Recently, a California Court of Appeal addressed the issue of whether the California Workers’ Compensation Act barred a negligence claim brought by an injured employee against his employer for negligence. In this opinion, the appellate court looked at whether the claim arose out of and in the course of employment, and…
Recently, the California Court of Appeal addressed the issue of monetary sanctions in a personal injury lawsuit involving allegations of negligence against multiple defendants.. One defendant moved for summary judgment, and after the plaintiff amended his complaint, the defendant moved again for summary judgment. The lower court found the motions…
Recently, the California Court of Appeal reviewed a grant of summary judgment in favor of a community college after a recreational swimming student brought a lawsuit against the college for negligence related to an incident that occurred when he was swimming recreationally at the college pool. In this opinion, the…
Recently, the California Court of Appeal reviewed a judgment in favor of the Town of Moraga in a premises liability case. In this opinion, the court addressed the plaintiffs’ claims that the Town had maintained a dangerous condition of public property related to a barricade near a street parade for…
In a recent case before the California Court of Appeal, the court addressed whether a church exposed invitees to an unreasonable risk of injury when it located an overflow parking lot across a busy street without a marked crosswalk or traffic signal. In this case, the court reviewed the order…
The California Court of Appeal recently reviewed whether a summary judgment in favor of certain defendants was appropriate due to a plaintiff’s primary assumption of risk. The court in this case examined whether the defendants owed a duty to the plaintiff’s son, who had been skateboarding downhill for fun when…
In a recent opinion, the California Court of Appeal addressed whether an insurance company had a duty to defend their insured in an underlying personal injury lawsuit. Many liability policies have clauses that exclude insurance coverage for harm that is not caused in an “accident.” In other words, insurers limit…
In a case involving claims of negligence and negligent supervision, the California Court of Appeal reversed the lower court’s finding that a student assumed the risk of injury by break dancing in a classroom. The teacher in this case had violated school policy by leaving students unsupervised in his classroom.…
In a recent opinion by a California Court of Appeal, the issue was whether the lower court properly dismissed a plaintiff’s claims when the plaintiff did not fully cooperate with discovery requests in litigation proceedings. The court stated that terminating sanctions and dismissal are appropriate in certain circumstances, but dismissal is a last resort.…
Recently, the California Supreme Court addressed the statute of limitations for a personal injury action alleging professional negligence against health care providers. Unlike most personal injury actions, which must be filed within two years of the date of the underlying act or omission, professional negligence actions must be brought within…