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Ask rvlaw Your Own Question
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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What is the next step of due process on a slip and fall ...

Resolved Question:

What is the next step of due process on a slip and fall case were servere injury (shattered elbow-) is at hand.,but because the appeal was lost. It''s against Safeway were they are sweeping this under the rug- Need help!!!!!!!
Submitted: 9 years ago.
Category: Legal
Expert:  rvlaw replied 9 years ago.


Please clarify.

1. You brought a suit and lost after trial?

2. If so, have you filed a notice of appeal?

3. IF neither 1 nor 2............what are the facts and circumstances and where are you in the legal process?


Customer: replied 9 years ago.
1-no trial it didn'teven make it to that phase-
written summery judgement in our favor-three days later oral overturned it-
2-we appealed and lost
3- Fact the case is nowhere
Expert:  rvlaw replied 9 years ago.


The defendant lost his summary judgment motion; then that decision was overturned and the case was dismissed. You appealed the dismissal and lost. The only thing you can do is to appeal to a higher court. BUT your ability to do so is dependent on whether such appeal is allowed by statute at this time. Has your attorney looked into that?


Customer: replied 9 years ago.
What is the next higher court?
And we need to cut bait w/him-
The statue is still good considering the ruling from appeals was just two weeks ago-
Customer: replied 9 years ago.
Whatkind of lawyer does that kind of higher court process-
Expert:  rvlaw replied 9 years ago.

If you lost in the Court of Appeals, the next step would be to request permission to appeal to the highest court of CA...the Supreme Court....which only accepts a limited number of cases...usually cases where there are differing decisions on a legal issue among the various courts of appeals in the state, or when one of the 3 judges in the court of appeal disagreed with the other 2 and wrote a dissent. If your lawyer is dragging his feet...change lawyers. You must have an appellate court expert

If you give me your nearest large city (Oakland?), I will get you a link to a directory we lawyers use to find highly qualified legal specialists in various fields at locations world wide. These lawyers are in the directory because they were rated as qualified by other lawyers in their field of expertise and geographic area.


Customer: replied 9 years ago.
You wouldthink that the video tape was in our favor but Safeway said it was destroyed-
Expert:  rvlaw replied 9 years ago.
rvlaw and 2 other Legal Specialists are ready to help you