The California Court of Appeal recently reversed a judgment in favor of the family of a pedestrian killed by the driver of a truck while crossing the street in a crosswalk in the City of Atwater. The pedestrian’s family sued the driver and the City, alleging negligence and liability under…
Articles Posted in Car Accidents
California Court Determines Substantial Evidence Supported the Jury Verdict When Driver’s Failure to Properly Observe Intersection was not Negligent as a Matter of Law
Recently, the California Court of Appeal upheld a jury verdict finding that the defendant was not negligent in a two-car vehicle accident in which the plaintiff was injured. The appellate court looked at precedent to conclude that negligence remains a question of fact, and when the evidence demonstrates that the defendant…
California Appellate Court Upholds Reasonable Value of Medical Services for Uninsured Victim of Car Accident
Recently, the California Court of Appeal reviewed an appeal involving a personal injury plaintiff’s damages for past medical expenses. At issue was the reasonable value of medical services received by the plaintiff, who, at the time of the underlying motor vehicle accident, was uninsured. The court narrowed their decision, abiding…
California Court Affirms Judgment in Favor of Defendants Because Plaintiff’s Injuries From Multiple Car Accidents Had Healed, and Ongoing Medical Issues Were Unrelated to Accidents
In a personal injury lawsuit following two motor vehicle collisions, an injured plaintiff appealed the jury’s award of damages. A California Court of Appeal, in an unpublished opinion, upheld the jury award for past pain and suffering, with no future economic or noneconomic damages awarded. The court focused on the fact…
California Appellate Court Rejected Car Owner’s Claim that Insurance Company Breached Duty By Repairing Vehicle and Not Compensating for Decline in Value After Vehicle Accident
Recently, a California Court of Appeal reviewed a lower court’s decision in favor of an automobile insurance company regarding coverage for vehicle damage resulting from a collision. The facts of this case are particular in that the vehicle at issue was parked at the time of the accident. The appellate court reviewed the car owner’s…
California Court of Appeal Upholds Cancellation of Car Insurance Policy Before Car Accident; Plaintiffs’ Claims for Breach of Contract and Breach of Implied Covenant of Good Faith and Fair Dealing Fail
The California Court of Appeal for the Third Appellate District recently affirmed summary judgment in favor of an automobile insurance company that denied uninsured motorist coverage to an individual, a third-party beneficiary, who was injured in a car accident. In this case, the insurer claimed that it canceled the liability policy before…
California Court Holds Target Corporation Not Liable When Employee Left Work and Caused Fatal Car Accident Because Plaintiffs Failed to Show Employee’s Drinking and Resulting Accident Was Foreseeable Occurrence
Recently, the California Court of Appeal, Fourth Appellate District, issued an unpublished opinion in a wrongful death lawsuit brought by the family of two individuals struck and killed by an intoxicated Target Corporation employee after working hours. The issue was whether the lower court had properly held that the defendant’s employer,…
California Appellate Court Reverses Judgment in Favor of Injured Pedestrian, Holds Employer not Liable for Employee’s Tortious Conduct on Commute Home from Work
In a recent opinion, the California Court of Appeal, First Appellate District, held that the employer of an at-fault defendant driver could not be held liable for injuries sustained by a plaintiff injured in a motor vehicle collision. The appellate court reviewed the jury’s finding that the employer was liable…
California Appellate Court Holds Jury Reasonably Rejected Plaintiffs’ Accident Claims, Based on Finding that Testimony was not Credible
Recently, a California appellate court addressed whether a jury reasonably rejected a plaintiff’s testimony and concluded there were no injuries in a motor vehicle collision. The parties had stipulated to the defendant’s negligence as the cause of the collision. The issues at trial centered on the nature and extent of the…
California Court Holds Injured Driver Had Not Shown Dangerous Condition Posed by Construction Site Nor Had He Presented Evidence of Negligence
In an appeal before the California Court of Appeal, Sixth Appellate District, the appellate court reviewed a grant of summary judgment in favor of the California Department of Transportation (Caltrans) and a construction company for negligence related to a car accident. The court reviewed the admissible evidence submitted by the…