In a recent case before the California Court of Appeal, the court held that the lower court had appropriately ruled in favor of the defendant in a personal injury and property damage claim. In fact, the appellate court determined that the trial court had not erred in dismissing the plaintiff’s…
Addressing the legal doctrine of assumption of risk, a California Court of Appeal recently upheld the lower court’s determination that defendant relatives were not negligent concerning the skiing injuries suffered by the 13-year-old plaintiff, their cousin and nephew. In determining that summary judgment had been properly granted, since the plaintiff’s claims were barred…
The California Court of Appeal recently reviewed a decision in favor of the defense in a personal injury lawsuit involving injuries sustained on a bus owned and operated by the Metropolitan Transit System (MTS). Specifically, the issue was whether the lower court had appropriately excluded expert testimony concerning the rate…
In an unpublished opinion, the California Court of Appeal analyzed the importance of carefully pleading causes of action. In this case, the beneficiaries of life insurance policies sued the insurance company and its agent. They claimed that it was negligence and a breach of contract to fail to provide policies…
Following a tragic accident involving a vehicle undergoing repairs, a plaintiff in a personal injury lawsuit received a favorable judgment from the California Court of Appeal recently. The appellate court reversed the lower court’s dismissal of his complaint based on a general release he had signed, immunizing the defendant from liability.…
Following a collision on a bicycle path in Santa Monica in 2012, a jury found that the defendant bicyclist had not been negligent toward the plaintiff inline skater. The California Court of Appeal addressed whether the lower court had erred in denying the motion for judgment notwithstanding the verdict (JNOV)…
The California Court of Appeal recently held, in an unpublished opinion, that a company that failed to intervene when a truck driver may have appeared drunk while loading their cargo was not liable for the resulting injuries caused by that driver. This opinion focused on the fact that since no…
The issue of whether a taxi driver was an agent or an employee of a defendant taxi company recently came before the California Court of Appeal. Following a motorcycle crash, the plaintiff in this case had filed a personal injury claim against the taxi driver who crashed into him and…
The California Court of Appeal affirmed a trial court judgment in favor of a gym in a personal injury lawsuit in which the plaintiff alleged product liability, negligence, and premises liability claims. After suffering injuries while lifting weights, the plaintiff in this case sought damages against the gym. The court…
The California Court of Appeals overturned a lower court’s grant of summary judgment in favor of the defendants, landlords who had moved for summary judgment in a personal injury lawsuit. The plaintiff had alleged negligence after tripping and falling down a stairway in the common area of her apartment building. The…