In a recent opinion, the California Court of Appeals upheld summary judgment in favor of a fitness center following allegations of gross negligence after an individual slipped and fell in the shower facilities. The court held there were no genuine issues of material fact, and the Release and Waiver of Liability…
Southern California Injury Lawyer Blog
California Court Holds City Not Liable for Injuries to Girl Hurt on Swingset Because Structure Met Safety Guidelines, and City Had no Notice of Previous Incidents
In an unpublished opinion, the California Court of Appeal analyzed whether a motion for summary judgment was properly granted in favor of the City of Inglewood in a premises liability lawsuit brought on behalf of a minor injured on a playset swing. The issue before the court was whether the…
California Court Applies Going and Coming Rule in Lawsuit Involving Oil Rig Employee’s Vehicle
The California Court of Appeal recently addressed the issue of whether an employer can be held liable for injuries caused by an employee under the doctrine of respondeat superior. In this unpublished opinion, the court assessed whether the going and coming rule applied to an employee who provided two other…
California Court Determines Substantial Evidence Supported the Jury Verdict When Driver’s Failure to Properly Observe Intersection was not Negligent as a Matter of Law
Recently, the California Court of Appeal upheld a jury verdict finding that the defendant was not negligent in a two-car vehicle accident in which the plaintiff was injured. The appellate court looked at precedent to conclude that negligence remains a question of fact, and when the evidence demonstrates that the defendant…
California Appellate Court Upholds Reasonable Value of Medical Services for Uninsured Victim of Car Accident
Recently, the California Court of Appeal reviewed an appeal involving a personal injury plaintiff’s damages for past medical expenses. At issue was the reasonable value of medical services received by the plaintiff, who, at the time of the underlying motor vehicle accident, was uninsured. The court narrowed their decision, abiding…
California Court Upholds Judgment Because Evidence Supported Jury’s Determination that Defendants’ Negligence Had Not Been Substantial Factor in Causing Plaintiffs’ Injuries
Recently, a California Court of Appeal affirmed a jury’s finding that the defendants in a premises liability lawsuit had not caused the plaintiffs’ alleged injuries. In this case, the court found that the jury did not err in holding that the landlords had been negligent, but their conduct had not been a substantial…
California Court Affirms Judgment in Favor of Defendants Because Plaintiff’s Injuries From Multiple Car Accidents Had Healed, and Ongoing Medical Issues Were Unrelated to Accidents
In a personal injury lawsuit following two motor vehicle collisions, an injured plaintiff appealed the jury’s award of damages. A California Court of Appeal, in an unpublished opinion, upheld the jury award for past pain and suffering, with no future economic or noneconomic damages awarded. The court focused on the fact…
Man Injured in Fall on Steps Outside Apartment Not Entitled to Future Damages; California Court Holds Jury’s Award was Supported by Substantial Evidence
In this recent opinion, the California Court of Appeals addressed an appeal brought by the plaintiff in a personal injury lawsuit following a fall from the steps outside his apartment complex. The court reviewed the rules of law concerning damages and held that substantial evidence supported the jury’s award. Plaintiff…
California Court Holds Injured Woman’s Legal Claim Fails Because Concrete Slabs in Patio Did Not Pose Hazard to Reasonable Person
In a recent appeal of an underlying premises liability lawsuit, a California court affirmed a judgment in favor of the owner of a winery after the injured plaintiff alleged she fell and suffered injuries. Noting that there is no bright line rule regarding whether a condition is dangerous or defective,…
California Appellate Court Affirms Judgment and Punitive Damages Award in Favor of Man Assaulted and Injured in Venice Restaurant
In this recent opinion, a California Court of Appeal affirmed a judgment in favor of an injured individual who brought a lawsuit against a man who allegedly attacked him at a restaurant in Venice, California. The injured plaintiff also sued the restaurant, the security guard, and the company for which he…