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G. Steven Sullivan
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G. Sullivan’s Answers

151 total


  • My pharmacist gave me wrong does of Enbral for my husband 50MG instead of 25mg

    My husband takes a 25mg shot on Tuesdays and 25MG shot on Saturdays. we had the prescription refilled yesterday (Saturday) While administering the shot I realized it took longer to inject. They pharmacy gave me 50MG instead. The prob...

    G.’s Answer

    Wow! I am sorry to see your note. Yes, the pharmacy is typically at fault in these situations. this type of mistake does happen more often than you might expect. Once you discovered the issue, were you able to contact your doctor about the dosage error? Under Utah law, you would have the burden to show through expert testimony what the injury was as a result of the pharmacy error. Now, the doctors need only base his/her opinion on a reasonable medical probability rather than a certainty. But, the doctor will need to be willing to say what the loss or damage will be based on that type of an opinion. Sometimes treating doctors don't want to get involved in this type of litigation situation. If your doctor indicates there will more likely than not be some injury or problem, another physician can be used to document the injury.

    Certainly, I hope your physician can tell your family that there was no injury or damage and a bullet was certainly dodged. But, if there will be a loss, you would have the right to move forward per the above.

    I hope this helps.

    Thanks,
    Steve Sullivan

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  • Broke an ankle while in USP? How can I get them to pay for the injury? I am in a cast and on crutches. I was released yesterday.

    I was coming down the stairs for dinner and slipped when i hit a small drop of water/perspiration at the bottom of the stairs. Rolled my ankle. I have a lateral fracture of the tibia (?). Was told they would cover the costs on the outs. A lie of ...

    G.’s Answer

    • Selected as best answer

    Wow--I am sorry you are living through this. From your note, it sounds like there is a couple of potential claims. In order to prevail on the fall itself, you need to show the circumstance was an unreasonably dangerous situation that the USP had reason to know of and had time to either make safe or warn of the danger. This may be hard to show depending on the circumstances. There may also be some immunities that come into play in pursuing a claim against the Prison. A second claim may exist for essentially mal-treatment post injury. This might fall into the civil rights category of cruel and unusual punishment. It might be best to post a note to this category on AVVO, since not many lawyers work in the civil rights area.

    I am sorry I could not be of more help. These can be complicated and difficult cases.

    I wish you the best in getting over this tough injury.

    Steve Sullivan

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  • I was in in accident, at the fault of the other driver, no injuries. But after the accident i was assaulted by the other driver.

    i was hit by a driver, rendering my car useless. after the accident, there were no injuries, but, the other driver, and his wife both assaulted me physically. i have 4 eye witness reports also backing this up.

    G.’s Answer

    I am sorry you went through this. Some people's children, huh? So, under Utah law, I expect you would have the right to access your auto insurance no fault coverage. Even though the injuries were not a direct result of the accident, it could be argued the injuries arose out of the ownership, maintenance or use of the motor vehicle. That coverage includes medical coverage, some limited wage loss help and some limited household service help. You also have a claim against the individuals that assaulted you. but, it is doubtful their auto insurance will cover the assault. Any available homeowner insurance will probably have an intentional conduct exclusion. You can sue them in small claims court and that may be the most efficient device to get fair compensation for what you have gone through. Keep in mind that the small claims court has a statutory limit of $10,000.

    I am sorry you are dealing with this and I certainly hope you re getting through this process quickly.

    Thanks
    Steve Sullivan

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  • What are my options?

    Wife was rear ended. Other driver admitted fault, to both her and police. His insurance company admitted fault and said they'd fix our car. After 3 weeks sent out an appraiser, told us to take it to a repair shop. I did, where they found more dama...

    G.’s Answer

    I assume you do not have collision coverage on your policy. If you do, I suggest you go through your own auto policy to get the car replacement value established and the claim dealt with. Secondly, I would get the car out of storage and taken to your home for the time being. Third, these carriers are pretty sophisticated. they can make an offer on the value quite quickly. Once they make a "good faith" offer, than their obligation to cover storage and rental fees does end. Finally, if you have a bodily injury claim be careful about how you resolve the property claim. Under current Utah law, you can litigate the property claim through small claims court and preserve the bodily injury claim, but it must be done carefully.

    Shoot over any more concerns or issues if the above does not fully address the question.

    Again, I am sorry you are going through this frustrating and time consuming process.

    Steve Sullivan

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  • Do I have insurance coverage when driving a car that is registered to someone else if I have insurance on a car registered to me

    I got pulled over while driving my brother's car and was issued a ticket for driving with no insurance but I do have insurance coverage for my own car

    G.’s Answer

    Thanks for your note. I think it may be a bit complicated. Civilly, you are right--when you have your own auto insurance and you are driving someone else's car with their permission, if there is no coverage on the vehicle, your personal auto insurance will step in and cover your situation. Now, your auto carrier may try to get out of that coverage by trying to show you had "regular use" of the subject vehicle and therefore you should have added it to your policy. But that is a separate issue. On the criminal side, there may be a concern that if you are driving someone else's car, you are supposed to know if the car was insured or not and not drive it if it is not covered. I apologize, but that is a criminal law issue and I don't want to mislead you. However, you should check with a criminal law attorney before going into court. It may not be as simple as showing the judge that you had personal auto insurance on your own car.

