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George Tait
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George Tait’s Answers

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  • Neighbors dog grabbed our dog through the fence and caused our dog to have multiple surgeries

    we asked our neighbors for help with the vet bills and they slammed the door in our face

    George’s Answer

    All dogs in Utah are considered property. You would have to prove that the neighbor was somehow negligent in keeping his dog and/or you were not negligent in the keeping of your dog. If the total reimbursement you are seeking is less than $10,000 small claims would be a good way to go.

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  • Can I sue my oral surgeon even if I signed a waiver for nerve damage?

    I got my wisdom teeth out last week, the surgeon assured me everything went good. He didn't hit any nerves. I called the next day cause I was still numb and he gave me some steroids. I went to see him today 5 day after surgery and he tells me, oh ...

    George’s Answer

    You may or may not have a case. The doctor is correct in that injury to the lingual nerve can repair itself however the chance of spontaneous repair decreases with time i.e. the longer there are no signs of recovery the less the chances of recovery. The surgeon should be doing serial mapping of the desensitized area and ultimately, around six months, if there is no improvement you may be a candidate for lingual nerve repair. As far as a case goes you would have to prove that the surgeon negligently performed the surgery. In order to prove this you will need a second opinion ASAP and a cone bean CT and/or an MRI showing violation or breach of the lingual nerve. Oral surgeons perform this surgery by strictly avoiding the area of the lingual nerve.

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  • Can I sue my university for failure to follow graduation policy and emotional distress?

    I was scheduled to graduate on May 8, 2015 with my BS in Elementary Ed. I met with the chair of the education department and 2 other professors on May 5th. They told me that I did not meet the graduation requirements. They referenced a student h...

    George’s Answer

    Well yes - anyone can sue anyone - the real question is do you have a viable case i.e. what is the liklihood of winning. If I understand your question correctly your chair said your grades were not high enough to graduate and you later found out they were high enough. I presume that the later graduated but in the interim it cost you a teaching position.

    In order to recover for emotional harm in Utah you must show by independent corroborating evidence that you did in fact suffer emotional harm that was different from any preexisting emotional condition. This would usually require examination and testimony from a psychologist and/or a psychiatrist. As far as the lost position goes there is a responsibility on your part to minimize the harm and find another position ASAP.

    In the final evaluation to determine if the case is feasible you need to calculate the total harms against the cost of prosecuting the case. Whether you have a case depends upon the final evaluation pitting costs against potential reward.

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  • Is it possible to amend a complaint to include a civil Tort, when direct evidence of fraud is found via discovery?

    The general question: Is it possible to add tort claims to a complaint, when direct evidence of the tort is found during the discovery period (and not time-barred). For example: If emails and memos are provided during discovery, and it outlin...

    George’s Answer

    Sure - make a motion to the court seeking approval to amend complaint based on newly discovered evidence. You should first ask defense counsel if they will stipulate to the amended complaint but they probably will not. In the motion make your argument and attach as an exhibit your proposed amended complaint.

    If you are pro se i.e. representing yourself the Court will in all likelihood allow your to amend.

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  • My 17 Year old son was Injured on the Job. Has a bad knee injury have already seen 2 doctors and had a M.R.I.

    He was told he was being payed under the table . I did not know he was being payed this way. They have told us to go through are insurance and they will take care of it. I don't trust this. He will be unable to walk for a minimum of 7 to 8 weeks. ...

    George’s Answer

    Ordinarily the employer should have workers compensation insurance. Workers compensation insurance is required by law and is the exclusive remedy for employees injured on the job. In your case it sounds like your boy was employed by an employer who chose to violate the law by not having workers comp insurance. If this is the case you will have to sue the employer directly to recover.

    We offer free consultations and would be happy to speak with you and your boy.

    You are right to be concerned about other young employees.

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  • Can I be responsible for a motorcycle wreck if the man says my dog caused it?

    on april 19, 2015 a man came up to my house claiming that my dog ran out in the road and caused him to wreck his bike and was also claiming that my dogs were nipping at him and or his leathers he said he would put my dogs down if they bit him and...

    George’s Answer

    Yes - you can be held responsible if your dog ran out and caused the crash. The burden will be on the rider to prove that your dog caused the crash. As far as the animal control hearing goes that is a municipal affair - there will be a hearing about your control of your dog and a citation may follow if you are in fact found to have let your dog roam free in the neighborhood. You have done what you need to do by contacting your insurance company. Make sure your insurer knows about the animal control hearing - they have a responsibility to defend you but the extent of their responsibility to defend you will be dictated by the terms of the contract you have with your insurer.

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  • What type of attorney do I need for invasion of privacy?

    Ewww. I just discovered my landlords have been filming us (without out knowledge or consent) since we moved into our home July 2014. I went into what I thought was an empty storage room and found a video monitor showing live streaming video camer...

    George’s Answer

    The act of your landlord is despicable and certainly recoverable in court. Furthermore, this crime needs to be reported to the police ASAP. If he was filming you and he has many rental properties he is probably filming others and needs to be stopped. You did not say whether you have notified the landlord of your discovery and if not you need to notify the police and/or have an attorney there to make sure they obtain all evidence. If the landlord engaged in destination of video that is another crime. Money damages would be sought for the invasion of your privacy.

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  • What liability does a bar owner or who he employees have to protect their patrons from being assaulted by another patron ?

    We were at the bar when 2 men started an altercation with my fiancé The door guy (who was outside with us) did nothing to attempt to stop it. After my fiancé was assaulted I ran inside and yelled at the bartender to call the cops. She wouldn't....

    George’s Answer

    There is a responsibility on the owner of the bar to provide reasonable security for patrons. This may be a case but the devil of course is in the details. It depends,to a great extent, upon the injuries sustained by your fiancé and the evidence that can be gathered against the persons who assaulted him and the owner of the bar. This type of case is generally referred to as a premises liability case because the incident occurred on the premises of an establishment.

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  • How do I challenge the constitutionality of a law?

    I tried to give a constitutional defense in a municipal court, but the judge said that wasn't the venue, and didn't even allow me to make my argument. I've appealed, and have an upcoming trial de novo in a district court. What's the procedur...

    George’s Answer

    There are also other requirements - usually for constitutional issues and challenges to existing law you are required to put the AG's office on notice - there are also certain briefing prerequisites that should be observed. It is difficult to overcome the assumed constitutionality of any given statutory law.

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  • How do I get a judge to rule on some motions? Do I need to request a hearing?

    I've filed some motions such as a motion to compel discovery and production of privilege log. Do I just wait for a judge to do something or do I need to ask for a hearing to get the motions addressed?

    George’s Answer

    • Selected as best answer

    Once all of the briefing is done i.e. original motion - opposition - reply - either party can file what is called a Request to submit for decision - see Rule 7 of the Utah Rules of Civil Procedure here:
    http://www.utcourts.gov/resources/rules/urcp/
    Be careful, if you want oral argument on the motion you must ask for it in the request.

    Good luck!

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