The California Court of Appeal recently issued an unpublished opinion setting forth the elements of a negligence claim in order to assess whether summary judgment had been properly granted in favor of the defendant tow truck company. The pertinent facts of this case center on whether the towing company had…
The California Court of Appeals recently issued an opinion in favor of plaintiffs pursuing damages following a motor vehicle crash. The choice of law issue in this case centered on whether a California tour bus dealership was subject to Indiana law, the location of the tour bus manufacturer, or California law. Noting that…
The California Court of Appeal issued an unpublished opinion recently in a lawsuit involving a car accident that occurred when a driver crashed his vehicle through a restaurant and injured a restaurant employee. The employee received workers’ compensation benefits and medical expenses. She then pursued a civil claim against the driver. The…
The California Court of Appeal, Fourth Appellate District recently issued an unpublished opinion in an appeal taken from a personal injury case following a car accident involving a leased vehicle. The issue before the court was whether the individual who had leased the vehicle (a “lessee”) could recover damages for the “diminished value”…
In a recent unpublished opinion, the California Court of Appeal addressed whether a contractor could be held liable for injuries to an individual after the completion of their work. The lower court had granted the defendant contractor’s summary judgment motion, based on the affirmative defense of the “completed and accepted” doctrine,…
The California Court of Appeal, Second District, affirmed a verdict in favor of the City of Los Angeles after an injured individual alleged the City had been negligent and was liable for injuries sustained while walking on a public sidewalk on West 89th Street. Turning to the notice requirement set forth…
As of January 1, 2017, drivers throughout California are prohibited from driving and holding their cell phones. The bill, AB 1785, was signed by Governor Jerry Brown in September. According to the law, drivers are prohibited from holding a cell phone and operating their vehicle for any reason, including texting, talking,…
The California Court of Appeal recently addressed whether the Workers’ Compensation Appeals Board could impose penalties for unreasonably delaying or denying advance disability pension payments to local peace officers disabled on the job. The jurisdictional question posed in this case was whether the Workers’ Compensation Appeals Board could impose penalties according…
The California Court of Appeal recently issued an unpublished opinion in a case that posed the question of whether an injured worker had presented evidence sufficient to pursue a claim of vicarious negligence against the defendant, Amy’s Kitchen, Inc. Amy’s kitchen hired an independent contractor, who then hired the plaintiff.…
The California Court of Appeal recently reversed a judgment in favor of the family of a pedestrian killed by the driver of a truck while crossing the street in a crosswalk in the City of Atwater. The pedestrian’s family sued the driver and the City, alleging negligence and liability under…