In a recent case before the California Court of Appeal, the court addressed whether an insurance policy exclusion applied in a case of a regularly used non-covered vehicle. Typically, insurance policies provide coverage for non-owned, occasionally used vehicles. Most policies exclude coverage for the regular use of vehicles not included…
In a California Court of Appeal case, the court addressed whether an employer was liable for an employee’s car accident under the “special errand” exception to the rule that an employer is not liable for an employee’s negligent and wrongful acts if they are committed while going to and coming…
In a recent case, the California Court of Appeal addressed the issue of how to assess economic damages, such as medical expenses, in auto accident cases. Proving the amount of damages in an automobile accident can be complex. In this particular case, the court excluded evidence relating to the amount…
In an opinion regarding the definition of “accident” under an automobile insurance policy, the California Court of Appeal held that two negligent acts that proximately cause one accident are considered one accident for insurance policy purposes. The court relied upon common sense and the reasoning that if a time lapse…
In a recent case before the California Supreme Court, the issue centered on government liability for injuries caused by a dangerous condition on property. Government Code section 835 provides that a public entity can be held liable for an injury if that injury is proximately caused by a dangerous condition on its…
In a personal injury lawsuit stemming from a rear-end motor vehicle accident, the California Court of Appeal addressed the type of evidence that can be used to prove the value of medical services received. A trucker and his passenger were injured in a collision, and the court held that their…
In a California Court of Appeals case involving the admissibility of evidence, the court addressed the role of testimony concerning a car accident victim’s marijuana use. The issue on appeal was whether the jury had been swayed to assign partial negligence to the victim after hearing evidence of his medical marijuana prescription.…
In a case before the California Court of Appeal, the court addressed whether the plaintiffs were entitled to a new trial based on improper trial testimony regarding causation. This case involved a multiple-vehicle crash on a multi-lane freeway, leading to a personal injury lawsuit for damages. The court acknowledged the improper…
In a case before the California Court of Appeal, the court addressed whether an injured passenger can recover from the driver at fault under a “resident exclusion” in the driver’s automobile insurance policy. The driver and passenger were unrelated but lived together, and the insurance company attempted to deny coverage…
In a recent appeal, the California Court of Appeals determined that a restaurant operator has a duty to warn patrons leaving the premises when a right turn is required to be made when exiting the restaurant. The court addressed issues of premises liability and the duty owed by a landowner when patrons…