A proposed bill to be considered by California lawmakers will allow bicyclists to yield at stop signs, as opposed to coming to a complete stop, provided there is no oncoming traffic. Assembly Bill 1103, is based on the “Idaho Stop” law that permits bicyclists within that state to treat stop…
In a personal injury claim following an accident while trimming trees, the plaintiff argued that the defendant tree trimming company’s negligence caused his injuries. After the jury returned a verdict in favor of the defendant, the California Court of Appeal reviewed whether substantial evidence supported their finding. In their analysis,…
In an unpublished opinion, the California Court of Appeal recently affirmed a judgment in favor of the City of Pasadena, after the trial court held that the plaintiff had not set forth evidence supporting his negligence claim, nor had he shown that he suffered damages, emotional distress, physical injuries, or…
In a recent California appeal, a plaintiff in a personal injury lawsuit following a motor vehicle collision argued that the trial court should not have admitted certain portions of the defendant’s medical expert’s testimony. Since the issues to be determined by the jury included negligence and causation, on appeal, the plaintiff…
In this recent opinion, the issue before the California Court of Appeal was whether a mobile home park owed a duty of care to prevent harm by a third party to residents of the park. The Court of Appeal addressed policy issues regarding extending a duty of care to the landlord…
The California Court of Appeals recently addressed whether a school was negligent by failing to supervise two students who fought on their way to high school, off school property. In this opinion, the court focused their analysis on duty and whether the school had undertaken a duty owed to the…
In a lawsuit for negligence and premises liability, the California Court of Appeals concluded that the trial court properly granted summary judgment in favor of the defendants because they had no notice of the allegedly dangerous condition. In this opinion, the court analyzed the elements of a premises liability claim and…
In a recent opinion, the California Court of Appeals held it was a question of fact for the jury as to whether an employee was on a business errand while commuting, and as a result, whether the employer could be liable for injuries to a motorcyclist struck by the employee…
In an unpublished opinion, the California Court of Appeal affirmed a decision to refuse to recognize a child’s cause of action for loss of parental consortium. Loss of consortium is a claim for damages asserted by a plaintiff, typically a spouse or family member. The claim refers to the loss of emotional care, affection,…
In a recent case before the California Court of Appeal, the court held that the lower court had appropriately ruled in favor of the defendant in a personal injury and property damage claim. In fact, the appellate court determined that the trial court had not erred in dismissing the plaintiff’s…