Nine months after an accident on a city-maintained road, the plaintiff brought a personal injury claim for damages against the City of Los Angeles. The Court of Appeals recently affirmed an order set forth by the lower court in that case, dismissing the plaintiff’s Los Angles bicycle accident case and…
Articles Posted in Personal Injury
Fatally Injured California Worker’s Dying Declarations Should Have Been Admitted at Trial as Exception to Hearsay Exclusion
Recently, the California Court of Appeal reversed a trial court judgment in favor of the defendants that had granted their motion for summary judgment on the plaintiffs’ negligence allegations. After a victim suffered injuries at work and eventually died, the relatives brought a negligence claim against his employer and another…
Court Holds Plaintiff was Injured by Defendant’s Breach of Duties Owed to the Public Under California Law
In a California premises liability case involving whether the trial court properly applied the Medical Injury Compensation Act’s (MICRA) one-year statute of limitations for professional negligence, the appellate court held that it had been an error to apply the one-year statute of limitations for professional negligence. The court assessed whether the…
California Court Holds No Error in Lower Court’s Judgment Dismissing Plaintiff’s Complaint After Motor Vehicle Collision Because Statute of Limitations Had Run
After plaintiffs filed a personal injury complaint against a defendant for injuries sustained in a California car accident, the defendant demurred to the complaint on the ground that the statute of limitations had run. The lower court sustained the demurrer and entered judgment in favor of the defendant. On appeal,…
California Court Affirms Judgment in Favor of Defendants After Finding Plaintiff Injured in Hot Air Balloon Had Not Shown Defendants Breached Duty of Care
In a recent Southern California personal injury case before the Court of Appeal, the judgment in favor of the defendants was affirmed. The plaintiff in this case was injured when the basket carrying her in a hot air balloon crashed in Temecula wine country. On appeal, the court affirmed the…
California Appellate Court Holds Plaintiff Had Not Established Error in Jury’s Award of Damages Following Fall, Specifically for Decreased Quality of Life
Recently, the California Court of Appeal affirmed a judgment denying a plaintiff’s motion for a new trial on the ground that the damages that she was awarded by a jury in a California premises liability action were inadequate. The court rejected the plaintiff’s argument that the award of $5,000 for…
According to California Law, Judgment Affirmed in Favor of Defendant Because Plaintiff’s Injury Allegations Were Not Supported in the Record on Appeal
A California appellate court recently rejected an argument set forth by an individual who alleged the trial court erred in overlooking material facts, among other claims. The court focused on the fact that as the plaintiff in the underlying action, and the appellant, she had failed to cite portions of…
California Appellate Court Holds in Favor of Defendant, Supports Jury Finding that Rear-End Collision Did Not Substantially Cause Plaintiff’s Alleged Injuries
The California Court of Appeal recently held in favor of the defendant in an underlying Southern California car accident lawsuit brought after a rear-end motor vehicle collision. The plaintiff in this case appealed the lower court’s judgment in favor of the defendant, finding that her negligence had not substantially caused…
California Appeals Court Affirms Decision in Favor of Defendants Because Plaintiff Had Not Met Burden of Showing Triable Issue of Material Fact for Gross Negligence Claim
In a recent decision, the California Court of Appeal upheld a judgment in favor of the defendants after the plaintiff alleged that their negligence had caused his injuries, but he failed to meet his burden of proof. After suffering injuries while participating in a class on motorcycle basic rider training…
Hotel Not Entitled to Summary Judgment on Plaintiff’s Negligence and Premises Liability Claims as California Appellate Court Holds Issues of Material Fact Remain
Recently, the California Appellate Court reversed a judgment in favor of a defendant hotel after a plaintiff sued the hotel for breaching their duty of care by setting up a stage in a way that created a dangerous gap and eventually led to her falling and injuring herself. In this…