Ken Fulginiti

August 12, 2020 | The Legal Intelligencer

The Occupational Safety and Health Administration (OSHA) administers the Occupational Safety and Health Act, created in 1971 to ensure employees are provided a safe workplace. OSHA is the administrative arm of the Department of Labor and may investigate certain workplace accidents.

By Ken Fulginiti and Sarah F. Dooley

8 minute read

August 21, 2017 | The Legal Intelligencer

When conducting discovery in personal injury matters that arise from construction accidents, the discovery requests, like in other matters, dictate the documents received. However, the difference is that with a construction project, there are a number of documents, areas of inquiry, and file materials that are important in an attempt to establish your claims against the owner or various contractors, but if not properly requested, they may not be produced. If the request is too broad (i.e., the construction file), you will be faced with an objection that the request simply seeks every bill, receipt, invoice, subcontract, etc., and many documents that have absolutely nothing to do with the issues in your litigation. If the request is too specific, and if you do not ask for the materials the correct way, you may not receive them (i.e., produce JSAs; response "none"—unbeknownst to the requesting party, the contractor did not use JSAs, they used JHAs (see below)). When pursuing a premises liability case, motor vehicle accident case, a dog bite case, etc., the world of documents is much smaller and less particularized. However, there are a number of areas that should be explored in a construction accident case, depending upon the type of accident. The intent of this article is not to identify every single document, as the requests are case specific. Nevertheless, some documents should be requested in all cases, such as all contracts, subcontracts, scopes of work, change orders, safety manuals, accident reports, and photographs, while keeping in mind there are many, many more materials to request.

By Ken Fulginiti

15 minute read

June 18, 2013 | The Legal Intelligencer

When evaluating liability in a car accident case, it is important to have knowledge of and access to the available tools — the rules of the road.

By Ken Fulginiti

10 minute read

June 24, 2013 | Texas Lawyer

When evaluating liability in a car accident case, it is important to have knowledge of and access to the available tools — the rules of the road.

By Ken Fulginiti

9 minute read