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John Kemmerer Ivey

John Ivey’s Answers

15 total


  • ANY SUGGESTIONS?? I AM OUT SICK FROM WORK FOR OVER A MON. BRONCHITIS,INTO WHOOPING COUGH THEN BROKEN RIB FROM.COUGHING....

    John’s Answer

    Your question presents issues in two different areas of the law.

    Your situation with your employer under the FMLA is a labor law question, and should be presented to a labor/employment attorney in your area. Generally speaking, eligible employees are only entitled to take up to 12 workweeks of FMLA leave in a 12-month period. That *may* be the reason you are no longer protected. (Your question says leave started in 2014. I assume that is a typo). Please consult with a qualified professional immediately.

    The second issue, of course, is the medical negligence that disabled your husband. You should speak with a personal injury specialist who does medical malpractice law immediately. There is a two year statute of limitations under New Jersey law. There may also be notice and other requirements.

    I wish you and your husband the very best.

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  • My son was in a MVA with injuries to the other party. There was a lapse in insur and my husbands license was suspended.

    John’s Answer

    To answer your question briefly, yes, filing for a personal bankruptcy can discharge a personal injury judgment. If your home was repossessed, and you have other debts, this would be the easiest and cleanest solution to your financial problems. Bankruptcy would not help your husband get his drivers license back. That is governed by the criminal code of your jurisdiction. You should consult with a local criminal lawyer, or the department of motor vehicles, to find out what steps must be taken to have the license reinstated.

    Because the personal entry judgment was entered without service or notice, you do have a right to file a motion for new trial, or a bill of review, depending on the age of the judgment. Typically, the motion or bill must be filed within 30 days of learning of the judgment. Please consult with a local attorney to see what your options are in this regard.

    I wish you and your husband the very best.

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  • CA pedestrian killed. unmarried w/ kids. Insurance offering policy limit. Problem: not listed as dad 4 1kid on birth certificate

    John’s Answer

    A paternity action may be filed posthumously to establish the paternity of a child with a deceased parent, thereby establishing the child's right to bring a wrongful death claim. I have done this on numerous occasions for my clients. Please consult with an experienced personal injury lawyer, and a probate specialist. Many times, an insurance company will accept an "affidavit of heirship" to establish who is entitled to recover under these circumstances. If you are having a minor's compromise hearing, it is probably wiser to cross your t's and dot you i's. Good luck.

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  • My husband was in a accident 11/14 he is seriously injured the driver had no bodily injury an we sue the driver or the state ?

    John’s Answer

    • Selected as best answer

    Please get a second opinion from an experienced lawyer. In addition to claims against the other driver, there may be a products liability case against the manufacturer of the vehicle (where there failed lights? faulty brakes? airbag deployment? seat belts?), or a third party (intoxication of the other driver, negligent entrustment of the vehicle by a third party? was he working for someone else at the time of the collision?), or claims against the state or local municipality (faulty traffic control? signage? faulty guardrails or bridge abutments?). As you can see, there are a myriad of issues presented in a serious automobile accident, other than just "did the other driver have insurance"? I wish you and your husband the very best. Find an experienced lawyer who can think outside of the box. Also, contact your own agent and see if you have "uninsured motorist coverage" on your own vehicle. Good luck.

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  • If I win in JP court for remedy & repair, mold, roach issue, can I still sue in District ct for DTPA, Mold, personal injury?

    John’s Answer

    If you have already filed in JP court, but the "amount in controversy" exceeds $10,000.00, the JP court lacks "subject matter jurisdiction" over your claim. The judge cannot give you more than $10,000 in relief, but the case should not have been filed there in the first place, and any judgment rendered by a JP judge will be subject to collateral attack. You may solve this dilemma in two ways. The first is to file a motion to transfer the case to a Bexar County Court at Law, based on lack of subject matter jurisdiction. Bexar County Courts at Law have jurisdiction in cases involving more than $500, but no more than $100,000. The second is to file a NON-SUIT WITHOUT PREJUDICE in the JP court, and refile in either a Bexar County District Court, or a Bexar County Court at Law. Please consult with an experienced attorney, as they are numerous ways to do this incorrectly and harm your case. The statute of limitations on this type of case is two years.

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  • Personal Injury Questionnaire?

    John’s Answer

    The more information you supply your lawyer, the better job they can do representing you. Your medical history, employment history, prior claims, etc., will all be investigated by the insurance company defending your case.

    Having said that, I agree with the lawyers that said a form should not be a source of stress. If you do not want to fill out the paperwork before your meeting with your lawyer, just bring the blank forms with you. If you decide to hire the lawyer, they should be willing to gather this information from you in an interview.

    Remember, all information provided to the attorney on a form, in a phone call, or in an interview, is protected by the attorney-client privilege and will not be disclosed to third parties without your consent.

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  • Question: Statue of limitations for Slip and Fall - Personal Injury Case? How to Re-file?

    John’s Answer

    Have this reviewed by a lawyer immediately.

    First the lawyer needs to determine if your case was dismissed "with prejudice" or "without prejudice."

    Next, you need to look at the statute of limitations on your claim. In Georgia the statute of limitations for negligence that causes injury to a person is two (2) years from the date on which an injury or death arising from a negligent or wrongful act or omission occurred. O.C.G.A. § 9-3-31.

    It may be a simple act to refile the case. Or it may be very complicated. You may have a better legal malpractice case at this point, but only an experienced attorney can help you answer those questions. Do not wait. Time is of the essence.

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  • What type of lawyer do I need? I was intentionally hit by a car.

    John’s Answer

    Most automobile liability policies exclude coverage for "intentional acts." This means that if the other hit you on purpose, there may not be insurance coverage for your loss; however, the driver would be personally liable. Alaska is an "at-fault" state, and all drivers are required to maintain bodily injury liability coverage of $50,000 per person and $100,000 per accident. Please consult with a personal injury lawyer in your jurisdiction.

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  • Do I have grounds for personal injury claim?

    John’s Answer

    Products liability claims are different than the typical negligence claim. Section 402(A) of the Restatement of Torts makes the manufacturer of an "unreasonably dangerous or defective" product *strictly* liable for all damages caused thereby. If your iPhone is defective, then all of your damages should be covered by Apple.

    You should speak with an attorney concerning this. Document your losses, take photos of everything, and prepare an itemization of your damages. While it is true that your personal injury damages do not appear to be severe, your question was "do I have grounds to recoup anything." The answer is yes, you do.

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  • I was a minor in 2000. I was involved in a serious MVA. My mom took the settlement money...??

    John’s Answer

    The law in most jurisdiction provides that a minor lacks contractual capacity to enter into a contract of settlement (a release), unless a court reviews the settlement and approves it. In most jurisdictions, the money will then be placed into the registry of the court or a structure settlement for the benefit of the child and money will not be released until the child becomes an adult.

    Some insurance companies will avoid the cost of a "friendly lawsuit," and instead give the money to a parent with something called a "parental indemnification" agreement. This means they may have given your mom some money, with the understanding that mom would defend them if you later decide you didn't like the settlement and sue them a second time. Parental indemnification agreements are risky for everyone... the defendant, the insurance company, and the parent. That is why they are seldom employed where serious injuries are involved.

    You need to see an attorney immediately. If the statute of limitations has not expired, an experienced lawyer may be able to reopen the original case and collect a second time from the defendant. You may also be able to sue the lawyer involved, if there was one. Of course, you can sue mom, but she doesn't sound like she's going to have the ability to pay a judgment.

    I wish you the best of luck and hope this information was helpful.

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