In a recent California Court of Appeal decision, the court reviewed a personal injury case stemming from a fatality suffered at a construction site. In this wrongful death action, the son of the deceased person brought negligence claims against the driver of a truck, the construction company, and the truck…
In a recent case, the California Supreme Court clarified an issue central to public agency tort defense. A public entity may be liable for dangerous conditions on public property, including roads, but design immunity, an affirmative defense, can shield them. The agency must demonstrate three requirements: a causal relationship between the…
In a California Court of Appeal case, the court addressed the rules of law concerning settlements, particularly those involving a lawsuit with multiple defendants. The California Code of Civil Procedure maintains that a plaintiff that does not accept a settlement offer and then does not receive a more favorable judgment may be…
In a recent California Court of Appeal opinion, the court addressed the issue of cost recovery on behalf of a cross-defendant in an underlying car accident lawsuit. The court analyzed the law providing that a prevailing party in an action may recover costs as a matter of right. In addition,…
In a recent case before the California Court of Appeal, the issue centered on the interpretation of an insurance policy provision for covered causes of property loss. Many insurance policies, from automobile insurance to home insurance policies, include explicit language stating the terms for coverage. In this case, the plaintiff sued…
In a recent case, the California Court of Appeal addressed a fee dispute resting on an underlying personal injury lawsuit. Plaintiff Hyo Hyun was playing an arcade game, The King of Hammer, when he was struck by a piece attached to the game. The game involved using a hammer to…
Recently, the California Court of Appeal ruled in a negligence and premises liability lawsuit involving whether the defendant had notice of any dangerous condition. Premises liability claims require that in addition to showing the elements of a negligence claim (duty, breach, causation, and damages), there must also be a showing…
Recently, the California Court of Appeal addressed whether a raw materials supplier of mineral spirits was entitled to a defense from tort liability, the component parts doctrine. In this case, the distributor provided a product used in a cleaning solvent that allegedly caused the plaintiffs’ leukemia. The component parts doctrine allows suppliers…
In a recent case before the California Court of Appeal, the court addressed the duty owed by a property owner to individuals on their premises. Generally, a property owner owes a duty to avoid posing foreseeable dangers to those lawfully on their property. One exception is if the property owner had no…
The California Court of Appeal recently addressed a jurisdictional issue relating to personal injury claims concerning stray voltage from or returning to electrical substations. The issue on appeal was whether the Public Utilities Commission had exclusive jurisdiction over the plaintiff’s allegations of harm. The court relied upon the California Supreme…