In this recent opinion, the California Court of Appeals addressed an appeal brought by the plaintiff in a personal injury lawsuit following a fall from the steps outside his apartment complex. The court reviewed the rules of law concerning damages and held that substantial evidence supported the jury’s award. Plaintiff…
In a recent appeal of an underlying premises liability lawsuit, a California court affirmed a judgment in favor of the owner of a winery after the injured plaintiff alleged she fell and suffered injuries. Noting that there is no bright line rule regarding whether a condition is dangerous or defective,…
Recently, a California Court of Appeal addressed whether a lower court properly granted summary judgment in favor of the defendants, a supermarket and a contractor involved in sidewalk construction, in a premises liability lawsuit. At issue in this case was whether the condition of the sidewalk outside the market was a dangerous…
In the second appeal in a slip and fall lawsuit, the California Court of Appeal addressed whether the plaintiffs had unreasonably delayed in adding the sub-lessors of the property in which the alleged incident took place to the lawsuit. The issue was when the plaintiffs knew of facts that gave rise…
In a premises liability case, the California Court of Appeal recently reviewed whether a contractor that performed tile work for a property management company could be held liable for injuries suffered by an individual who slipped on the wet tiles. After slipping and falling, the plaintiff in this case brought a lawsuit against…
Following a judgment in favor of the City of Berkeley and a company that owns a market, the California Court of Appeal recently issued an opinion in a trip and fall lawsuit. The issue before the court was whether the defect in the sidewalk, a three-quarter of an inch offset, constituted…
The California Court of Appeal recently addressed the issue of whether the City of Santa Monica was liable for injuries sustained by a woman walking near the Santa Monica Pier. In this lawsuit, the City contended it was immune from liability under the Government Code section providing that public entities are…
Recently, the California Court of Appeal reviewed a judgment in favor of the Town of Moraga in a premises liability case. In this opinion, the court addressed the plaintiffs’ claims that the Town had maintained a dangerous condition of public property related to a barricade near a street parade for…
A California Court of Appeal recently addressed a lawsuit involving allegations of a dangerous condition on public property. At issue in this opinion was whether the defendant, the City of Burbank, had notice of the alleged dangerous condition – an uneven sidewalk. The court reviewed the allegations under the Government Claims Act, which…
The court of appeal recently reviewed a judgment in favor of a cable company in a personal injury lawsuit involving allegations of negligence. In this case, the court set forth the four elements of a negligence claim, including duty, breach, causation, and damages. Their analysis focused on whether the cable company…