Recently, a California Court of Appeal issued an unpublished opinion in a premises liability and negligence lawsuit brought by an individual who suffered a serious fall in an AMC movie theater bathroom. The appellate court, on review, assessed whether the plaintiff’s evidence showed conduct constituting negligence, based on premises liability.…
In an unpublished opinion, a California Court of Appeal addressed whether workers’ compensation served as the exclusive remedy for an employee psychologically harmed by her participation in a staged mock robbery. She was not aware it had been a training exercise. On appeal, the issue was whether the jury had…
The California Court of Appeal recently addressed whether the owner of a restaurant owed a duty to protect against harm caused by removing a snow grate. In this opinion, the court emphasized the balancing test of the foreseeability of harm against the burden imposed on a proprietor to protect against…
An appeal involving allegations of juror misconduct came before the California Court of Appeal for the Second District. In an unpublished opinion, the court focused on the presumption of prejudice upon a showing of juror misconduct and the fact it can be overcome by evidence. The court stated that juror misconduct is…
Domestic exposure to asbestos takes place when workers come into contact with a toxin and carry it home on their clothing, resulting in a person or a family member suffering exposure due to their proximity with the worker (or their clothing). Two lawsuits involving personal injury and wrongful death actions were consolidated by the California Supreme Court…
In an appeal involving procedural issues central to the claims of injured workers, a California Court of Appeal addressed whether there had been a final order and whether an employer could seek review of a denial of a petition to remove and reconsider. The court reiterated that writs of review…
In a recent unpublished opinion regarding an underlying premises liability lawsuit, the California Court of Appeal upheld a judgment in favor of a Southern California supermarket chain after the plaintiff alleged a defective floor caused her to slip and fall and suffer injuries. The court reviewed the evidence presented before…
The California Court of Appeal, Second District, recently addressed the issue of whether an exception applied to the general rule that an independent contractor cannot recover tort damages for work-related injuries from their hirer. In this case, the court found that the employee had not presented evidence that his hirer…
In a recent case before the Second Appellate District, the California Court of Appeal addressed whether an award of punitive damages comported with due process following a life insurance company’s alleged fraud and intentional conduct toward a disabled veteran. At issue was whether the punitive damages award must be limited to…
In an unpublished opinion, the California Court of Appeal recently held in favor of the Regents of the University of California in an underlying personal injury lawsuit brought by a student who was seriously injured while riding his bike across campus. At issue in this appeal was whether the trial court…