After suffering injuries when a water truck ran over her at a fire base camp, a plaintiff in a recent case before the California Court of Appeal brought a lawsuit against the Fire District and their employees. She alleged that her damages were caused by their negligence, a dangerous condition of…
Southern California Injury Lawyer Blog
California Court Reverses Judgment in Favor of Insurer Following Car Accident: Reasonable Jury Could Find Insurer Acted Unreasonably in Denying Plaintiff’s Demand for Damages
After suffering injuries in a car accident, the plaintiff in a recent case before the Superior Court of Orange County argued that her insurance company breached their implied covenant of good faith and fair dealing. While the court had found that the insurance company was entitled to summary judgment, based…
Fatal Pedestrian Accident in Santa Ana Highlights Safety Issues with Particular Intersection
Pedestrian accidents and fatalities are unfortunately a common occurrence on California roads. Aggressive or careless drivers who speed near intersections or otherwise violate a statute put others at risk of severe harm. Victims hurt in a pedestrian accident can file a civil lawsuit to pursue damages from the at-fault driver. By proving the…
California Court Holds in Favor of Injured Plaintiffs, “Trail Immunity” Does Not Extend to Public Golf Course that Causes Injuries to Pedestrians Nearby
The California Court of Appeal reversed a decision in favor of a golf course owned by the City of Pasadena in a lawsuit brought by a baby and his mother after the baby was injured while on a trail adjacent to the golf course. The issue before the appellate court was…
Defendant Entitled to Defense as Contractor to U.S. Government, Plaintiff Not Entitled to Recovery for Injuries Suffered from Exposure to Chemicals in California
In a recent case before the California Court of Appeal, the court addressed whether the lower court had properly ruled in favor of the defendant, a company that shipped chemicals to the government that allegedly caused the plaintiff injuries while he was working for the government. The plaintiff alleged he…
California Appellate Court Upholds Jury Verdict that Dangerous Condition Had Not Caused Plaintiff’s Single-Vehicle Accident
In a recent case before the California Court of Appeal, the court addressed a plaintiff’s allegations of error concerning the trial court’s exclusion of evidence in her single-vehicle personal injury lawsuit. The court analyzed whether the plaintiff had met the elements of showing that a dangerous condition of public property existed…
California Court Holds Employer Has Duty of Care to Protect Wife of Employee from “Take Home Exposure” to Asbestos
The California Court of Appeal recently found in favor of a plaintiff who alleged that she had developed mesothelioma due to her husband’s exposure to asbestos fibers at work. The significance of this opinion is that it relies upon new case law set forth by the state Supreme Court. In…
California Court Upholds Decision Car Insurer Not Liable for Negligence Per Se, Plaintiff Prevented From Claiming Car Not Total Loss After Accident
Following a motor vehicle collision, the plaintiffs took inconsistent positions regarding the damage to their vehicle. In a recent decision, the California appellate court affirmed the lower court’s judgment in favor of the insurance company. Not only did the court find that evidence had been properly excluded regarding whether the…
California Court Rejects Plaintiff’s Contention City was Liable for Dangerous Condition at Intersection Following Pedestrian Accident
In a recent case before a California appellate court, the issue on appeal was whether there remained triable issues of material fact concerning whether an intersection where an accident took place constituted a dangerous condition of public property. Dangerous conditions of property exist when property is defective or damaged in…
California Court of Appeal Holds Parties Had Not Reached a Settlement in Personal Injury Lawsuit Following Car Crash, and Case Should Not Have Been Dismissed
At issue before the California Court of Appeal recently was whether there had been a settlement in a personal injury lawsuit, and if there had, whether the plaintiff showed good cause to prevent the dismissal of the case. The appellate court held the parties had not reached a settlement, and any unresolved…