On appeal, the California Court for the Fourth Appellate District addressed whether a temporary employee had acted within the scope of his employment when he caused a motor vehicle accident that killed one victim and seriously injured another. Under the legal doctrine of respondeat superior, an employer may be vicariously…
The California Court of Appeal recently held, in an unpublished opinion, that a company that failed to intervene when a truck driver may have appeared drunk while loading their cargo was not liable for the resulting injuries caused by that driver. This opinion focused on the fact that since no…
The issue of whether a taxi driver was an agent or an employee of a defendant taxi company recently came before the California Court of Appeal. Following a motorcycle crash, the plaintiff in this case had filed a personal injury claim against the taxi driver who crashed into him and…
The California Court of Appeal affirmed a trial court judgment in favor of a gym in a personal injury lawsuit in which the plaintiff alleged product liability, negligence, and premises liability claims. After suffering injuries while lifting weights, the plaintiff in this case sought damages against the gym. The court…
The California Court of Appeals overturned a lower court’s grant of summary judgment in favor of the defendants, landlords who had moved for summary judgment in a personal injury lawsuit. The plaintiff had alleged negligence after tripping and falling down a stairway in the common area of her apartment building. The…
In a recent unpublished opinion, the California Court of Appeal reversed a judgment and remanded a case in which the defendants had been granted summary judgment on the issue of the negligent operation of a train by an employee. The defendants, two public entities, argued that the train engineer was…
The California Court of Appeals recently addressed whether a van that had been provided to an employee for business use was covered by that employee’s personal automobile insurance. This issue was central to the lawsuit brought by a car accident victim injured by the employee while she was driving the…
In a recent unpublished opinion, the California Court of Appeals analyzed whether an auto insurance company had breached its duty of care to a husband and wife who believed they had purchased liability insurance for “everything,” including excess uninsured/underinsured motorist (UM) coverage. The issue was whether such a duty exists,…
The California Appeal Court, Fifth District, addressed the issue of causation in a personal injury action based on the alleged negligence of the ambulance crew in assessing and transporting the plaintiff to a hospital. The plaintiff had suffered a head injury while playing a high school football game, and the standby…
The California Court of Appeal recently issued an unpublished opinion affirming the lower court’s judgment in favor of the owner and operator of a golf club after an individual walking near the club suffered injuries from a stray ball. The court assessed whether summary judgment was proper based on the…