Watch Your Step – Playing Golf on an Outdoor Course Necessarily Encompasses Risk of Encountering Irregularities in the Ground Surface
May 08, 2023 —
Kaitlyn A. Jensen & Lawrence S. Zucker II - Haight Brown & Bonesteel LLPOn April 27, 2023, the First District Court of Appeal issued an opinion in Walter Wellsfry, et al. v. Ocean Colony Partners, LLC (A165175, April 27, 2023) affirming summary judgment for a golf course owner on the grounds that the injured golfer’s lawsuit was barred by the primary assumption of risk doctrine. In doing so, the Court of Appeal found that outdoor golfers assume the risks associated with the topographical features of the course, including the risk of stepping on an inconspicuous tree root.
Recreational golfer Walter Wellsfry was walking from a tee box back to his golf cart when he allegedly stepped on a small tree root concealed by grass, causing him to fall into his golf cart in immediate pain. The ground consisted of mixed terrain, including a combination of grass, dirt, and sand. The tree root was estimated to be approximately 1.5 inches high by 1.5 inches wide. Believing he may have only sprained an ankle, Wellsfry continued the course and reported the incident to management. He later sued the golf course owner Ocean Colony Partners for negligence, claiming that the tree root was a “hidden obstruction” creating an unreasonable risk of harm to anyone who traversed the area.
Reprinted courtesy of
Kaitlyn A. Jensen, Haight Brown & Bonesteel LLP and
Lawrence S. Zucker II, Haight Brown & Bonesteel LLP
Mr. Jensen may be contacted at kjensen@hbblaw.com
Mr. Zucker may be contacted at lzucker@hbblaw.com
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Updated: Happenings in and around the West Coast Casualty Seminar
May 13, 2014 —
Beverley BevenFlorez-CDJ STAFFFor those who are attending the West Coast Casualty Construction Defect Seminar this week, the Construction Defect Journal has updated its list of concerts, sporting events, and museum exhibitions taking place in and around Anaheim. Whether you like to spend your personal time checking out a new band, or watching your favorite Angel slide into home, or perusing the local art museum, there is something to spark your interest.
***CONCERT VENUES***
THE HOUSE OF BLUES IN ANAHEIM
Live Band Karaoke
Wednesday, May 14th, 2014 Doors Open at 10pm / Show Begins at 11pm
Every Wednesday experience the excitement of singing your favorite song with a live band. Over 200 songs to choose from our massive collection of classics and current hits. Get down here and let your vocals roar. No Cover!
Rockin’ The Blues
Thursday, May 15th, 2014 Doors Open at 10pm / Show Begins at 11pm
Every Thursday night head down to The Voodoo Lounge and listen to the best local live blues band. This is the music that shaped American music and influences every genre we listen to today. No cover!
Alice in Cooperland with Sons of Cream and Iron Plaid
Friday, May 16th, 2014 Doors Open at 7pm / Show Begins at 8pm
Friday Night Live
Friday, May 16th, 2014 Doors Open at 10pm / Show Begins at 11pm
Every Friday night features live music in The Voodoo Lounge. One stage, weekly mind blowing performances. No cover!
Stephen "Ragga" Marley
Saturday, May 17th, 2014 Doors Open at 8pm / Show Begins at 9pm
Dance, Pop and Hip-Hop
Saturday, May 17th, 2014 Doors Open at 10pm / Show Begins at 11pm
Every Saturday night The Voodoo Lounge heats up with the sounds of DJ Matt Hill spinning across genres and getting the party started. No Cover!
For More Information on Events at THE HOUSE OF BLUES OF ANAHEIM...
THE GROVE OF ANAHEIM
Lindsey Stirling plus special guest Dia Frampton
Wednesday, May 14, 2014 Doors Open at 7pm / Show Begins at 8pm
Primal Fear
Thursday, May 15, 2014 Doors Open at 6:30pm / Show Begins at 7pm
Jillian Michaels 'Maximize Your Life' Tour
Friday, May 16, 2014 Doors Open at 6pm / Show begins at 8pm
For More Information on Events at THE GROVE OF ANAHEIM...
THE HONDA CENTER
2014 Powerhouse
Saturday, May 17, 2014 – Parking lot Festival 3pm – Show Begins 7pm
Power 106 presents Powerhouse with Performances by Nicki Minaj, TDE’s Schoolboy Q, Wiz Khalifa, Trey Songz, YG, Jennifer Lopez, Childish Gambino, Juicy J, Sage The Gemini, Isaiah Rashad, plus Special Surprise Guests and More!
For More Information and to Purchase Tickets for THE HONDA CENTER...
