Should municipal liability caps be higher?
Plaintiffs’ attorneys contend that current statutory limits are too low to adequately compensate victims killed or seriously injured as a result of negligence on the part of city employees. Last December’s tragedy at the Holidazzle parade in Minneapolis was only the latest in a series of accidents that have given some in the plaintiffs’ bar…
Successfully settling a pre-existing injury case
It can be difficult for a plaintiff to settle a personal-injury action if the plaintiff had pre-existing injuries. The defense will undoubtedly maintain the injuries that the plaintiff is seeking were not caused by the defendant. However, despite the difficulties in proving causation, a significant recovery is possible — as evidenced by a recent $85,000…
Minneapolis moving closer to decision on gun lawsuit
Case could set precedent for suits by individuals Minneapolis may come one step closer this week to deciding whether to file a lawsuit against the gun industry, according to city officials. An aide to Minneapolis Mayor Sharon Sayles Belton said that the mayor is waiting to receive a recommendation from the City Attorney’s Office on…
Peter Riley Receives National Certification as a Civil Trial Specialist
Minneapolis, MN (February 5, 1999) – The law firm of Schwebel, Goetz & Sieben, P.A. is pleased to announce that Peter W. Riley Esq., has been certified by the National Board of Trial Advocacy (NBTA) as a Civil Trial Specialist. The NBTA, a nonprofit organization founded in 1977, was created in the public interest to…
Buyer Beware
Successor Companies Can Be Strictly Liable For Defective Products Manufactured By Predecessors In this age of corporate mergers, takeovers and acquisitions, a company purchasing the assets of another needs to know exactly what it is buying into, especially if it is acquiring a company that manufactures a product. As the state court of appeal in…
“Minnesota No-Fault: Uninsured and Underinsured Motorist Law”
Article Co-Editor: Peter W. RileyArticle Editor: James R. Schwebel
“Low Speed Impacts: Does No Property Damage = No Injuries?”
Article Author: Paul E. Godlewski Introduction Lawyers representing injured victims of automobile collisions continued to encounter the use by the insurance industry and the defense bar in no fault and liability claims of "experts" to "prove" that the victim could not have been injured in the accident because the speed of the impact was "too…
The Scope of Minnesota’s New Subrogation Law is Broader Than You Think
On May 24, 1995 Governor Carlson signed into law House File No. 96, to appear at Minnesota Statutes Sections 62A.095 and 62A.096. The bill codifies Minnesota s subrogation law with regard to health insurers and other health plans. It represents a statutory return to the rule of Westendorf v. Stasson:1 Subrogation will not be allowed…
Schwebel, Goetz & Sieben Add Two New Prominent Trial Attorneys
Minneapolis, MN – November 13, 1996 – Schwebel, Goetz & Sieben today announced that William E. Jepsen and Leo M. Daly have joined the firm. Jepsen and Daly will both focuses their practice on personal injury, product liability, and medical malpractice. Bill Jepsen started his practice of personal injury litigation on Main Street in Stillwater,…
“Effective Use Of The Law Of Juror Selection”
Article Author: Peter W. Riley MTLA Magazine, Fall 1996 By: Peter W. Riley Experienced trial lawyers recognize the critical importance of attorney-conducted voir dire in assuring the fair trial of civil actions. While much has been written about the style of inquiry on voir dire, many attorneys have little concept, beyond a vague notion that…
WHY ARE SAFETY REGULATIONS REQUIRED?
FACTORS THAT AFFECT FATIGUE IN HEAVY TRUCK ACCIDENTS VOLUME 1: ANALYSIS NTSB Number: SS-95/01 NTIS Number: PB95-917001 SYNOPSIS The Safety Board analysis of Fatal Accident Reporting System (FARS) data indicates that in 1993 there were 3,311 heavy trucks involved in 3,169 fatal accidents, in which 3,783 persons died (432 were occupants of the heavy…
“Bad Faith-General Principles and Plaintiff’s Perspective”
Article Author: Peter W. Riley
Railroads are killing people
As a courtroom litigator I have litigated many cases against the railroad industry, one of the leading causes of injury and wrongful death. In 1990, according to statistics from the Federal Railroad Administration’s Safety Division, there were 23,140 injuries and 1,297 fatalities. In Ohio, 77 people were killed and 881 injured during this same period….
“The Defense of Joint and Several Liability”
Article Authors: William E. Jepsen, William R. Sieben