In a lawsuit following a motor vehicle collision, the injured plaintiffs were awarded compensation for their medical costs, lost wages from work, and general damages. At the time of the collision, the plaintiffs had been acting in the course of employment, and were also awarded workers’ compensation benefits. The main…
The California Court of Appeal recently issued a judgment affirming a lower court’s judgment against a plaintiff in a personal injury lawsuit. Following a motor vehicle collision in San Diego, the plaintiff brought personal injury claims against the County. The trial court issued a minute order that determined the plaintiff…
In an unpublished opinion, a California Court of Appeal held that the owner and manager of a bar was not responsible for the death of a woman who had been served alcohol and allowed to drive home while intoxicated. In reaching this conclusion, the court affirmed the lower court’s decision to…
On appeal, the California Court for the Fourth Appellate District addressed whether a temporary employee had acted within the scope of his employment when he caused a motor vehicle accident that killed one victim and seriously injured another. Under the legal doctrine of respondeat superior, an employer may be vicariously…
The California Court of Appeals recently addressed whether a van that had been provided to an employee for business use was covered by that employee’s personal automobile insurance. This issue was central to the lawsuit brought by a car accident victim injured by the employee while she was driving the…
In a recent unpublished opinion, the California Court of Appeals analyzed whether an auto insurance company had breached its duty of care to a husband and wife who believed they had purchased liability insurance for “everything,” including excess uninsured/underinsured motorist (UM) coverage. The issue was whether such a duty exists,…
The California Court of Appeal recently issued an unpublished opinion setting forth the elements of a negligence claim in order to assess whether summary judgment had been properly granted in favor of the defendant tow truck company. The pertinent facts of this case center on whether the towing company had…
The California Court of Appeals recently issued an opinion in favor of plaintiffs pursuing damages following a motor vehicle crash. The choice of law issue in this case centered on whether a California tour bus dealership was subject to Indiana law, the location of the tour bus manufacturer, or California law. Noting that…
The California Court of Appeal, Fourth Appellate District recently issued an unpublished opinion in an appeal taken from a personal injury case following a car accident involving a leased vehicle. The issue before the court was whether the individual who had leased the vehicle (a “lessee”) could recover damages for the “diminished value”…
As of January 1, 2017, drivers throughout California are prohibited from driving and holding their cell phones. The bill, AB 1785, was signed by Governor Jerry Brown in September. According to the law, drivers are prohibited from holding a cell phone and operating their vehicle for any reason, including texting, talking,…