Tabert Medical Group Case Summary

The Association alleged in its lawsuit that certain elements of the property were not constructed in a good and workmanlike manner including 1) failure to properly install and flash windows and other exterior penetrations; 2) properly caulk the exterior penetrations; 3) failure to properly install the weather resistive barrier; 4) failure to properly to install the stucco exterior; 5) failure to properly install the EIFS exterior and 6) failure to install brick exterior.

Background: Based on the given complaint, on the 28th of March in 2014 the Plaintiff, Linda D. Daugherty suffered an injury on the property of Rauleigh J. Ringer at 814 N. Liberty Street, Alexandria, IN. She is claiming her injury was a result of negligence spawning from the actions, or lack thereof, by Mr. Ringer and Casual Lifestyles Realty, Inc., in which the connection of these three parties has not been clarified with certainty within the claim. The Defendants, by counsel, Mark Maynard, and, pursuant to Rule 12(E) of the Indiana Rules of Trial Procedure, moved for a more definite statement of the Plaintiff’s Complaint. Mark Maynard argues if said Plaintiff could amend her complaint that is supposedly so vague and ambiguous, the newfound clarity would help the defense frame a response to said Plaintiff’s claim. No other information could be

She alleged from the time she has known of Mr. Arauz she never experienced anything unusual about him until his last day of work on October 12, 2016. She claimed that from what she is aware of, Mr. Arauz has never reported, demonstrated, exhibited, or complained about any reportable mishaps at work, which resulted in an injury. She said that the injuries which he is alleging were never brought to her attention by either Mr. Arauz or with any other co-workers who may have witnessed something else differently.

Ms. Yu claimed during her interview that she had no information to give as to the claimant’s evaluation, attendance and her past employment history. Furthermore, she had no information about the claimant’s medical history, injuries at previous employers, or any other work related injuries with this employer.

The claimant was involved in a serious work place injury on November 13, 2012. During the incident the claimant had a traumatic post left hip arthoplasty, muscle atrophy, knee surgery, and ultimately a left, below the knee amputation. In discussions with Attorney Larrabee he contends that the claimant has also sustained a specific loss regarding the right leg. As a result of the incident the claimant sustained a right lateral tibial plateau fracture, which was reduced with a plate and screw.

Due to the incident of 11/20/11, the plaintiff is alleging she sustained significant injuries as result of the insured operator’s failure to properly park the bus. Since the date of loss and over a three year period, the plaintiff had undergone multiple surgeries involving the neck, back, both knees and left foot. The plaintiff has been diagnosis with multiple herniated disc of the cervical spine requiring a discectomy, multiple herniated disc of the lumbar spine resulting in a spinal fusion, right & left medial meniscus and ACL tears requiring surgical intervention and a metatarsal fusion of the left foot. In addition to the aforementioned injuries, the plaintiff has experienced ongoing episodes of depression and incontinence. .

There has been an error in the court system. Apparently, the court has associated this date of injury with a different issuer. We have been in constant contact with the applicant’s attorney to correct this issue. The employer on the Application for Adjudication of Claim clearly listed Salinas Tallow Company, LLC as the employer, but for some reason, the court had a different employer listed. As soon as we fix this error, we will file a Notice of Representation. I will then file an Answer to the Application for Adjudication of Claim, specifically asserting our statute of limitation

He believes the claimant is embellishing her alleged claim, after she had been terminated as an employee on 2-21-15. He

The workers’ compensation claim detailed the circumstances surrounding an injury that he suffered while at work. He confessed that while working on the job site he sustained severe burns to his lower body. His duties on this day included that he make some repairs to a leaky fuel line. During this process fuel spilled onto his pants. Additionally while making repairs pieces of steel become caught on his pants. Lastly as Mr. Martinez attempted to use a torch to cut free pipe a spark ignited the fuel on his pants. This resulted in burns to his lower body. This injury resulted in him to miss having to miss a considerable amount time from work. He filed a workers compensation to replace part of his lost wages. The suit accused the defendants of failing to maintain a safe work site for its subcontractors and in failing to provide personal protective clothing, personal protective equipment, and firefighting equipment.

The claimant alleges that her current claim to her bilateral wrists, elbows, arms, shoulders, neck, and upper and lower back, resulted from a CT claim from her former employer The View Corporation. The claimant alleges the CT claim she filed occurred during the early months of 2012 when she worked at The View Sonic Corporation. She could not recall the dates of when the CT claim were.

Plaintiff further asserts that the Defendant breached its duty of care to her by: (1) “failing to fix a hazardous condition within a reasonable time;” (2) “failing to adequately warn plaintiff of a hazardous condition;” and (3) “otherwise failing to exercise reasonable and due care under the circumstances.” The Plaintiff is seeking compensatory damages in the amount of two hundred thousand dollars, plus interest and costs.

Our investigation combined with the Insured's two Supervisor’s, Ms. Levi and Ms. Mary Schweiger the claimant’s actual last day of work occurred on 10/16/2015 when the Claimant worked without any complaints of pain or discomfort as a result of his job as a PSR Agent. Ms. Levi alleged the Claimant called in sick on 10/16/2015 as Ms. Schwiger said the Claimant never returned to work on 10/17/2015.

On Thursday, November 9, 2017m at 10:45 a.m., the Investigator traveled to conduct an employer level AOE/COE investigation at the Insureds business; El Wester Lawn Mower Shop, located at 5663 York Blvd., Highland Park CA 90042-2550. We received two separate r/s’s from Mr. Fernando Rodriguez and Mrs. Cinthia Rodriguez. They confirmed the claimant’s full-time employment at their company as Certified Mechanic as of December 2012. They established that their company performs minor tune-ups on mini-bikes, mopeds, motorized bicycles that they charge $50.00; coupled with the repairs that they regularly perform on the lawn mower and other motorized gardening equipment. Mr. Rodriguez alleges on June 22, 2017, at 11:30 a.m., the claimant got through

Ms. Martin provided her r/s when she observed the claimant having a seizure next to her hospital bed. No account of a head injury was mentioned or found when claimant, Ms. Alcala, collapsed to the ground. Mr. Connelius confirmed he just arrived for work when he an employee informed him about Ms. Alcala's seizure. After assessing her medical condition, he found her to be unresponsive, at which time she was transported to a local hospital and has not returned to work.

As requested, I have reviewed the facts of the above-captioned file, along with the applicable law and summarized same in this memorandum. Mrs. Mary Smith suffered an injury to her right ankle in an automobile accident on 10/3/95. After surgery and months of rehabilitation, Mrs. Smith still suffers daily. I have researched the facts regarding a personal injury action against Paul Joseph, as well as a medical malpractice action against the medical providers.