***SPORTING EVENTS***
ANGEL’S STADIUM - BASEBALL
The Los Angeles Angels of Anaheim v. Tampa Bay Rays
Thursday, May 15th at 7:05pm
Friday, May 16th at 7:05pm
Saturday, May 17th at 6:05pm
Sunday, May 18th at 12:35pm
For More Information and to Purchase Tickets for ANGEL'S BASEBALL...
THE HONDA CENTER – HOCKEY
Ducks v. Kings – Game 7 (If Necessary)
Friday, May 16th at TBA
For More Information and to Purchase Tickets for DUCKS' HOCKEY...
***MUSEUM EXHIBITIONS***
MUZEO
Transcending Trash: The Art of Upcycling
Apr 26 –Aug 31, 2014
Transcending Trash: The Art of Upcycling celebrates the transformation of throwaway objects into complex and colorful works of art.
African Exhibit On The Move (free)
May 7 –May 1, 2014
Photographer Dawn Harman has captured the spirit and energy of Africa through a series of limited edition images- each and every photo tells an extraordinary story.
Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 5 pm
For More Information on Events at MUZEO...
BOWERS MUSEUM (Santa Ana)
Beethoven: The Late Great
Feb 8 - May 18, 2014
In recognition of the 60th anniversary of the Philharmonic Society of Orange County and its 21st and final season of Dean Corey’s leadership, the Philharmonic Society will present a multi-season celebration of the major late works of Ludwig van Beethoven, including a celebratory exhibition at the Bowers Museum.
Soulful Creatures: Animal Mummies In Ancient Egypt
Mar 22 – June 15, 2014
Soulful Creatures: Animal Mummies in Ancient Egypt is the first major exhibition to focus on one of the most fascinating aspects of ancient Egyptian culture and religion—the mummification of animals.
Chuck Jones: Doodles of a Genius
Apr 26 - August 3, 2014
This exhibition contains original drawings, most never publicly displayed, including a section of 50 so‐called "Doodles," perhaps best described as coming from one artist's very far side.
The Lure Of Chinatown: Painting California's Chinese Communities
Apr 12 - August 31, 2014
The unique cultural customs, fascinating architecture, and rich aesthetic of the Chinese communities in San Francisco and Los Angeles inspired many 19th and 20th century artists.
Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm
For More Information on Events at BOWERS MUSEUM...
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Eleventh Circuit Finds No Coverage for Faulty Workmanship Claims
November 15, 2021 —
Tred R. Eyerly - Insurance Law HawaiiThe Eleventh Circuit affirmed the district court's grant of summary judgment to the insurer on the general contractor's claims for damages due to faulty workmanship. Tricon Dev. of Brevard v. Nautilus Ins. Co., 2021 U.S. App. LEXIS 27317 (11th Cir. Sept .10, 2021).
Tricon was the general contractor for a condominium project in Florida. Tricon hired a subcontractor to fabricate and install metal railings for the project. The subcontractor was insured by Nautilus under two CGL policies. The policies had endorsements to add Tricon as an additional insured.
The subcontractor fabricated some of the railings, but they had defects and damage. Further they were not installed properly and did not meet the project's specifications. Tricon found another manufacturer to fabricate new railings to satisfy the projects' requirements. Tricon agreed to pay the cost of removing the subcontractor's railings and fabricating and installing new ones. If submitted a claim to Nautilus to cover these costs.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Another TV Fried as Georgia Leads U.S. in Lightning Costs
June 26, 2014 —
Kelly Gilblom – BloombergGeorgia tops a shocking list: most likely place to have property damaged by lightning.
Georgia residents were reimbursed for $56 million of lightning-related damage in homes last year tied to more than 11,000 claims, according to a top-10 list from the Insurance Information Institute. Texas ranked second at $54.2 million.
Once lightning is “in the wiring, it’s electrifying anything connected to that,” John Jensenius, a lightning-safety specialist at the National Weather Service, said today in a phone interview. “Televisions, and even things like microwaves, they all have little chips in them so they all can get fried pretty easily.”
Lightning cost insurers $5,869 per claim in the U.S. last year, more than double the average in 2004, as homeowners added electronics such as computers and high-definition televisions. Still, the total expense for the industry declined 8.4 percent nationwide in that span, to $673.5 million in 2013, because better lightning-protection systems and fewer storms decreased the frequency of claims, the industry group said.
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Kelly Gilblom, BloombergMs. Gilblom may be contacted at
kgilblom@bloomberg.net
Bert L. Howe & Associates Returns as a Sponsor at the 30th Annual Construction Law Conference in San Antonio
January 13, 2017 —
Don MacGregor - Bert L. Howe & Associates, Inc.Bert L. Howe & Associates, Inc. is proud to join with the Texas Institute of CLE, and return for the third year as a sponsor and exhibitor at the 30th Annual Construction Law Conference to be held March 2nd & 3rd, 2017 at the La Cantera Resort and Spa in San Antonio.
