Simon & Lupo

Personal Injury

Recovery by Guest in Automobile Cases
A "guest" in an automobile is a person who rides in an automobile driven by another person for his own pleasure or business without paying the driver or conferring any benefit on him. If the guest is injured while riding in the driver's automobile, he may be permitted to recover for any injuries that he suffers. His recovery will depend on whether or not a "guest statute" applies in the jurisdiction. More...
Federal Jurisdiction in Recreational Boating Accidents
When a recreational boating accident occurs, the first determination that must be made is whether a federal court or a state court has jurisdiction over a lawsuit that is filed with regard to the accident. More...
Defense of Property
Generally, a person has a legal right to use reasonable force to prevent the commission of a tort (such as trespass or conversion) against his or her property. Therefore, if a person uses force to prevent the commission of a tort against his or her property and he or she is sued for assault, battery, or another intentional tort, he or she may claim defense of property as a defense to the action. A person is required to make a request to desist before using force to defend his or her property unless such a request would be futile or dangerous. More...
Contribution and Indemnity
When a plaintiff is injured by two or more defendants' tortious acts that join to cause the injury, each defendant is "jointly and severally liable" for that injury. This means that the plaintiff may recover the entire amount of damages from any of the defendants. The defendants, in turn, may seek contribution or indemnity from each other. More...
Tort Action for Interference with a Right to Vote or to Hold Office
Under the common law, a person commits a tort when he or she intentionally deprives another person of his or her right to vote or of his or her right to hold office. A person also commits a tort when he or she seriously interferes with the other person's right to vote or to hold office. A person who commits this tort is liable to the other person for damages. More...

Areas of Practice

  • Acquisitions and Divestures
  • Administration of Estates
  • Adoption Law
  • Annulment
  • Auto Accidents
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