The California Court of Appeal recently issued an unpublished opinion in a case that posed the question of whether an injured worker had presented evidence sufficient to pursue a claim of vicarious negligence against the defendant, Amy’s Kitchen, Inc. Amy’s kitchen hired an independent contractor, who then hired the plaintiff.…
In an unpublished opinion, a California Court of Appeal addressed whether workers’ compensation served as the exclusive remedy for an employee psychologically harmed by her participation in a staged mock robbery. She was not aware it had been a training exercise. On appeal, the issue was whether the jury had…
The California Court of Appeal recently addressed whether the owner of a restaurant owed a duty to protect against harm caused by removing a snow grate. In this opinion, the court emphasized the balancing test of the foreseeability of harm against the burden imposed on a proprietor to protect against…
Domestic exposure to asbestos takes place when workers come into contact with a toxin and carry it home on their clothing, resulting in a person or a family member suffering exposure due to their proximity with the worker (or their clothing). Two lawsuits involving personal injury and wrongful death actions were consolidated by the California Supreme Court…
In a recent unpublished opinion regarding an underlying premises liability lawsuit, the California Court of Appeal upheld a judgment in favor of a Southern California supermarket chain after the plaintiff alleged a defective floor caused her to slip and fall and suffer injuries. The court reviewed the evidence presented before…
In a recent case before the Second Appellate District, the California Court of Appeal addressed whether an award of punitive damages comported with due process following a life insurance company’s alleged fraud and intentional conduct toward a disabled veteran. At issue was whether the punitive damages award must be limited to…
In an unpublished opinion, the California Court of Appeal recently held in favor of the Regents of the University of California in an underlying personal injury lawsuit brought by a student who was seriously injured while riding his bike across campus. At issue in this appeal was whether the trial court…
In an unpublished opinion, the California Court of Appeal analyzed whether a motion for summary judgment was properly granted in favor of the City of Inglewood in a premises liability lawsuit brought on behalf of a minor injured on a playset swing. The issue before the court was whether the…
The California Court of Appeal recently addressed the issue of whether an employer can be held liable for injuries caused by an employee under the doctrine of respondeat superior. In this unpublished opinion, the court assessed whether the going and coming rule applied to an employee who provided two other…
Recently, the California Court of Appeal reviewed an appeal involving a personal injury plaintiff’s damages for past medical expenses. At issue was the reasonable value of medical services received by the plaintiff, who, at the time of the underlying motor vehicle accident, was uninsured. The court narrowed their decision, abiding…