The California Court of Appeal reversed a decision in favor of a golf course owned by the City of Pasadena in a lawsuit brought by a baby and his mother after the baby was injured while on a trail adjacent to the golf course. The issue before the appellate court was…
Articles Posted in Personal Injury
Defendant Entitled to Defense as Contractor to U.S. Government, Plaintiff Not Entitled to Recovery for Injuries Suffered from Exposure to Chemicals in California
In a recent case before the California Court of Appeal, the court addressed whether the lower court had properly ruled in favor of the defendant, a company that shipped chemicals to the government that allegedly caused the plaintiff injuries while he was working for the government. The plaintiff alleged he…
California Court Holds Employer Has Duty of Care to Protect Wife of Employee from “Take Home Exposure” to Asbestos
The California Court of Appeal recently found in favor of a plaintiff who alleged that she had developed mesothelioma due to her husband’s exposure to asbestos fibers at work. The significance of this opinion is that it relies upon new case law set forth by the state Supreme Court. In…
California Law Proposes “Idaho Stop” for Bicyclists Approaching Intersection in Effort to Reduce Accidents
A proposed bill to be considered by California lawmakers will allow bicyclists to yield at stop signs, as opposed to coming to a complete stop, provided there is no oncoming traffic. Assembly Bill 1103, is based on the “Idaho Stop” law that permits bicyclists within that state to treat stop…
California Court Holds Jury Could Reasonably Conclude Plaintiff’s Allegation of Causation in Tree Trimming Accident was Speculative and Evidence Supported Their Verdict in Favor of Defendant
In a personal injury claim following an accident while trimming trees, the plaintiff argued that the defendant tree trimming company’s negligence caused his injuries. After the jury returned a verdict in favor of the defendant, the California Court of Appeal reviewed whether substantial evidence supported their finding. In their analysis,…
California Court Upholds Judgment in Favor of City of Pasadena Because Plaintiff Failed to Provide Full Record on Appeal Regarding His Wrongful Death Claim
In an unpublished opinion, the California Court of Appeal recently affirmed a judgment in favor of the City of Pasadena, after the trial court held that the plaintiff had not set forth evidence supporting his negligence claim, nor had he shown that he suffered damages, emotional distress, physical injuries, or…
California Appeals Court Affirms Jury Verdict Entitling Defendant to Summary Judgment in Case Centered on “Battle of Experts” Following Motor Vehicle Collision
In a recent California appeal, a plaintiff in a personal injury lawsuit following a motor vehicle collision argued that the trial court should not have admitted certain portions of the defendant’s medical expert’s testimony. Since the issues to be determined by the jury included negligence and causation, on appeal, the plaintiff…
Fatal Stabbing in Mobile Park Home Not Foreseeable, California Court Upholds Summary Judgment in Favor of Landlord in Lawsuit Alleging Negligence, Wrongful Death
In this recent opinion, the issue before the California Court of Appeal was whether a mobile home park owed a duty of care to prevent harm by a third party to residents of the park. The Court of Appeal addressed policy issues regarding extending a duty of care to the landlord…
California Appellate Court Finds School District Not Liable for Injuries Suffered by Student in Off-Campus Student Altercation
The California Court of Appeals recently addressed whether a school was negligent by failing to supervise two students who fought on their way to high school, off school property. In this opinion, the court focused their analysis on duty and whether the school had undertaken a duty owed to the…
Appellate Court Affirms No Cause of Action for Parent-Child Loss of Consortium Claim in California
In an unpublished opinion, the California Court of Appeal affirmed a decision to refuse to recognize a child’s cause of action for loss of parental consortium. Loss of consortium is a claim for damages asserted by a plaintiff, typically a spouse or family member. The claim refers to the loss of emotional care, affection,…