    I hope that provides a little help at least.
    Thanks
    Steve Sullivan

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  • Can McDonalds be sued for falsely advertising coupons on their mobile app?

    I've been using the McDonald's mobile application which has various coupons and freebies being advertised. Here in Utah where I live, I've visited 6 different McDonalds restaurants that are officially listed as being participants in the mobile app...

    G.’s Answer

    Wow. A very interesting situation. I am really quite surprised that McDonalds would put themselves in this situation. You may well have a false advertising claim. The issue will be available damages to you versus your ability to report the matter to the FCC or State Consumer Affairs office. There are Utah lawyers that focus on Consumer complaints. Often these cases are generated by unfair collection practices on the part of collection services. However, such lawyers may well be versed in this area of the law and you might google Utah lawyers that do this type of work. Secondly, you might contact the Consumer Affairs Office in the Attorney General's office. They may pursue the claim in behalf of the State--but I am not sure that will result in any recovery for you. Finally, you might send a letter to the Utah McDonalds regional office laying out the situation. They may well try to make it right for you.

    I hope the above is at least some help on this situation.

    Thanks much,
    Steve Sullivan

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  • I need a property lawyer ? Any suggestions it's for a wreck

    In search of property lawyer to help me with my wreck I was hit when a lady was backing out

    G.’s Answer

    Sorry to read your note. it seems like simple accidents like this should not be a big deal to resolve! There have been a couple of posts recently on your type of situation. From your question, I am not clear if this happened in a parking lot or the other driver was pulling out of a driveway or roadway. In any event, Utah law requires that the driver who is backing his/her vehicle only do so when it is safe to back. That is, she has the duty to be sure no one is behind her as she backs her car. Having said that, Utah law would allow a judge or jury to assign comparative fault if the Court believes that you should have perhaps been aware of her situation and you somehow could have avoided the collision. So, comparative fault might come in to play depending on the circumstances. Under Utah law, the other driver would be held to pay your damages as long as she was found to be at least 51% or more at fault in causing the accident. Importantly, any comparative fault assessed against you would reduce the award by that percentage.

    Her insurance is obligated to defend her and pay any award up to her policy limit. If you have collision coverage on your policy, you can let your carrier pay the damage--less your deductible and let your carrier fight it out with her insurance. If your carrier later wins, your carrier will then reimburse you the deductible you suffered in having your insurance pay the claim.

    This process can be handled in small claims court if you are simply not getting any cooperation from the other driver's insurance and you did not have collision coverage. Certainly, you can hire a lawyer to do all of this, but it will cost money--money you need to repair your car. The Utah Court web page can walk you through how to do this in small claims court. but, the small claims court has a damage ceiling of $10,000. currently.

    I hope the above helps. I wish you the best in getting this frustrating thing taken care of.

    Steve Sullivan

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  • In search of property lawyer ?

    Lady was backing out of parking space and hit my car as I passed by

    G.’s Answer

    I am sorry to see your note. A very similar question was posed recently. I threw out some ideas in responding to that question. You may want to pull up my answer on that one. I hope it helps.

    Thanks much,

    Steve Sullivan

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  • Who is at fault ?

    I was driving through a parking lot when a driver backed out and struck my car who is at fault ?

    G.’s Answer

    I am sorry to see your note. Parking lot cases can be difficult due to the insurance carriers seeing these cases as 50/50 by way of responsibility. However, that position is not accurate. Utah law does put the responsibility on the driver backing his/her vehicle to only do so when the driver can back safely. Because the driver violated this safety statute. Violation of a safety statute is very strong evidence of negligence here in Utah. The driver's insurance will argue that you have comparative negligence because we all must expect drivers to back out of parking stalls in parking lots. Whether comparative negligence might be assigned to you may depend heavily on the facts of how fast you were going, how close you were to the driver when he pulled out, your ability to see the driver backing under the circumstances of the area at the time. Under Utah law, you would need to show that the backing driver was 51% or more at fault before his carrier would be responsible for payment of damages. If there is available video from the store or surrounding area, that might help in showing that under the circumstances your actions did not contribute to the accident occurring.

    Finally, if you have collision coverage on your auto policy, sometimes it is simply more efficient to let your carrier pay the damage and let the two carriers box it out on who is at fault. The downside being the deductible your policy may have in such a situation.

    I hope the above helps. I wish you the best in moving this long efficiently

    Thanks
    Steve Sullivan

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  • Does this potential case have merit?

    The beginning of April, life was good. Great job (130k annual), comfortable house, joint custody of my child, and getting along well with ex. A disagreement involving his schooling prompted my ex to file a protective order against me. This contai...

    G.’s Answer

    Wow! very sorry to see your note. Libel or defamation usually requires the lie be published or communicated and as a result, specific damage was suffered. I am concerned that the untrue allegations you ex made through the court filing was not specifically the cause of your job loss--at least as I understand your situation. That may be a hard one. A claim for abuse of process based on the untrue statements may be available, but typically that claim is used to combat the untrue claim itself. Here the protective order was dismissed.

    I can sure see your situation and the reason you want to bring the claim. It may be worth hiring a lawyer to do some careful research to see if there are exceptions or areas of the law that are not obvious on its face. But, without jumping in and doing a lot of research, I think the case is challenging.

    Sorry I am not giving you more valuable input. Keep up the meetings!!

    Thanks
    Steve Sullivan

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