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Southern California Injury Lawyer Blog

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California Appellate Court Rejected Car Owner’s Claim that Insurance Company Breached Duty By Repairing Vehicle and Not Compensating for Decline in Value After Vehicle Accident

Recently, a California Court of Appeal reviewed a lower court’s decision in favor of an automobile insurance company regarding coverage for vehicle damage resulting from a collision. The facts of this case are particular in that the vehicle at issue was parked at the time of the accident.  The appellate court reviewed the car owner’s…

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California Court Upholds Verdict in Favor of Injured Explosion Victim Against Owner/Builder of Property

Recently, the California Court of Appeal addressed whether an individual who hired a pool contractor to build a pool and spa at his home was negligent and liable for injuries suffered by one of the contractor’s employees.  In this case, the court reviewed whether the evidence supported a determination that…

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California Court of Appeal Upholds Cancellation of Car Insurance Policy Before Car Accident; Plaintiffs’ Claims for Breach of Contract and Breach of Implied Covenant of Good Faith and Fair Dealing Fail

The California Court of Appeal for the Third Appellate District recently affirmed summary judgment in favor of an automobile insurance company that denied uninsured motorist coverage to an individual, a third-party beneficiary, who was injured in a car accident. In this case, the insurer claimed that it canceled the liability policy before…

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California Court Holds Target Corporation Not Liable When Employee Left Work and Caused Fatal Car Accident Because Plaintiffs Failed to Show Employee’s Drinking and Resulting Accident Was Foreseeable Occurrence

Recently, the California Court of Appeal, Fourth Appellate District, issued an unpublished opinion in a wrongful death lawsuit brought by the family of two individuals struck and killed by an intoxicated Target Corporation employee after working hours. The issue was whether the lower court had properly held that the defendant’s employer,…

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California Appellate Court Reverses Judgment in Favor of Injured Pedestrian, Holds Employer not Liable for Employee’s Tortious Conduct on Commute Home from Work

In a recent opinion, the California Court of Appeal, First Appellate District, held that the employer of an at-fault defendant driver could not be held liable for injuries sustained by a plaintiff injured in a motor vehicle collision.  The appellate court reviewed the jury’s finding that the employer was liable…

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Defendant Property Owner Not Liable for Fatal Injuries to Tree Trimmer; California Appellate Court Affirms Judgment Holding No Breached Duty of Care

The California Court of Appeal recently affirmed a judgment in favor of the defendants in a lawsuit following a fatal accident.  The appellate court found that the plaintiffs had not met their burden of showing an element of their negligence claim, the breach of a duty of care, and it…

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California Appellate Court Holds Jury Reasonably Rejected Plaintiffs’ Accident Claims, Based on Finding that Testimony was not Credible

Recently, a California appellate court addressed whether a jury reasonably rejected a plaintiff’s testimony and concluded there were no injuries in a motor vehicle collision. The parties had stipulated to the defendant’s negligence as the cause of the collision.  The issues at trial centered on the nature and extent of the…

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Incompetent or Inconsistent Care Not Enough Under Elder Abuse Act, California Appellate Court Holds; Plaintiff Must Allege Specific Facts to Support Claim

Recently, the California Court of Appeal addressed whether a plaintiff in a lawsuit involving claims for willful misconduct and elder abuse had pled sufficient facts to support these causes of action.  In this unpublished opinion, the court stated that while the plaintiff pled sufficient facts to support a cause of action for negligence, he had not…

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California Court of Appeal Affirms Judgment in Favor of County of Los Angeles Following Motorcycle Collision in Angeles National Forest

In an unpublished opinion, the California Court of Appeal recently held that the County of Los Angeles was immune from liability following a motorcycle collision in Big Tujunga Canyon Road in Angeles National Forest.  After suffering serious injuries, the injured plaintiff brought claims of a dangerous condition of public property as…

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California Court Finds Landlord Did Not Owe Duty of Care in Lawsuit Following Drowning Accident 

In a personal injury lawsuit following a devastating drowning accident of two toddlers, the California Court of Appeal affirmed the lower court’s grant of summary judgment in favor of the defendant landowner.  The issues before the court in this appeal included standing, or the ability of the plaintiff to pursue…

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