Coverage unavailable for deaths in home garage
Survivors of a man who died accidentally of carbon monoxide poisoning while in his vehicle in his garage were not eligible for no-fault benefits where they were unable to prove that the decedent’s use of the vehicle was consistent with motoring, the Court of Appeals has ruled. The man and a relative were found unconscious…
Wild Thing’s brakes to be scrutinized
Valleyfair, the ride’s manufacturer and outside engineers will try to find the cause of Sunday’s accident that injured 15 riders. It is expected to take days. Giant brake pads were slowing Valleyfair’s Wild Thing roller coaster when the last of its six cars broke away and lurched to a tilt, sending 15 riders to the…
Lawyers closely watch proposed med-mal reform legislation
Medical-malpractice lawyers across the state are keeping an eye on proposed state legislation that would limit damage awards for injured plaintiffs. A House panel earlier this month approved of several bills that would implement caps on noneconomic and punitive damage awards in medical-malpractice lawsuits. Plaintiffs’ attorney fees would also be capped under the legislation. Some…
Lawyers discuss their practices for checking expert qualifications
Qualified expert witnesses are an important part of many legal matters, often making or breaking a case. But how far do attorneys have to go to make sure their experts have the qualifications their résumés say they have? It’s a question a lot of lawyers in the state may be pondering after a recent expert…
Legislative efforts at no-fault change dealt a setback
Efforts to repeal or modify Minnesota’s automobile no-fault insurance system were dealt a setback March 2 after a hearing in the Senate Commerce Committee. A bill sponsored by Sen. Geoff Michel, R-Edina, to repeal the no-fault system was defeated on a 10-6 vote, and a bill to modify the no-fault system sponsored by Commerce Committee…
Peter W. Riley: Attorney of the Year 2004
Born: May 27, 1952; Minneapolis Education: University of Minnesota Law School, J.D., 1977; Williams College, B.A. (Economics, Psychology), 1974 Employment: Attorney/shareholder, Schwebel, Geotz & Sieben, 1991-present; attorney, Deparcq, Hunegs, Stone & Koenig, 1977-91 Professional Activities (highlights): Minnesota State Bar Association; Hennepin County Bar Association; Association of Trial Lawyers of America; Minnesota Trial Lawyers Association; American…
Minnesota Supreme Court rules dog bite victims can sue for damages from police dogs
The Minnesota Supreme Court reversed a decision by the state Court of Appeals allowing dog bite victims to sue for damages from police dogs. Despite the ruling, the high court sent a lawsuit against the Anoka Police Department back to the appeals court to decide the city’s claim that it is immune from such lawsuits…
“Do I have a malpractice case?”
We frequently receive inquires from individuals concerned about the quality of the medical care they’ve received. At the outset, it is important to realize that medical malpractice cases invariably are complex and challenging. This article will discuss the elements of a medical malpractice claim and the issues that frequently arise. It will begin with a…
“Medical Payments Coverage”
If a person is injured while on another’s premises, such as a business, home, or apartment complex, many policies covering the building or home will contain “medical payments” coverage. While each policy will vary somewhat, coverage generally will provide payment, without regard to whose fault the injury was, for medical bills to treat injuries suffered…
Lawyers decry being targeted in political ads
Plaintiffs’ personal injury lawyers are feeling a little defensive these days, seeing themselves under attack in political campaigns nationally and in Minnesota where some campaign ads have made “taking money from trial lawyers” into a ground for attack. Tort reform, particularly damage caps, is the issue, but trial lawyers themselves appear to be the target…
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Five SG&S Attorneys Named Best Lawyers in America
Minneapolis, MN – Five attorneys at the personal injury law firm of Schwebel, Goetz & Sieben, P.A. have been selected among “The Best Lawyers in America” as published by Woodward/White, Inc.’s Best Lawyers in America 2005-2006. The following Schwebel, Goetz & Sieben, Minnesota attorneys have been elected by their peers to this exclusive group: James…
20 Tips to Help Prevent Medical Errors in Children
Medical errors are one of the Nation’s leading causes of death and injury. Rates of medication errors and adverse drug events for hospitalized children were comparable to rates for hospitalized adults in a 2001 study in the Journal of the American Medical Association. However, the rate for potential adverse drug events was three times higher…
Protecting Against Negligence Suits
All homeowners dread being sued by someone injured on their property due to negligence. Here are protective measures recommended by James Schwebel, a leading Minneapolis personal injury attorney: Open an umbrella. Umbrella liability coverage is available through your homeowner’s or auto policy, and protects your assets against successful suits following injuries and damage on or…
“Health Plan Contract Discount: Plaintiff’s Benefit or Defendant’s Windfall?”
Article Author: Peter W. Riley Author: Peter W. Riley MTLA Magazine, Summer 2004 Introduction The Scene: The deposition of plaintiff’s treating doctor The Players: Yours truly and an experienced defense attorney The Script: Riley: At this time we would offer Plaintiff’s Exhibit 27, the itemized medical expenses. Defense Counsel: I will stipulate that the amount…
Attorneys offer their thoughts on using day-in-the-life videos
A picture is worth a thousand words — especially in the case of a critically injured person who is trying to make others understand what a day in his or her life is like. Videos outlining a day in the life of an injured party have been around for years. Plaintiffs’ attorneys say that they…
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SG&S Attorneys named Super Lawyer
MINNEAPOLIS (JUNE 1,2004) Seven attorneys from the law firm of Schwebel, Goetz & Sieben, P.A. have been named “Minnesota’s Top 40 Personal Injury Lawyers” by Minnesota Law & Politics Magazine. The 2004 “Minnesota’s Top 40 Personal Injury Lawyer” survey was published in the June/July edition of Minnesota Law & Politics Magazine. Over 18,000 ballots were…
Health Care: Hospital Horrors
In 1999 the Institute of Medicine announced that as many as 98,000 Americans die every year from medical errors. Shocking as that revelation was, now it seems the estimate may have been low. A new study due out this week finds that the number of preventable patient deaths in hospitals is actually twice as high….
“Minnesota No-Fault, Comprehensive or Collisions Damage Automobile Insurance Arbitration Rules”
Minnesota No-Fault, Comprehensive or Collisions Damage Automobile Insurance Arbitration Rules Amended and Effective July 1, 2004 Rule 1. 1. The purpose of the Minnesota no-fault arbitration system is to promote the orderly and efficient administration of justice in this State. To this end, the Court, pursuant to Minn. Stat. ¤65B.525 and in the exercise of…
“President’s Page”
Article Author: Peter W. Riley Since this is my final column as MTLA president, I want to take a moment to reflect back over the last year. When I assumed the presidency at the 2003 convention, I identified three principal goals that I hoped we would accomplish over the next year: 1) Returning the Association…
“President’s Page”
Article Author: Peter W. Riley MTLA Magazine- Summer 2004 By Peter W. Riley Since this is my final column as MTLA president, I want to take a moment to reflect back over the last year. When I assumed the presidency at the 2003 convention, I identified three principal goals that I hoped we would accomplish over the…