In a recent unpublished opinion, the California Court of Appeal reversed a judgment and remanded a case in which the defendants had been granted summary judgment on the issue of the negligent operation of a train by an employee. The defendants, two public entities, argued that the train engineer was…
In a recent unpublished opinion, the California Court of Appeals analyzed whether an auto insurance company had breached its duty of care to a husband and wife who believed they had purchased liability insurance for “everything,” including excess uninsured/underinsured motorist (UM) coverage. The issue was whether such a duty exists,…
The California Appeal Court, Fifth District, addressed the issue of causation in a personal injury action based on the alleged negligence of the ambulance crew in assessing and transporting the plaintiff to a hospital. The plaintiff had suffered a head injury while playing a high school football game, and the standby…
The California Court of Appeal recently issued an unpublished opinion affirming the lower court’s judgment in favor of the owner and operator of a golf club after an individual walking near the club suffered injuries from a stray ball. The court assessed whether summary judgment was proper based on the…
The California Court of Appeal recently issued an unpublished opinion setting forth the elements of a negligence claim in order to assess whether summary judgment had been properly granted in favor of the defendant tow truck company. The pertinent facts of this case center on whether the towing company had…
The California Court of Appeals recently issued an opinion in favor of plaintiffs pursuing damages following a motor vehicle crash. The choice of law issue in this case centered on whether a California tour bus dealership was subject to Indiana law, the location of the tour bus manufacturer, or California law. Noting that…
The California Court of Appeal, Fourth Appellate District recently issued an unpublished opinion in an appeal taken from a personal injury case following a car accident involving a leased vehicle. The issue before the court was whether the individual who had leased the vehicle (a “lessee”) could recover damages for the “diminished value”…
In a recent unpublished opinion, the California Court of Appeal addressed whether a contractor could be held liable for injuries to an individual after the completion of their work. The lower court had granted the defendant contractor’s summary judgment motion, based on the affirmative defense of the “completed and accepted” doctrine,…
The California Court of Appeal, Second District, affirmed a verdict in favor of the City of Los Angeles after an injured individual alleged the City had been negligent and was liable for injuries sustained while walking on a public sidewalk on West 89th Street. Turning to the notice requirement set forth…
As of January 1, 2017, drivers throughout California are prohibited from driving and holding their cell phones. The bill, AB 1785, was signed by Governor Jerry Brown in September. According to the law, drivers are prohibited from holding a cell phone and operating their vehicle for any reason, including texting, talking,…