With offices in San Antonio and Houston serving all of Texas, Bert L. Howe & Associates, Inc. (BHA) offers the experience of over 20 years of service to carriers, defense counsel, and insurance professionals as designated experts in nearly 6,500 cases. BHA’s staff encompasses a broad range of licensed and credentialed experts in the areas of general contracting and specialty trades, as well as architects, and both civil and structural engineers, and has provided services on behalf of developers, general contractors and sub-contractors.
BHA’s experience covers the full range of construction and construction defect litigation, including single and multi-family residential (including high-rise), institutional (schools, hospitals and government buildings), commercial, and industrial claims. BHA specializes in coverage, exposure, premises liability, and delay claim analysis as well.
As the litigation climate in Texas continues to change, and as the number of construction defect and other construction related cases continues to rise, it is becoming more important for contractors and builders to be aggressive in preparing for claims before they are made, and in defending against those claims once they are filed. Since 1993, Bert L. Howe & Associates has been an industry leader in providing construction consulting services, and has been a trusted partner with builders and insurance carriers, both large and small, across the Western and Southern United States. Here in Texas, we have been providing construction defect and construction-claims related forensic expert services for the past decade with a proven track record of successful results. To-date, we have participated in the successful defense of claims involving thousands homes here in Texas alone.
For those of you planning on attending the conference, or those who may know someone who will be, we encourage you to stop by the BHA booth and we welcome the opportunity to discuss further the broad range of services provided by BHA.
For your convenience, here is a link to the information page for the 30th Annual Construction Law Conference: https://www.clesolutions.com/store.aspx?categoryid=2
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Don MacGregor, Bert L. Howe & Associates, Inc.Mr. MacGregor may be contacted at
dmac@berthowe.com
Is New York Heading for a Construction Defect Boom?
March 12, 2015 —
Beverley BevenFlorez-CDJ STAFFThe New York Times reported that “[t]here is growing concern that some developers are repeating the mistakes of the last housing boom and delivering substandard product.”
“My phone is ringing already on projects that were just completed,” Steven D. Sladkus, a Manhattan real estate lawyer who says his firm has dozens of active construction defect cases, told the New York Times. “Uh-oh, here we go again.”
Recent data shows a rising trend of building plans in New York: “Last year, the city issued construction permits for 20,300 units of housing, according to the Real Estate Board of New York. And the state attorney general’s office received submissions for 263 offering plans for condo conversions and new construction in 2014, up from 184 in 2011. Those numbers will most likely grow in 2015, encouraged by Mayor Bill de Blasio’s push to build more housing.”
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Court Confirms No Duty to Reimburse for Prophylactic Repairs Prior to Actual Collapse
October 28, 2015 —
Christopher Kendrick & Valerie A. Moore – Haight Brown & Bonesteel LLPIn Grebow v. Mercury Insurance Company (No. B261172, filed 10/21/15), a California appeals court held that coverage for collapse in a homeowners policy does not extend to prophylactic repairs undertaken to mitigate damage before actual collapse of the structure.
In Grebow, the insureds had a general contractor inspect the rear deck of their house because of recurring watermarks. The contractor discovered severe decay in the steel beams and poles supporting the second floor of the house. He opined that they could not support the upper portion of the house, and that a large portion of the house would fall. A structural engineer agreed, blaming decay and corrosion. The insureds were advised not to enter the top part of the house, and they contracted for repairs. They also made a claim to Mercury, which denied coverage. The insureds ultimately spent $91,000 out of pocket having the home remediated.
Reprinted courtesy of
Christopher Kendrick, Haight Brown & Bonesteel LLP and
Valerie A. Moore, Haight Brown & Bonesteel LLP
Mr. Kendrick may be contacted at ckendrick@hbblaw.com
Ms. Moore may be contacted at vmoore@hbblaw.com
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Court Says No to Additional Lawyer in Las Vegas Fraud Case
October 14, 2013 —
CDJ STAFFLeon Benzer, who has been accused of being one of the masterminds of the Las Vegas HOA scam, has been denied in his bid to add an additional attorney to his publicly-funded defense. Daniel Albregts, Benzer’s court-appointed attorney, made the request due to the large amount of evidence in the case. Federal prosecutors have provided the defense with more than 3.4 million pages of documents. According to U. S. Magistrate Judge George Foley Jr., “defendant’s counsel should be able to prepare and provide an adequate defense with the assistance of appropriate paralegal and other support services.”
Mr. Albregts is currently assisted by Russell Aoki, whose role is that of technical consultant on matters regarding electronic distribution. Federal prosecutors opposed Mr. Albregts hiring Franny Forsman, a former federal public defender. Had Ms. Forsman been hired, the government would have paid $110 per hour for her services. The government is seeking $25 million in restitution from Mr. Benzer.
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