After rear-ending another vehicle that had been stopped, an insured individual sought uninsured motorist benefits from his car insurer. The insurer denied his claim, and the arbitrator denied damages to the appellant. The appellant petitioned the trial court to vacate the arbitration award, and the California Court of Appeal affirmed…
In a recent decision, the California Court of Appeal held that the trial court erred in granting defendant’s summary judgment motion regarding plaintiff’s claim for dangerous condition of public property. After suffering serious injuries when a tree branch fell on her while walking through Mission Bay, in San Diego, the…
In an appeal taken in a California swimming pool accident lawsuit following the drowning death of a five-year-old boy, the California Court of Appeal affirmed the judgment in favor of the defendants. The issue before the appellate court was whether the defendants owed a duty of care and whether there…
Following a California truck accident, the victim in a recent case before the California Court of Appeal pursued a personal injury claim against the truck driver and his trucking company. The lower court awarded the plaintiff $3.3 million for damages, since he suffered serious physical injuries in the collision. After…
The California Court of Appeal recently upheld the trial court’s denial of a county’s motion for summary judgment in a California personal injury lawsuit involving the Government Code “natural condition immunity” claimed by San Mateo County after a 72-foot diseased tree fell on a sleeping child’s tent, causing catastrophic injuries.…
The California Court of Appeal recently addressed an appeal brought by a plaintiff who alleged his injuries were caused by a defective elevator. Southern California injury lawyers understand that in cases like this, there may be legal claims against more than one defendant. In this case, the plaintiff initially…
California personal injury attorneys understand that individuals who participate in certain sports may place themselves at risk of injury. In a recent personal injury lawsuit, the plaintiff had alleged that the defendant’s negligent, reckless, or intentional misconduct harmed her. She also alleged that the defendant had an animal with a dangerous…
All drivers owe others on the road a duty of care to exercise reasonable caution. When driving, it is negligent to use any substance that impairs your ability to drive. Alcohol, marijuana, and other drugs affect the ability of drivers to safely operate their vehicles and may cause harm to others on…
Recently, the California Court of Appeal addressed whether the lower court had properly excluded evidence that the defendant in a pedestrian collision lawsuit had fled the scene of the accident, without rendering aid to the plaintiff. The plaintiff alleged that excluding this evidence prejudiced her, since she suffered mental distress…
After suffering injuries in a fall while working in the defendants’ home, the plaintiff in a recent personal injury case before the California Court of Appeal brought causes of action for premises liability and negligence. A lower court granted summary judgment in favor of the defendant homeowners, but the appellate…