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Articles Posted in Car Accidents

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California Court of Appeal Affirms Strict Adherence to Jurisdictional Restrictions in Appeal from Car Accident Case

In an appeal stemming from an automobile accident, the California Court of Appeal addressed procedural issues of jurisdictional deadlines following service of notice of entry of judgment.  This appeal centers on a rear-end automobile accident case. The plaintiff, Ms. Keely Maroney, turned right and “double parked” while her passenger used…

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California Court of Appeals Holds Plaintiffs Entitled to Costs of Proof Due to Defendants’ Failure to Admit Requests for Admissions

A recent case before the California Court of Appeal addressed whether it was reasonable for the defendant to reasonably believe he would prevail at trial on the issue of liability stemming from a car accident. While the defendant claimed he entered an intersection during a yellow light, the plaintiffs and…

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California Court of Appeals Reverses Judgment in Case of Insurer Bad Faith Following Car Accident

In a recent case before the California Court of Appeal, the court addressed an issue of the “bad faith” pursuit of an insurance claim.  Bad faith claims refer to tort claims against an insurance company for acting illegally, performing a bad act, or failing to act in good faith. In this…

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California Court of Appeals Reverses Dismissal of Vehicle Accident Case as Forum Issue Remains Unsettled

The California Court of Appeal recently reversed an order dismissing a case involving a bus accident on Highway 101 in Monterey County. The issue before the court in this case centered on where the action should be tried. The accident led to a consolidated action brought by the passengers or…

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California Court of Appeals Holds Evidence of Pretrial Settlement Between Plaintiff and One of Two Defendants Should Have Been Admitted at Trial

In a personal injury lawsuit before the California Court of Appeal, the court addressed the trial court’s exclusion of evidence concerning a pretrial settlement between the plaintiffs and the taxicab company. In this case, a taxi passenger, Christine Diamond, was injured during a vehicle collision with another car. Mrs. Diamond and…

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California Appeals Court Remands for New Trial in Car Accident Case Involving Issues of Credibility

In a case involving a car accident during a test drive, the California Court of Appeals addressed whether alleged cumulative evidentiary errors during trial and attorney misconduct resulted in prejudice to the defendant. Kenneth Gonsalves, a BMW salesperson, was a passenger in a vehicle driven by Ran Li. Mr. Li was test-driving a vehicle…

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California Court of Appeals Rules on Liability of Motor Carrier for Negligence of Contract Driver

The California Court of Appeals addressed whether a motor carrier responsible for transporting goods across the country can be held liable for the negligence of an independent contractor driver. The facts of this case center on an automobile accident involving a tractor-trailer.  Mr. Villalobos was driving the tractor-trailer, and Mr. Vargas…

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California Court of Appeals Rules on Noneconomic Damages and Prejudgment Interest in Car Accident Case

In a recent case certified for publication in part, the California Court of Appeal held that the prejudgment interest should apply only to damages in a personal injury lawsuit, and not to costs. The court also rejected the defendant’s claims of error concerning the jury instruction and the alleged misconduct…

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California Court of Appeals Holds that Defendant Passenger is Intended Beneficiary of Executed Release

In this case, the plaintiff, Mr. Cline, suffered severe injuries when his motorcycle collided with a car driven by a teenager with a provisional license. Mr. Cline and the driver (and his parents) settled for the limit of their insurance policy, $100,000.00. Mr. Cline then executed a release, effectively releasing…

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California Court of Appeals Upholds Finding that Defendant’s Negligence was not Substantial Factor in Plaintiff’s Injuries

In a recent California Court of Appeal case, involving a vehicle collision, the court affirmed the jury’s verdict that only one of the two defendants’ negligence was a substantial factor in the plaintiff’s injuries. In this case, two vehicles collided in an intersection in Fountain Valley. The traffic light was turning…

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