In a negligence action before the California Court of Appeal, the issue was whether an instructor at a gym increased the risk inherent in the activity and acted in a grossly negligent manner. The court addressed the doctrine of assumption of the risk, evaluating whether the risk of injury was inherent to…
Recently, in an action for a dangerous condition on public property, the California Court of Appeals held there was a material dispute of fact regarding whether an intersection and crosswalk posed a risk of injury to a pedestrian. In this case, the court reversed the lower court’s grant of summary judgment.…
In a recent case before the California Court of Appeal, the court affirmed the judgment in favor of the City and County of San Francisco. The plaintiff, a forest ranger in Yosemite National Park, alleged he suffered injuries from a dangerous condition on public property. The plaintiff lived in a residential…
In a recent California Court of Appeal case, the court determined that a triable issue remained regarding a fitness club’s gross negligence in failing to maintain an exercise machine responsible for a serious injury to a gym member. While the lower court had granted summary judgment for the fitness club,…
In a recent premises liability case, the California Court of Appeals reviewed a judgment in favor of a hospital. On appeal, the issue was whether the hospital’s conduct in mopping a floor and failing to warn, resulting in a slip and fall injury, consisted of professional negligence or ordinary negligence. Under the…
In a recent court of appeals case, Grebing v. 24 Hour Fitness USA, Inc., Cal. Ct. App. (2015), the court had before it the issue of whether to hold liable a health and fitness club for an injury that occurred when a piece of weight-lifting equipment broke and struck the…
The California Court of Appeals rendered an interesting decision in a recent case, Mata v. Pacific Gas & Electric Co., 224 Cal. App. 4th 309 (2014), regarding the potential liability of a utilities company on the theory of premises liability for allegedly negligently failing to trim trees near power lines adequately. In the…
In a recent California Court of Appeals case, Banga v. Midas International Corp., Cal. Ct. App. (2014), the court had to decide the issue of how to consider the awarding of damages in a default judgment case following a car accident. The lawsuit arose out of a situation in which the…
In a recent appeal stemming from a car accident, Horath v. Hess, 225 Cal. App. 4th 456 (2014), the California Court of Appeals had to decide whether a stipulation to an arbitration award was binding. The action arose out of a collision in which Horath was injured when Hess’ car…
The California Court of Appeals reached a decision in a tow truck accident case, Threadgill v. Extreme Auto Recovery, Inc., Cal. Ct. App. (2014), in which they had to review a claim of jury misconduct, arising from a deputy’s discovery in the jury deliberation room. In the case, the plaintiff claimed…