Recently, a California Court of Appeal addressed whether a settlement agreement between an injured victim of a car accident and the responsible party’s insurer was valid. The injured plaintiff in this lawsuit suffered a traumatic brain injury, and she claimed that she did not consent to the settlement agreement entered into by…
The California Court of Appeal recently reviewed whether a summary judgment in favor of certain defendants was appropriate due to a plaintiff’s primary assumption of risk. The court in this case examined whether the defendants owed a duty to the plaintiff’s son, who had been skateboarding downhill for fun when…
In a recent opinion, the California Court of Appeal addressed a case involving medical malpractice and the plaintiff’s allegations that she was prejudiced by the trial court’s instruction on comparative negligence. The appellate court stated that the test for reversing a judgment on appeal is whether the error caused a miscarriage…
In a recent opinion, the California Court of Appeal addressed whether an insurance company had a duty to defend their insured in an underlying personal injury lawsuit. Many liability policies have clauses that exclude insurance coverage for harm that is not caused in an “accident.” In other words, insurers limit…
In a case involving claims of negligence and negligent supervision, the California Court of Appeal reversed the lower court’s finding that a student assumed the risk of injury by break dancing in a classroom. The teacher in this case had violated school policy by leaving students unsupervised in his classroom.…
In a recent opinion by a California Court of Appeal, the issue was whether the lower court properly dismissed a plaintiff’s claims when the plaintiff did not fully cooperate with discovery requests in litigation proceedings. The court stated that terminating sanctions and dismissal are appropriate in certain circumstances, but dismissal is a last resort.…
Recently, the California Supreme Court addressed the statute of limitations for a personal injury action alleging professional negligence against health care providers. Unlike most personal injury actions, which must be filed within two years of the date of the underlying act or omission, professional negligence actions must be brought within…
Recently, the California Court of Appeal reviewed a judgment in a lawsuit involving government liability for an allegedly escaping mental health patient. In this case, the plaintiff suffered injuries after he jumped out the window of his room on the psychiatric floor of a Los Angeles County hospital. The appellate court focused on…
Recently, the California Court of Appeal addressed the validity of a release of liability in a lawsuit alleging negligence and premises liability against a trampoline facility. The injured plaintiff, a non-native English speaker, claimed that she had not understood she was signing a document that released all claims against the defendant.…
In a recent case, the California Court of Appeal addressed whether an injury that led to an employee’s death occurred in the course and scope of his employment. The court here examined the weight of circumstantial evidence, particularly in light of the fact that proving industrial causation is difficult in…