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Hi everyone,
I am looking for a job, in operations or project management background.
I have a total experience of 13 years, my last job was an assistant manager with concentrix.
Any help would be highly appreciated.
You can call me at 9632038124 or email me at Naren_306@live.com.
Regards,
Naren Sadarangani
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1. Would-be defendant filed the complaint???
2. Dec judgment asking court to determine pre-existing? Never in my life have I heard of this. Absolutely for jury to decide.
This whole post is very confusing
Yes, this is why I’m confused LOL. Basically my guy had a broken rib, but he went to the doctor a week before this incident also with a broken rib. I get that it’s suspicious, but the records actually show he has another broken rib after the incident.
So, the defendant filed a complaint for declaratory action being like the broken rib at issue here is documented a week before the incident.
All of this to say, I’m thinking my best bet is like a 12(b)(6) motion to dismiss on the basis that this isn’t at all something the court can decide on a declaratory action and dismiss it so I can file the complaint? I am going to review this with the partner obviously but they asked me to draft something and so far I’ve drafted an answer that includes a counterclaim (which is just my entire complaint) and it doesn’t seem right or efficient
I don’t think a counterclaim would be the way to go. I agree that your initial complaint should set the stage. I would think an opposition to their declaratory judgment with a certification/affidavit of the medical records showing the second broken rib would help.
Also, your client would be the Defendant AND Counter-claimant. And the tortfeasor would be Plaintiff and counter-defendant. Get the labels right.
Just answer and proceed with the declaratory judgment and then if the court agrees that there’s factual disputes to then file the whole suit. Filing it as a counterclaim just seems to foil the purpose of a declaratory judgment
Sorry that was confusing. My guy is alleging he broke his rib in a slip and fall at the defendant’s property. He had gone to the doctor a week prior, for chest pain, and his scans showed a broken rib. Defendant is saying that this scan proves his broken rib didn’t occur at their property. However, post-incident Medicals show another broken rib. It’s very bizarre but this also is made more complicated by the doctors’ poorly noting the records when exactly each rib fracture occurred. Apparently it can be hard to tell, and apparently the second broken rib could have been there on the first scan or not. Can’t rly get more info from the doctors at this stage
And lastly - OC is notorious for being sloppy and inaccurate. So it doesn’t surprise me that this is clearly not a proper issue to be resolved by a declaratory action. I’m just trying to determine the best way to respond to it
As an aside, How did OC obtain the medical records of the first broken rib?
A hipaa authorization for medical records from the facility. He was trying to resolve this matter on his own.
I think the issue is whether your client’s claim against the tortfeasor is a compulsory counterclaim. If it is, and you don’t timely file the counterclaim, then your client’s claim would be barred. In my jurisdiction, the court could find your client’s claim is a compulsory counterclaim because it arises from the same transaction or occurrence as the declaratory relief action.
The information in this comment is general information purposes only and should not be construed as legal advice. Don’t rely on anonymous comments on FB. DO YOUR OWN RESEARCH PLEASE, OR CONSULT AN ATTORNEY LICENSED TO PRACTICE IN YOUR JURISDICTION.
Is that procedure common? To get a declaratory judgment that an injured party can’t sustain a negligence claim? I’ve never heard of that.
Declaratory judgments are supposed to define the rights of parties before an injury occurs. Your injury has already occurred…..
I would work on affidavit from medical provider relating injury to accident or at least aggravation to submit against motion for declaratory judgment
I don’t think the DJ has anything to do with your complaint - it’s not deciding if the accident happened. I would file suit on my own and then oppose the DJ action. Without an IME or film review - this cannot be determined at this point. Also I would argue serious injury threshold
Has to be decided before a jury ….
Pro
If you take that approach, you would also need to file a notice of related cases and ensure that they are assigned to the same judge. The judge may consolidate the actions. The reason for the notice of related cases is to ensure that there would be no possibility of inconsistent rulings. For example, if one court finds the injury to be preexisting and the other goes the other way, it’s going to be a problem. But filing a separate action and then a notice of related action would be a fine way to go about it. I would, however, still be concerned about the timeliness of the separate action and the consequence of not bringing it as a counterclaim. But I guess it depends on the case law in your particular jurisdiction as to whether the PI suit is a compulsory counterclaim in this particular scenario.