July 24, 2013
We are in the middle of the Major League Baseball season, and a Diamondbacks game is the perfect way to escape the heat. But what happens if a foul ball flying at 120 mph hits you? Many personal injury lawsuits by fans are unsuccessful. These suits are usually unsuccessful because courts have consistently ruled that spectators enjoy sporting events at their own risk.
In Bellezo v. State, the Arizona Court of Appeals held that: (1) the danger of being struck by foul balls was open and obvious to a spectator, and; (2) the owners of the stadium complied with their duty to protect spectators from unreasonable risk of being injured by foul ball.
So if the owner of the premises takes reasonable precautions to protect fans and a fan is injured from an “open and obvious” danger, the fan will most likely not be able to recover for his or her injuries.
However, there are always exceptions: an experienced attorney may be able to establish that the owner of the premises did not take the appropriate steps to protect fans, or that the specific type of injury may not have been “open and obvious.” For example, if a fan is injured tripping in the stadium or from sitting on a defective bleacher, these risks may not be considered “open and obvious” at a baseball game.
Law Offices of Michael Cordova is a personal injury law firm in Phoenix, Arizona with a team of skilled, experienced and talented personal injury attorneys. We have an excellent track record of delivering the compensation our clients deserve. Contact us at 602-265-6700 for a free case evaluation.
Every summer in Arizona, small children tragically drown in backyard swimming pools. Drowning, the leading cause of death in Arizona for children under the age of five, is a preventable tragedy.
Small children are top-heavy and don’t have the strength to lift themselves out of pools when they fall in. However, drowning and near-drowning incidents can be prevented with simple steps! Listed below are useful tips and advice to prevent these needless tragedies from occurring.
- Use an approved barrier, such as a pool fence, to separate your pool from the house
- Never allow children to be alone near a pool
- Keep life-saving devices in the pool area, such a pole/hook or floatation devices
- Keep large objects like tables and chairs away from pool fences to prevent children from climbing over the fence
- Do not allow small children to play around the pool
- If you leave the pool area—even for a second—take the children with you
- Enroll your children in swimming lessons
- Install low-cost motion sensor door chimes on all exterior doors in your home. These chimes are available at retailers such as Amazon, Lowes, and Home Depot for less than $20 and are easy to install.
The Law Offices of Michael Cordova urges you to take the necessary precautions at your home to minimize the danger of your pool to your small children!
November 21, 2011
An “Al Qaeda sympathizer” accused of plotting to bomb police and post offices in New York City as well as U.S. troops returning home remained in police custody after an arraignment Sunday on numerous terrorism-related charges.
Mayor Michael Bloomberg announced at a news conference Sunday the arrest of Jose Pimentel of Manhattan, “a 27-year-old Al Qaeda sympathizer” who the mayor said was motivated by terrorist propaganda and resentment of U.S. troops in Afghanistan and Iraq.
Police Commissioner Raymond Kelly said police had to move quickly to arrest Pimentel on Saturday because he was ready to carry out his plan.
Article: Fox News
Microsoft’s Windows 95 rollout presented the most challenges in the company’s history, leading to several last-minute changes to technical features that would no longer support a rival software maker’s word processor, Bill Gates testified Monday in a $1 billion antitrust lawsuit filed by the former owner of WordPerfect.
“We worked super hard,” the Microsoft co-founder said. “It was the most challenging, trying project we had ever done.”
Gates was the first witness to testify Monday as Microsoft lawyers presented their case in the trial that’s been ongoing in federal court in Salt Lake City for about a month. He is set to resume testimony Tuesday morning.
Utah-based Novell Inc. sued Microsoft in 2004, claiming the Redmond, Wash., company violated U.S. antitrust laws through its arrangements with other software makers when it launched Windows 95. Novell says it was later forced to sell WordPerfect for a $1.2 billion loss. Novell is now a wholly owned subsidiary of The Attachmate Group, the result of a merger that was completed earlier this year.
Gates said Novell just couldn’t deliver a Windows 95 compatible WordPerfect program in time for its rollout, and its own Word program was actually better. He said that by 1994, Microsoft’s Word writing program was ranked No. 1 in the market above WordPerfect.
Gates called it an “important win.”
He testified later that Microsoft had to dump a technical feature that would have supported WordPerfect because he feared it would crash the operating system.
“We were making trade-offs,” he said.
Novell argues that Gates ordered Microsoft engineers to reject WordPerfect as a Windows 95 word processing application because he feared it was too good.
WordPerfect once had nearly 50 percent of the market for computer writing programs, but its share quickly plummeted to less than 10 percent as Microsoft’s own office programs took hold.
Microsoft lawyers say Novell’s loss of market share was its own doing because the company didn’t develop a Windows compatible WordPerfect program until months after the operating system’s rollout.
Novell attorney Jeff Johnson has conceded that Microsoft was under no legal obligation to provide advance access to Windows 95 so Novell could prepare a compatible version. Microsoft, however, enticed Novell to work on a version, only to withdraw support months before Windows 95 hit the market, he said.
Microsoft lawyer David Tulchin said Gates decided against installing WordPerfect because it couldn’t be made compatible in time for the rollout. He argued that Novell’s missed opportunity was its own fault, and that Microsoft had no obligation to give a competitor a leg up.
Article: Associated Press
A company run by the former CEO of American International Group Inc. is suing the government for $25 billion in damages over its taxpayer bailout of the big insurer.
Former AIG CEO Maurice “Hank” Greenberg’s current company — Starr International — filed lawsuits Monday in federal courts against the Treasury Department and the Federal Reserve Bank of New York.
The suits accuse the government of taking valuable assets from AIG’s shareholders without their consent or fair compensation, in exchange for the government’s 80 percent stake in the company. The suit says the government’s actions violate parts of the Fifth Amendment.
Much of the $182 billion in rescue money went to pay AIG’s obligations to big banks.
Article: Associated PressNewer Posts »
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