My car was recalled for a blown engine and has been at the dealership for 5 months. They did provide me with a rental car but the repair still has not been made
That seems like an awful long time to wait for a repair. Unfortunately, I don't know enough about CA law to answer your question. However, if I were in your shoes, I'd look up a local consumer law attorney, who will probably know the answer off the top of his/her head. Best of luck!See question
I had a surgeon do wrong-site surgery. I have asked a Oregon Workers Compensation Judge to subpoena this surgeon and another one plus two of my treating doctors and one who provided a second opinion. Will she do it?
You really should consult with a lawyer, ASAP. Oregon's WC system is stacked against the injured worker. To make matters more complicated, you may have a worker's compensation third party claim against the surgeon who potentially committed malpractice. However, unless you fill out very specific paperwork with the WC carrier, you lose your right to prosecute your med mal claim. Moreover, there are timing issues with settling the claim or otherwise filing suit. I'd strongly recommend you contact a WC attorney. My firm does not handle those claims, but could send you in the right direction should you call in, as we coordinate such claims with those who specialize in them.See question
If my dog bit someone that came into my yard, will he have to be put down?
It will depend on whether you were cited, and what the municipal court judge decides. If it wasn't a vicious attack, and it was the first time your dog had bitten someone, it would be quite unlikely. Your local city code may be helpful to pull up online and review, as that is what governs these cases in Oregon. Note, however, should your dog not be put down, you are now on notice of its dangerous propensities, meaning if it bites someone else in the future, you will be subject to strict liability for all of their damages, with extremely limited exceptions! Not that I'm advocating your dog be put down, but you will have to be very, very cautions in preventing any further bites in the future!See question
Had a bunionectomy done,the surgeon attached a wire to my toe that ended up going thru the bone which left my toe not attached to my foot so he gave me a second surgery where I now have exterior screws holding my toe in place. Now 3 mo late I'm s...
Medical malpractice claims are terribly complicated and time consuming. However, it would certainly be worth talking to one, given your understanding of the events. Whether you have a viable claim or not, knowing the answer can serve as a great relief emotionally. There are several excellent malpractice lawyers in Oregon - most of whom are in Portland. Greg Zeuthen, Larry Baron, Stephen Hendricks, Jane Paulson and John Colletti, just to name a few. I'd suggest contacting such an attorney for advice, soon. Best of luck.See question
an individual was shot in the shoulder claiming it was a home intruder. i believe he falsely led police to question me as a suspect. it was later determined to be false, The individual then claimed it was attempted suicide. Do i have any gr...
Honestly, I think you would be wasting your time, as a jury likely wouldn't put much stock into it. Had you been charged, it would be a different story, as you would then have a claim for malicious prosecution (I actually wrote a chapter on this topic for the Oregon State Bar). However, because you were not charged, that claim never became ripe. You would still arguably have an intentional infliction of emotional distress claim, possibly defamation (though there are certain law enforcement exceptions, and there is a question as to whether it was truly made public or not) - perhaps others - but again, I don't think folks in Bend would put a great deal of stock in the questioning without charges actually having been filed. Further, it begs the question as to whether the individual would have any assets to recover in the end. You could very well be left with more than a year of time and expense with nothing more than a piece of paper stating he/she owes you money, but you could never collect. My two cents: be thankful the DA made the right decision in not charging you, and move one from that aggravation.See question
My teenage brother was involved in a car accident that resulted in him hitting someone.
The short answer is that, yes, minors can be sued in Oregon. The statue of limitations is generally two years, however, so they may be sued as an adult if they turn 18 before the SOL runs. If they are sued as a minor, the plaintiff will need to move the court to grant a guardian ad litem to represent the minor defendant. Under certain circumstances, the parents may be sued - for example, under a theory of negligent entrustment or under the family purpose doctrine. In any event, so long as the minor was a permissive user, and the owners followed the requirements of their insurance contract (for example, naming the minor as an additional insured under the policy if they live at home), the collision would be covered under the insurance policy. That means the insurance carrier will pay for defense counsel, will pay any resulting damages up to the policy limits, and owes their insureds (the driver and his/her parents) a fiduciary duty to resolve the claim within the policy limits if at all possible. Long story short, they should turn the claim over to their insurance carrier and not worry about it, as nearly 100% of such claims settle without any further involvement on the part of the minor or their parents.See question
so my previous employer fired me saying my work was sub par while i know that its because i complained she was sexist when it comes to promoting people...well since then ive been hearing that she fired me for "being a pervert" while never in the 3...
You may have more than just a defamation (libel and/or slander) claim. You may also have an employment claim, which has the potential of carrying a larger penalty. There are several excellent employment attorneys in and around Portland. I would call one ASAP! The list is long, but off the top of my head, Beth Creighton, Dana Sullivan, and Craig Crispin are all folks I know in Portland, and there are many other excellent attorneys who practice in this area as well. Best of luck.See question
There was no police report done or involve, and the drivers didn't take my information DL, just the vehicles insurance. I let the driver of the car I hit that i'm an excluded driver and is more likely for the insurance to not pay but i'm willing t...
I'd call the insurance company for your car first, just to be sure whether the accident was covered or not. You don't want to prejudice your carrier if it happened to be a covered event. The other driver may turn the claim over to their insurance company for payment, in which case said insurance company will likely first contact your insurance carrier, then depending on your insured status, contact you directly if there is no coverage. Insurers generally don't jump straight to a lawsuit; they try to make their claim for reimbursement outside of the court system first, as it is less costly and more timely. Granted, things may be different in Texas than they are here in Oregon, but that's generally the way things go. You may be well served running it by a Texas attorney who might be willing to give you five minutes of their time, as they will be more familiar with Texas law and standard operating procedures than I. Luckily, it sounds like nobody was hurt. Best of luck.See question
Motion was sent to client's attorney in another state, who had accepted service on client's behalf in the past. Attorney signed and accepted the Motion but later claimed it was not served properly. He claims since the Motion required Personal Se...
This will presumably be answered by looking at the rules of civil procedure for the state in which the action is pending. I believe, but may be mistaken, that the venue's rules of civil procedure concerning service of pleadings will control, even if the opposing party resides in another state. While the rules (and cases interpreting them) can be confusing, I'd recommend simply calling a civil litigation attorney in your area to double check. He/she could also give you advise on how to handle the opposing counsel's objection to service with the court. Best of luck.See question
I was driving my sisters Lexus SUV and another driver rear-ended me going a a slow speed. The only visible damage was a scratch to the bumper but I know there could be lots of other issues with the car since the impact. It does not seem to be driv...
Unfortunately, the only way to make them do anything is to consult with a lawyer. Adjusters love MIST cases (Minor Impact, Soft Tissue). "No crash, no cash" goes the insurance mantra. However, any seasoned personal injury attorney could tell you, injury is common in low speed collisions, primarily because the crumple zones of the vehicles don't absorb the forces involved in the impact. Your claim is going to turn on the amount of property damage involved, your subjective symptoms, your objective findings, your course of treatment, the length of time your symptoms lasts, and the venue in which you can file your claim. It's complicated, for sure, but nothing a seasoned lawyer in your state couldn't help you navigate.See question