Legal Question in Personal Injury in California
I signed a release of liability before getting on a segway and following the guide through the streets of a very busy city. He was reckless and drove way to fast, I couldn't keep up and fell behind. Therefore I did not hear his warning about a blind obstruction and I hit it while crossing a main intersection. I am permanently disabled as a result. The court deemed the release binding and claims I cannot sue the company, can I go after the reckless employee?
1 Answer from Attorneys
You may be able to, but you may also be prevented by the doctrines of issue preclusion or claim preclusion. The employee may also be covered by the release, depending on the language. You need an experienced personal injury and civil litigation attorney to review your case. If you were represented by counsel, you should also see a lawyer who handles legal malpractice cases. There may also be a government claims statute problem. This all adds up to: Consult with an attorney right away, or risk losing any potential claims you may have. Almost all lawyers who handle these matters will consult/evaluate for free.