James H. Moss

James H. Moss Blogs

Blog Authors

Latest from James H. Moss

Wimmer v. Top Gun Guide Serv., 421 F. Supp. 3d 849, 2019 U.S. Dist. LEXIS 185888, 2019 WL 5558308 United States District Court for the District of South Dakota, Northern Division October 26, 2019, Decided; October 28, 2019, Filed 1:18-CV-01001-CBK Reporter 421 F. Supp. 3d 849 *; 2019 U.S. Dist. LEXIS 185888 **; 2019 WL 5558308 ANTHONY WIMMER, Plaintiff, v. TOP GUN GUIDE SERVICE, INC., JOHN DOES 1-5, Defendants. Counsel:  [**1] For Plaintiff Anthony Wimmer: Michael W. Strain,…
California appellate court reviews numerous issues brought by plaintiff in this skier v. skier fatality. Most important issue is the relationship between Assumption of the Risk in California and a Release. Tuttle v. Heavenly Valley, L.P., 2020 Cal. App. Unpub. LEXIS 814, 2020 WL 563604 State: California, Court of Appeal of California, Fourth Appellate District, Division Three Plaintiff: Grant Tuttle et al. Defendant: Heavenly Valley, L.P. Plaintiff Claims: Defendant Defenses: doctrines of primary assumption of…
Hand Washing Practices Participants must wash their hands: Before eating or preparing food Before touching your face After using the restroom After leaving a public place After blowing your nose, coughing, or sneezing After handling your mask After changing a diaper After caring for someone sick After touching animals or pets Moving from one activity or station to the next Upon getting up 1st thing in the morning. A hand wash station is a location…
Indemnification is rarely if upheld in a release. The language does not meet the requirements needed under the law in most states to be an indemnification agreement. Cannon v. Rock Climb Fairfield, LLC, 2020 Conn. Super. LEXIS 261 State: Connecticut, Superior Court of, Judicial District of Fairfield At Bridgeport Plaintiff: Cindy Cannon PPA Emma Cannon Defendant: Rock Climb Fairfield, LLC, Carabiners Fairfield, LLC and Matthew Conroy Plaintiff Claims: Negligence Defendant Defenses: Indemnification by third party…
A strong and well written dissent argued to enforce the release on general contract principals. Kuchta v. Opco, 2020 Nev. App. Unpub. LEXIS 549, 2020 WL 3868434 State: Nevada, Court of Appeals of Nevada Plaintiff: Joseph Kuchta Defendant: Sheltie Opco, LLC, a Nevada Limited Liability Company, d/b/a John Ascuaga’s Nugget, d/b/a Gilley’s Nightclub; and Wolfhound Holdings, LLC, a Delaware Limited Liability Company Plaintiff Claims: Negligence, Negligence Per Se, Negligent Hiring and Respondent Superior, Negligent Supervision,…
If you are injured at work and covered by worker’s compensation you cannot sue your employer. However, you might be able to sue a third party who may be liable for injury. However, the employer of the plaintiff had the plaintiff sign a release that prevented the employee from suing the place where he was injured, which was upheld by the court. Merlien v. JM Family Enters, 2020 Fla. App. LEXIS 10525 State: Florida, Court…
Tuttle v. Heavenly Valley, L.P., 2020 Cal. App. Unpub. LEXIS 814, 2020 WL 563604 Tuttle v. Heavenly Valley, L.P. Court of Appeal of California, Fourth Appellate District, Division Three February 5, 2020, Opinion Filed G056427 Reporter 2020 Cal. App. Unpub. LEXIS 814 *; 2020 WL 563604 GRANT TUTTLE et al., Plaintiffs and Appellants, v. HEAVENLY VALLEY, L.P., Defendant and Respondent. Notice: NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS…
The clauses in the release were not clearly identified and could be avoided by plaintiff. Release was found to be void because if violated New York General Obligations Law § 5-326 Scotti v Tough Mudder Inc., 63 Misc. 3d 843, 97 N.Y.S.3d 825, 2019 N.Y. Misc. LEXIS 1525, 2019 NY Slip Op 29098, 2019 WL 1511142 State: New York, Supreme Court of New York, Kings County Plaintiff: Richard E. Scotti et al. (Richard E. Scotti…
Kuchta v. Opco, 2020 Nev. App. Unpub. LEXIS 549, 2020 WL 3868434 Court of Appeals of Nevada July 8, 2020, Filed No. 76566-COA Reporter 2020 Nev. App. Unpub. LEXIS 549 *; 2020 WL 3868434 Joseph Kuchta, an Individual, Appellant, vs. Sheltie Opco, LLC, A Nevada Limited Liability Company, d/b/a John Ascuaga’s Nugget, d/b/a Gilley’s Nightclub; and Wolfhound Holdings, Llc, A Delaware Limited Liability Company, Respondents. Notice: NOT DESIGNATED FOR PUBLICATION. PLEASE CONSULT THE NEVADA RULES OF…