Just when you thought workers’ compensation subrogation in this country’s most difficult state could not get any more difficult, it does. In Zaldivar v. Prickett, 774 S.E.2d 688 (Ga. 2015), Prickett sued Zaldivar for injuries resulting from a 2009 work-related auto accident. The defendant blamed Prickett’s employer, Overhead Door Company, which was not a party…
DetailsMany years ago, a lawyer argued that the long-standing Texas rule prohibiting recovery of damages for loss-of-use of personal property, unless the property was a total loss or destroyed was unfair. City of Canadian v. Guthrie, 87 S.W.2d 316 (Tex. Civ. App. 1932). His client’s one-eyed, underfed mare lived a simple life. One night, however, she…
DetailsTrial lawyers are happy. On January 20, 2016, the U.S. Supreme Court issued their written opinion in the long-anticipated ERISA subrogation case of Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, 2016 WL 228344 (Jan. 20, 2016). The U.S. Supreme Court was asked to decide whether a Plan beneficiary is…
DetailsMWL would like to thank all our clients and local counsel for a wonderful year in 2016 and we wish you all a Merry Christmas, Happy Hanukkah, and a blessed Holiday Season. Regardless of what Christmas means to you, we hope your Christmas is full of holiday cheer shared with family and friends. For us…
Details
Matthiesen, Wickert & Lehrer, S.C. continues to grow. We are proud to announce the addition of Stephen A. Smith. Steve is an experienced litigator formerly with J. Peterman Legal Group, Ltd. (f/k/a Bloomer Peterman, S.C.) in Brookfield, Wisconsin. Steve attended Oklahoma City University School of Law, where he received his J.D., and the University of…
DetailsWith holiday shopping in full swing and Christmas a week away, there are growing concerns over the safety of one of the season’s hottest items – hoverboards. The year’s “must have” gift harkens back to the popular ‘80s movie Back To The Future II and has captured the imagination of young and old alike, their popularity…
DetailsOccasionally, we post articles on legal subjects other than insurance subrogation because they are of such a wide interest that it would not be right to avoid comment on them. Such a topic is the meteoric growth of daily fantasy sports (DFS) such as DraftKings and FanDuel. In 2015, nearly 60 million people played fantasy…
DetailsEvery year in North America insurers pay out tens of millions of claim dollars resulting from fires and feed damage caused by the spontaneous combustion and heating of hay mow – a pile of hay stored in or near a barn. Spontaneous combustion is the result of a chemical reaction that occurs when combustible materials…
DetailsA new Georgia Supreme Court decision has made it easier to defend third-party tort actions involving injured employees by reducing the recoveries when employer negligence contributes the work-related injury. Walker v. Tensor Mach., Ltd., 2015 WL 7135149 (Ga. 2015). Jock L. Walker was injured at work in August 2010 while he operated a machine that…
DetailsDuring the brutal winter of 1620-21, Miles Standish, the English military officer hired by the Pilgrims as military advisor for Plymouth Colony and one of the Mayflower passengers, played a leading role in the administration and defense of the colony. His wife, Rose, suffered from sickness and fever throughout most of the winter, and when…
Details