High school graduation season is upon us. Already some local students have crossed the stage and moved their tassels. My own daughter graduated over the weekend. It was a joyful and emotional few days, full of fun and celebration. But we also took a few minutes to understand the risks that come w...
Schmidt, Sethi & Akmajian Blog
St. Paddy's Day Brings Increased DUI Enforcement. Be Smart.
One year of covid restrictions combined with loosening restrictions at restaurants and bars makes for a power keg of excitement as St. Patrick's Day arrives. Businesses are primed to welcome back customers, and patrons are ready for a little bit of fun and reconnection. But just as there is some ...
January 2019 Newsletter
Our January 2019 Newsletter has been released! We cover the following topics: 'Schmidt, Sethi & Akmajian Help Ring in the New Year.' 'Tips for Adding a New Driver to Your Auto Insurance' by Dev Sethi 'Has your Doctor Lost Their License in another State?' by Peter Akmajian 'When Does a Bar ...
Torts: Intervening Superceding Cause
Torts: Intervening Superceding Cause Dupray v. Jai Dining Services, 804 Ariz. Adv. Rep. 11 (App. Div. I, November 15, 2018) (J. Howe) DECISION BY INTOXICATED PERSON TO DRIVE MAY CONSTITUTE AN INTERVENING SUPERCEDING CAUSE TO DRAMSHOP LIABILITY Defendant Pedro Panameno consumed a fifth of bourb...
Civil Procedure: Pleading Negligent Entrustment
Verduzco v. American Valet, 741 Ariz. Adv. Rep. 22 (App. Div. I, June 21, 2016) (J. Thumma) NEGLIGENT ENTRUSTMENT CLAIM AGAINST VALET CO. PROPERLY PLED/VALET COS NOT EXEMPT FROM NEGLIGENT ENTRUSTMENT CLAIMS BASED ON PUBLIC POLICY/VALET COS HAVE NO GENERAL NEGLIGENCE DUTY TO THIRD PARTIES INJURED...
Torts: Govt’l Immunity DUI—Driver of Motor Vehicle
Fleming v. State of Arizona DPS, 716 Ariz. Adv. Rep. 17 (July 9, 2015) (J. Pelander) QUALIFIED IMMUNITY FOR DUI APPLIES ONLY WHEN DRIVER IS DRIVING OR IN PHYSICAL CONTROL Plaintiffs' decedent was seen weaving and driving far under the speed limit on Interstate 10. She was pulled over on an over...
Arizona Law: Courts Rule on Medical Marijuana, Improper Jury Instructions, Insurance Law and Public Records Requests
Since my last blog on Arizona law, there have been four new decisions from the Arizona Appellate Courts that have an impact on our personal injury law practice. Here is a quick summary of what you need to know: 1. Arizona law makes it a crime to have a prohibited drug in your system while drivin...
Arizona Law: Courts Rule on Attorneys' Fees, Insurance Law, Dog Bite Law and Qualified Immunity for Law Enforcement
Since my last blog on Arizona law, there have been five new decisions from the Arizona Appellate Courts that have an impact on our personal injury law practice. Here is a quick summary of what you need to know: 1. In a very messy procedural case involving a car accident, the Arizona Court of App...
Personal Injury Possibilities: Drunk Driving
Drunk drivers all everywhere out on the road, and most of the time there is a drunk driver on the highway that is not able to control his or her driving habits to the degree that is safe and responsible. Police are vigilant in looking for offenders who may be driving under the influence, but ther...
A DUI with Injury in Arizona
In Arizona there were 3,3533 DUI arrests in 2011, but when a drunk driver causes an injury or a death it can be one of the most devastating of all types of injury and death cases. It is hard to handle when an innocent person's life will be changed forever by another's irresponsible behavior. Alth...
Holiday Safety Tips
It's that time of year for fun, celebration and cheer, but it can also be a time for fighting traffic, bad weather and some over drinking. Kinerk, Schmidt & Sethi PLLC would like to offer you a few precautions and safety tips to help keep you protected when you go out on the road this holida...
New Year's Eve Safety Tips
Being Safe during your New Year's Eve celebration doesn't mean you can't have fun it just means be safe while doing it. You can choose to go out to one of the hotels and clubs for a big party or you could have an intimate party at home but no matter what you choose we hope you take some safety pr...
Bar Owner's Responsibility for Drunk Drivers
What are Dram-Shop Laws? Drunk drivers who cause personal injury to others are almost without question negligent and liable for their actions. After all, when someone who has been drinking gets behind the wheel of an automobile, their reckless behavior and poor judgment immediately puts others a...