Addressing the legal doctrine of assumption of risk, a California Court of Appeal recently upheld the lower court’s determination that defendant relatives were not negligent concerning the skiing injuries suffered by the 13-year-old plaintiff, their cousin and nephew. In determining that summary judgment had been properly granted, since the plaintiff’s claims were barred…
The California Court of Appeal recently reviewed a decision in favor of the defense in a personal injury lawsuit involving injuries sustained on a bus owned and operated by the Metropolitan Transit System (MTS). Specifically, the issue was whether the lower court had appropriately excluded expert testimony concerning the rate…
An unpublished opinion issued by a California Appellate Court addressed issues concerning confidentiality and privileged statements made by accident victims to their own insurance companies. Generally, a recorded statement made to the policyholder’s automobile insurance company following an accident is protected under the attorney-client privilege and cannot be used in…
In an unpublished opinion, the California Court of Appeal analyzed the importance of carefully pleading causes of action. In this case, the beneficiaries of life insurance policies sued the insurance company and its agent. They claimed that it was negligence and a breach of contract to fail to provide policies…
Following a tragic accident involving a vehicle undergoing repairs, a plaintiff in a personal injury lawsuit received a favorable judgment from the California Court of Appeal recently. The appellate court reversed the lower court’s dismissal of his complaint based on a general release he had signed, immunizing the defendant from liability.…
In a lawsuit following a motor vehicle collision, the injured plaintiffs were awarded compensation for their medical costs, lost wages from work, and general damages. At the time of the collision, the plaintiffs had been acting in the course of employment, and were also awarded workers’ compensation benefits. The main…
The California Court of Appeal recently issued a judgment affirming a lower court’s judgment against a plaintiff in a personal injury lawsuit. Following a motor vehicle collision in San Diego, the plaintiff brought personal injury claims against the County. The trial court issued a minute order that determined the plaintiff…
Following a collision on a bicycle path in Santa Monica in 2012, a jury found that the defendant bicyclist had not been negligent toward the plaintiff inline skater. The California Court of Appeal addressed whether the lower court had erred in denying the motion for judgment notwithstanding the verdict (JNOV)…
Following a fatal head-on motorcycle accident on State Highway 33, surviving family members of the deceased brought a wrongful death action. A jury determined that the State of California and the operator of the other motorcycle had been at fault for the accident. Specifically, the State was deemed liable for a dangerous…
In an unpublished opinion, a California Court of Appeal held that the owner and manager of a bar was not responsible for the death of a woman who had been served alcohol and allowed to drive home while intoxicated. In reaching this conclusion, the court affirmed the lower court’s decision to…