In a California premises liability case involving whether the trial court properly applied the Medical Injury Compensation Act’s (MICRA) one-year statute of limitations for professional negligence, the appellate court held that it had been an error to apply the one-year statute of limitations for professional negligence. The court assessed whether the…
After plaintiffs filed a personal injury complaint against a defendant for injuries sustained in a California car accident, the defendant demurred to the complaint on the ground that the statute of limitations had run. The lower court sustained the demurrer and entered judgment in favor of the defendant. On appeal,…
In a recent Southern California personal injury case before the Court of Appeal, the judgment in favor of the defendants was affirmed. The plaintiff in this case was injured when the basket carrying her in a hot air balloon crashed in Temecula wine country. On appeal, the court affirmed the…
Recently, the California Court of Appeal affirmed a judgment denying a plaintiff’s motion for a new trial on the ground that the damages that she was awarded by a jury in a California premises liability action were inadequate. The court rejected the plaintiff’s argument that the award of $5,000 for…
A California appellate court recently rejected an argument set forth by an individual who alleged the trial court erred in overlooking material facts, among other claims. The court focused on the fact that as the plaintiff in the underlying action, and the appellant, she had failed to cite portions of…
The California Court of Appeal recently held in favor of the defendant in an underlying Southern California car accident lawsuit brought after a rear-end motor vehicle collision. The plaintiff in this case appealed the lower court’s judgment in favor of the defendant, finding that her negligence had not substantially caused…
In a recent decision, the California Court of Appeal upheld a judgment in favor of the defendants after the plaintiff alleged that their negligence had caused his injuries, but he failed to meet his burden of proof. After suffering injuries while participating in a class on motorcycle basic rider training…
According to a recent study by UC Berkeley’s Safe Transportation and Research Education Center, obese drivers have been determined to be up to 78% more likely than normal weight drivers to suffer fatalities in a car crash. The research center is affiliated with the UC Berkeley School of Public Health and…
Recently, the California Appellate Court reversed a judgment in favor of a defendant hotel after a plaintiff sued the hotel for breaching their duty of care by setting up a stage in a way that created a dangerous gap and eventually led to her falling and injuring herself. In this…
In an appeal before the Second Appellate District, the California Court of Appeal addressed an appeal brought by the City of Long Beach after the lower court awarded $99,000 in pain and suffering damages to the 81-year-old plaintiff in a Southern California trip and fall case. After reviewing the jury’s…