Associate William D. Anthony was interviewed and quoted by the Insurance Journal as a "subject matter expert" in youth sports liability waivers. William explains the three basic aspects of liability agreements and discusses their purpose and the controversy surrounding their enforceability in youth sports.
Read more about it here.
Managing Partner Cary Agajanian helped provide an overall summary of legal developments regarding recent court rulings on waiver and release and express assumption of the risk agreements to the Racing Promotion Monthly (“RPM”), an industry leading association serving motorsports facilities and promoters.
An article from RPM’s July newsletter on the current state of the law, and the direct potential impact on the motorsports industry, was based heavily upon both recent interviews with Mr. Agajanian and his contributions as part of a panel of legal experts speaking at RPM’s annual workshops.
Read more about it here.
The Insurance Journal further consulted with Agajanian, McFall, Weiss, Tetreault & Crist with regard to the legal implication of the recent California Supreme Court’s decision regarding ‘gross negligence’ and the enforcement of waiver and release agreements (City of Santa Barbara v. Superior Court).
Read more about it here.
Partner Paul Tetreault was interviewed by the Santa Barbara Independent newspaper regarding the impact and implications of the California Supreme Court’s recent ruling regarding waiver and release agreements and ‘gross negligence’ (City of Santa Barbara v. Superior Court).
Read more about it here.
Partner Abbie Crist leads a legal panel discussion for the San Joaquin-Sisters in Crime.
On September 1, 2007, Abbie Crist led a legal panel discussion for the San Joaquin-Sisters in Crime (SinC) in Fresno, California. SinC is an international networking group for mystery authors and enthusiasts. Abbie was selected as an expert in the medical malpractice arena, and was invited to share case issues and facts that aspiring authors could use to concoct plots for their latest novels. Abbie shared the spotlight with a representative from the district attorneys office, who revealed the latest fraud schemes. SInC routinely invites experts in their field as featured speakers to contribute realistic details that can be woven into the mystery/thriller writers genre.
AMWT&C quoted by the Insurance Journal, a leading national insurance trade journal, regarding an important waiver and release and express assumption of the risk case pending before the California Supreme Court. The firm is at the forefront of this developing situation, defending the sports and recreation industry.
Read more about it here.
Cary Agajanian will be a featured speaker at the Texas Surplus Lines Association 2007 Mid-Year Meeting
Cary Agajanian has been asked to speak about sports and recreation liability issues at the 2007 Mid-Year Meeting of the Texas Surplus Lines Association which will be held at the Greenbrier in White Sulfur Springs, west Virginia from July 29, 2007 through August 1, 2007.
“Captain of the Ship” Doctrine Lives in California
The California Court of Appeals, Second District, recently issued an opinion that holds significant implications for medical facility operators and surgeons throughout the state. In Fields v. Yusuf (2006) 144 Cal.App.4th 1381 [51 Cal.Rptr.3d 277], a patient filed a medical malpractice action against a surgeon for injuries that she suffered from a sponge left in her leg during surgery. A jury verdict was entered in favor of the surgeon, and the plaintiff appealed. The Court of Appeal ultimately made three rulings, including: (1) the res ipsa loquitur doctrine was applicable; (2) the court’s failure to instruct that the surgeon had a nondelegable duty to remove sponges was prejudicial against the plaintiff; and (3) the trial court erred in failing to instruct the jury on the “captain of the ship doctrine.” The surgeon contended that the hospital nurses had the primary responsibility for conducting the sponge counts and communicating the results. Thus, he claimed that he did not have exclusive control (a required element for res ipsa loquitur) over that aspect of the surgery. The court disagreed, noting that the surgeon was in the room at all times. Further, even if the nurses had acted negligently, it did not relieve the surgeon of his obligation.
The surgeon also contended that he did not have the nondelegable duty to ensure that all sponges were removed before he closed the incision because the hospital had a specific protocol mandating that the nurses had the sole responsibility for conducting preoperative and surgical sponge counts. Again, however, the court disagreed, stating the surgeon had the power (and therefore the duty) to direct the nurses to count the sponges as part of his work in the opening and closing of the incision, and that it was his responsibility to see that such work was done. The surgeon could not relieve himself of liability by any custom or rule requiring the nurses to count the sponges. The court also clarified that a jury instruction regarding the “captain of the ship” doctrine should have been given, which imposes liability on a surgeon under the doctrine of respondeat superior for the acts of those under the surgeon's special supervision and control during the operation. The impact of this ruling is significant for both hospitals and surgeons. It increases the culpability of the surgeon for cases involving retained surgical sponges, and by extension, any retained foreign object. For hospitals, which have traditionally borne the “lion’s share” of the cost of settlements in this area, this decision is likely to bring another party to the negotiation table in cases where settlement is warranted.
Cary Agajanian will be a featured speaker at RPM Promoters Workshop
Cary Agajanian will be a featured speaker at the Thirty-Fourth Annual RPM Promoters Workshops Series, Speedweek National Workshop, produced by Racing Promotion Monthly taking place from February 12-14, 2007 in Lake Mary, Florida. Cary’s presentation addresses legal developments and risk management issues facing the racing and sports industries. More than 1300 racetrack operators, their employees, and industry leaders are expected to attend this year’s three-day workshop.
For more information and registration materials contact RPM at (920) 294-0830, or on the World Wide Web at www.racingpromotionmonthly.net
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