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Questions Answered by John O'Brien

2 Answers | Asked in Personal Injury for California on

Q: I was at Disney Land and a woman in a scooter ran over my foot.

Am I able to sue her for my injuries if she didn't do it on purpose?

John O'Brien answered on Oct 10, 2016

Every person in California has a duty to use reasonable care to prevent harm to others. The failure to use reasonable care is negligence. In answer to your question, yes you can pursue a negligence claim against the person who ran over your foot if that person failed to use reasonable care.... Read more »

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2 Answers | Asked in Personal Injury, Civil Litigation, Libel & Slander and White Collar Crime for California on

Q: May a Judge in jury trial suddenly dismiss my case because HE DECIDED defendants' behavior "was not outrageous enough"?

Defendant bank conspired with my estranged wife to get me to lie on loan/refi app, stating I was living in our jointly-owned home when I was not. Haven't for years. And more. Then, when I refused, they lied to her and, more importantly, to my two daughters, telling them I was to blame for them... Read more »

John O'Brien answered on Oct 10, 2016

Intentional infliction of emotional distress requires an element of extreme and outrageous conduct, usually a question of fact for a jury. However, if there are no disputed issues of fact, a judge can decide as a matter of law that the conduct complained of does not rise to the level of extreme... Read more »

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2 Answers | Asked in Personal Injury for California on

Q: I fell into an unmarked trench on private property 3 days ago, and was misdiagnosed at one hospital, as being a sprain,

the first hosapital i went to told me it was only a sprain and sent me home with a ice and an ace bandage. i was very poorly treated too. S knowing it was worse i went to another hospital hospital where they said it was a very bad and very rare dislocation and they would have to probably go in... Read more »

John O'Brien answered on Oct 6, 2016

The homeowner may bear some responsibility for your injury but I would need to know more facts before giving you a definitive answer. How big was the trench? Why didn't you see it? Was this at night? Not well marked? Why was there a trench on the property? Why were you on the property? And... Read more »

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1 Answer | Asked in Personal Injury for California on

Q: In a LASC PI lawsuit, can Pl. withdraw their own 998 after giving Defendant verbal extension to accept/deny? If so, how?

John O'Brien answered on Sep 28, 2016

A CCP section 998 offer to settle is just like any other written contractual offer. Even if you have extended the time for the defendant to respond, you may withdraw the offer any time before it is accepted. In order to be effective the withdrawal of the offer should be communicated in writing... Read more »

3 Answers | Asked in Personal Injury and Medical Malpractice for California on

Q: A Doctor placed a heart catheter in the wrong way in October of 2015. not aware of until April 2016. what can i do?

I almost died

John O'Brien answered on Sep 28, 2016

You need to consult with a medical malpractice attorney immediately so that your right to sue is not lost due to the passage of time. The statute of limitations for medical negligence in California is governed by CCP section 340.5 which states that the commencement of an action shall be three... Read more »

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