failure rates.  The order was directed to 21 manufacturers of “metal-on-metal” hip devices.  Manufacturers will be required to submit a research protocol to the FDA that addresses specific safety issues related to these devices. Data from the studies conducted will enable the FDA to better understand these devices and their

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