In a recent case before the California Court of Appeal, the court addressed a plaintiff’s allegations of error concerning the trial court’s exclusion of evidence in her single-vehicle personal injury lawsuit. The court analyzed whether the plaintiff had met the elements of showing that a dangerous condition of public property existed…
Following a motor vehicle collision, the plaintiffs took inconsistent positions regarding the damage to their vehicle. In a recent decision, the California appellate court affirmed the lower court’s judgment in favor of the insurance company. Not only did the court find that evidence had been properly excluded regarding whether the…
In a recent case before a California appellate court, the issue on appeal was whether there remained triable issues of material fact concerning whether an intersection where an accident took place constituted a dangerous condition of public property. Dangerous conditions of property exist when property is defective or damaged in…
At issue before the California Court of Appeal recently was whether there had been a settlement in a personal injury lawsuit, and if there had, whether the plaintiff showed good cause to prevent the dismissal of the case. The appellate court held the parties had not reached a settlement, and any unresolved…
A proposed bill to be considered by California lawmakers will allow bicyclists to yield at stop signs, as opposed to coming to a complete stop, provided there is no oncoming traffic. Assembly Bill 1103, is based on the “Idaho Stop” law that permits bicyclists within that state to treat stop…
In a recent California appeal, a plaintiff in a personal injury lawsuit following a motor vehicle collision argued that the trial court should not have admitted certain portions of the defendant’s medical expert’s testimony. Since the issues to be determined by the jury included negligence and causation, on appeal, the plaintiff…
In a recent opinion, the California Court of Appeals held it was a question of fact for the jury as to whether an employee was on a business errand while commuting, and as a result, whether the employer could be liable for injuries to a motorcyclist struck by the employee…
In an unpublished opinion, the California Court of Appeal affirmed a decision to refuse to recognize a child’s cause of action for loss of parental consortium. Loss of consortium is a claim for damages asserted by a plaintiff, typically a spouse or family member. The claim refers to the loss of emotional care, affection,…
In a recent case before the California Court of Appeal, the court held that the lower court had appropriately ruled in favor of the defendant in a personal injury and property damage claim. In fact, the appellate court determined that the trial court had not erred in dismissing the plaintiff’s…
Following a tragic accident involving a vehicle undergoing repairs, a plaintiff in a personal injury lawsuit received a favorable judgment from the California Court of Appeal recently. The appellate court reversed the lower court’s dismissal of his complaint based on a general release he had signed, immunizing the defendant from liability.…