Mom’s Assault on Skateboarder Caught on Camera

Posted by on Sep 3, 2013 in Battery Crimes | 0 comments

A video of a professional skateboarder accidentally running into a small child in the park and then being punched in the face by the child’s mother has gone viral. It has accumulated more than a million views, with most commenters split down the middle about whether the mother was justified in her actions or not.

Leland Goldberg is not a stranger to hard knocks; being a professional skateboarder, hard knocks are just about all he knows. But when a mother physically assaults him for running into her child while filming the pro skateboarding mixtape “Warm Gravy” in Cannery Park, California, the veteran railslider was clearly at a loss.

The whole incident was captured on video and was posted on YouTube, where it scored a million hits over a few days. Reactions from viewers were mixed, but most were either siding with the mother in her role as mother avenger or against her for being a negligent parent. Some viewers asked if Goldberg can sue her for battery.

Actually, he can.

Under California law as described in Penal Code 242 PC, battery is defined as any willful and unlawful physical contact which is offensive or harmful. What the mother did in this instance was battery, and renders her criminally as well as civilly liable. The only justification that may be used for battery is self-defense, or in protection of another person from imminent harm. As neither condition is applicable to the case, this is clearly a case of battery. Whether the mother was negligent or not is a different point altogether, and does not concern Goldberg, who has a good case for sending the mother to jail to cool off for a while and for financial compensation for personal injury.

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Woman Files Lawsuit After Cemetery Incorrectly Buries Family

Posted by on Jun 10, 2013 in Lawsuit | 2 comments

Mount Ever-Rest, a Kalamazoo, Michigan cemetery, is facing a lawsuit accusing it of not buying a woman’s parents according to their wishes and refusing to correct its mistake.

The woman’s father purchased several plots for himself and his immediate family prior to his death in 1989. He and his wife intended to be buried in the same plot, under a tombstone that read “Together Forever.” Sadly, the cemetery ended up burying the man in the wrong plot, and when his wife died in 2002, she was buried beneath the headstone, all alone.

The couple’s daughter visited the cemetery on a regular basis, even after moving to Tennessee. Her suit claims that she did not learn of the cemetery’s mistake until 2011, when her husband died and the plot that was meant for his burial was found to be occupied. The woman wanted her husband to be buried next to her parents’ combined grave, but he could not be since the spot he was meant to be buried in was occupied incorrectly by her father. She made several attempts to have the cemetery correct its mistake, but it refused.

The lawsuit seeks $10 million in damages and accuses Mount Ever-Rest of misrepresentations and negligence. The woman says that her parents cannot rest peacefully until the cemetery’s unreasonable mistake is corrected.

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The Degrees of Burns

Posted by on May 30, 2013 in Health, Personal Injury Law | 2 comments

Burn injuries can be devastating and sometimes have horrifying and potentially deadly consequences. The severity of a burn injury is determined by how many layers of skin the burn penetrates. There are commonly three recognized levels, or degrees, of burn injuries.

First degree burns are the least severe. These burns only penetrate the top layer of the skin, the epidermis. Even though they are not severe, they can still be uncomfortable and may require some form of treatment and a few days of recovery. A sunburn is an example of a common first degree burn.

Second degree burns are those that reach a person’s dermis, the layer of skin directly below the epidermis. These burns are more painful than first degree burns, take longer to heal, and often result in blisters and create a risk of infection.

Third degree burns reach through the epidermis and can result in serious infections and sometimes necessitate amputation. They cause serious damage to the skin and underlying nerves. It is said that once a burn reaches third degree status, it becomes painless because it has destroyed nerve endings that respond to pain at that point. Fourth degree burns are rare, but even more severe. These extend all the way through the lower layers of skin, melting away flesh and leaving behind damaged muscles or bones. They can often result in infection or death.

Burn injuries are a scary experience that can lead to psychological trauma. Suffering through a severe burn because of someone else’s irresponsible actions can be cause for a lawsuit. Filing suit against the party responsible for your burn injury can help you recover compensation for the medical costs and other losses you’ve sustained as a result of another person’s negligent behavior.

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Secured and Unsecured Debts

Posted by on May 14, 2013 in Self Help | 1 comment

Being in debt is not something people want for themselves, but almost everyone has some form of debt they’re trying to catch up on. While in your eyes, all debts may be the same unhappy obligation, to the law, there are two different general types of debt: secured and unsecured.

Car bills, credit card payments, student loans, and mortgages are the most common debts held by Americans. These debts have various levels of security attached to them. Debts that are secure have some form of collateral that can be repossessed should you fail to make payments. Secure debts include debts such as car payments, mortgages, and any other debt that a creditor can put a lien on.

Unsecured debts are those that have no specific asset tied to them. These include credit card debt, and hospital bills.

The types of debt you have play a major role in how a bankruptcy proceeding will come along. Since unsecured debts do not have assets tied to them, you will not lose the item or benefit you gained from them in bankruptcy. Items tied to secured debts can be taken from you and sold off in bankruptcy, however. It’s best to always pay debts on time to avoid the stress and financial difficulties tied to having to file for bankruptcy.

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DUI Penalties In Washington

Posted by on Apr 23, 2013 in Business, Law | 1 comment

Having a couple of drinks with friends is something many people over the age of 21 do for fun in Washington. While a fun activity that usually ends with a couple of good memories, sometimes drinking can result in a person being pulled over by a police officer under the suspicion of driving under the influence. Unfortunately, this can lead to a very serious situation for anyone, as a DUI conviction can drastically affect a persons personal, professional, and financial well-being.

However, a person facing such a charge is not without options and should have an aggressive, experienced, and passionate attorney protecting their rights and interests. Should you find yourself in this situation, speak with a local Bellevue DUI lawyer today about what legal options are available to you.

1st Offense Penalties

When charged with a DUI in Washington, a person will find themselves facing different penalties depending on their BAC level. According to Habush Habush & Rottier S.C. ®, if a persons BAC is below .15, they could face the following penalties:
* 24 hours to 1 year in jail, or 15 days of enforced electronic home monitoring
* No more than 5,000 in fines, but no less than 865.50
* 90 days of drivers license suspension

If, on the other hand, a persons BAC level is .15 or greater, they could find themselves facing the following increased penalties:
* Between two days and one year of incarceration, or 30 days of electronic home monitoring
* Between 1,120.50 and 5,000 in fines
* Drivers license suspended for one year

Additionally, regardless of a persons BAC level, they could be saddled with the following consequences:
* Installation of an ignition interlock device
* Required SR-22 insurance
* Potential alcohol/drug education classes

These penalties may increase and become more serious depending on a number of factors, such as where the DUI occurs, whether there is a minor in the car, and any prior convictions or charges.

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