Archive of posts filed under the Case Studies category.

LIABILITY INSURANCE AND INVESTMENT PROPERTIES

In 2009, the California Superior Court awarded an air-conditioning deliveryman $5,235,000 when the maintenance elevator he was riding in a San Francisco high rise made a sudden stop causing him to fall. The Plaintiff suffered a lower back injury requiring reconstructive spinal surgery resulting in his inability to return to work. Because the owner of the building had not insisted the elevator company come to assess the elevator, the jury found them 75% liable for the man’s injuries while the company received 25% of the blame.

The decision means that owners of investment property cannot delegate the responsibility to maintain their building in a reasonably safe condition. Now, owners can be charged with negligence even if their independent contractor failed to discover a defect in the property.

Owners of investment property need to maintain adequate liability insurance at all times. In this case, a back injury requiring surgery resulted in more than $5 million dollars in damages. Liability insurance is relatively inexpensive and the protection is well worth the premiums if a serious problem arises. Trustee services will guarantee your investment properties are well insured and managed by first-rate companies.

Columbo star, Peter Falk, is the subject of bitter conservatorship battle

Popular 1970´s television actor, Peter Falk, continues to find himself in a bitter conservatorship battle between his wife, Shera Falk, and his adopted daughter, Catherine. The star of the hit TV series, Columbo, was diagnosed with Alzheimer´s this past winter and has been under the constant care of his wife and caregivers in their Beverly Hills home. Now suffering from advanced dementia and unable to remember his multiple Emmy Award winning role, perhaps Mr. Falk has been spared this bitter blame-game that has gotten the attention of international media outlets.

A May 2009 article in the L.A. Times, reported that Catherine Falk had taken the witness stand in a conservatorship trail against her step-mother Shera after filing in December of 2008. Recovering from hip surgery earlier that fall, Catherine claims her step-mother refused to allow her and her sister, who was also adopted in Falk´s first marriage, to see their father. According to his wife, Catherine reportedly had a contentious relationship with her father that involved at least one lawsuit over outstanding education costs. Shera has placed a press release on PeterFalk.com stating that Catherine was an estranged child and had violated her father´s privacy by filing the public petition with the Los Angeles Superior Court. Mrs. Falk´s attorney told reporters that the motive for Catherine´s interest in her father´s estate was for the courts to decide.

On June 1st, 2009, a Los Angeles judge awarded Shera Falk with full conservatorship rights over the person and the estate of Peter Falk while granting 30 minute bi-monthly visitation rights to Catherine Falk. Attorney´s on both sides agreed to allow Catherine to visit her father at a neighbor´s home, unaccompanied by Mrs. Falk, since the ruling did not allow her to go into his private home. It is not clear what actions Catherine may take in the future to be closer to her father.

Resources:
Kim, Victoria. Relatives fight for conservatorship…, L.A. Times, May 28, 2009
MacCartney, Anthony. Columbo actor, Peter Falk, placed in conservatorship., The Huffington Post, June 1, 2009