In Rupp v. Moffo, LeBaron & Jensen defended the rights of a single mom against the Chapter 7 Bankruptcy Trustee who was trying to stick her with a debt that she did not owe. See Summary below. Stephen W. RUPP, Trustee, Appellee, v. Angie MOFFO, Appellant. Case No. 20130377. Decided: August 14, 2015 Angie Moffo lived rent free for eight years in a home owned by her brother-in-law, Doug Rich. After Rich filed for Chapter 7 bankruptcy, the appointed bankruptcy trustee, Stephen Rupp, filed suit against Moffo for back rent under Utah’s Uniform Fraudulent Transfer Act, asserting that Rich had defrauded his creditors by allowing Moffo to live in the house rent free after he became insolvent. The district court concluded that Moffo was the recipient of a fraudulent transfer and entered a $34,200 judgment against Moffo. The Supreme Court vacated the judgment entered against Moffo, holding that Rich did not transfer an asset to Moffo within the scope of the Act because the home was fully encumbered by a mortgage, and any rents were not the property of Rich. Remanded with instructions to enter summary judgment in favor of Moffo.
DMV.org states that 9 people in the United States die daily due to accidents caused by distracted driving. Driving is dangerous enough without the multitude of distractions available to people at any time. Most states have outlawed cell phone use while driving, due to the exorbitant amount of accidents caused by cell phone use. Although cell phones are the first thing we think of when we think about distracted driving, they are not the only causes.
Causes of Distracted Driving
Distracted driving consists of anything that diverts your attention from the road. Even reading billboard advertisements or playing road trip games can distract the driver. Here are some of the most common causes of distracted driving:
- Eating or drinking while driving
- Messing with the stereo or GPS
- Talking or texting on a cell phone
- Talking with passengers in the car
- Putting on makeup while driving
Any non-driving activity can serve as a distraction, which can endanger both you and others on the road. Take care to avoid distracted driving, drowsy driving, and especially drunk driving. There can be severe consequences for causing an accident due to your own inattention or negligence.
Just because a device is hands-free, or even installed by the manufacturer, does not make it safe to operate while driving. Your whole concentration should be on the road the entire time while operating a vehicle. If you’ve been the victim of an accident caused by distracted driving, you should seek legal counsel to pursue a case.
Make sure to always watch for other vehicles and stay clear of situations that might lead to an accident. Defensive driving is the best way to prevent accidents, but it isn’t always enough. If you need superior legal representation in a personal injury case, contact LeBaron & Jensen today!
A nursing home is legally required to provide a certain standard of care to its residents. When these standards aren’t met, they can result in serious issues. This can lead to injury, emotional withdrawal, illness, and even death. Knowing about nursing home negligence can help you spot the signs and keep your loved ones safe.
Types of Negligence
Negligence can result from many things. These things can include:
- Failing to respond appropriately to a resident’s requests or complaints
- Failing to provide food or medication at the necessary times
- Not providing adequate water to the resident
- Leaving a patient unattended when they require supervision
- Not screening visitors to the nursing home
- Direct abuse to the resident
- Failure to aid in maintaining adequate hygiene practices
- Unsafe premises
- Negligent hiring practices or insufficient training and supervision of employees
Signs of Negligence
Familiarizing yourself with the signs of negligence can help you discover it before your loved one is harmed. These signs are easier to notice when the nursing home is near the resident’s family, because the signs tend to be physical. Common signs of nursing home negligence include:
- Sudden weight loss
- Injuries caused from falls
- Withdrawn behavior
- Changes in hygiene or appearance
- Lack of friendly interaction with other residents or staff
- Environmental hazards or unsafe premises
Nursing home negligence can be subtle. Keeping an eye out for these signs can help you protect your loved one, especially when they are not able to care for themselves.
There is a significant different between nursing home negligence and abuse. Abuse implies the intent to cause harm to the resident. Though nursing home abuse is a type of negligence, negligence includes other aspects that can result in harm to the resident.
There is a time limit on nursing home negligence cases. This varies from state to state, but is typically within 5 years of the time of injury or 3 years from when the injury was discovered. If you are involved in a nursing home negligence case, you should seek legal counsel. Contact us at LeBaron & Jensen to procure superior legal representation.