In a recent case before the California Court of Appeal, Second District, the appellate court addressed whether a hotel had adequate foreseeability of harm to plaintiffs injured during a protest. The court also examined whether an exception applied to the general rule that an employer is not liable for the acts of an…
The court of appeal recently reviewed a judgment in favor of a cable company in a personal injury lawsuit involving allegations of negligence. In this case, the court set forth the four elements of a negligence claim, including duty, breach, causation, and damages. Their analysis focused on whether the cable company…
The California Court of Appeal issued a recent opinion holding that a waiver of liability did not violate public policy when it was signed in consideration for room and board, and spiritual support for substance abuse. The court examined the benefits of upholding the waiver, particularly for organizations that provide help…
A case before the California Court of Appeal addressed the circumstances in which a stipulated award could be rescinded or revised. In this workers’ compensation lawsuit, the parties had entered a stipulation based on the evidence demonstrating the injured plaintiff’s temporary disability. At the time, a test had been completed showing…
In a recent California Court of Appeal decision, the court reviewed a personal injury case stemming from a fatality suffered at a construction site. In this wrongful death action, the son of the deceased person brought negligence claims against the driver of a truck, the construction company, and the truck…
In a recent case, the California Supreme Court clarified an issue central to public agency tort defense. A public entity may be liable for dangerous conditions on public property, including roads, but design immunity, an affirmative defense, can shield them. The agency must demonstrate three requirements: a causal relationship between the…
In a California Court of Appeal case, the court addressed the rules of law concerning settlements, particularly those involving a lawsuit with multiple defendants. The California Code of Civil Procedure maintains that a plaintiff that does not accept a settlement offer and then does not receive a more favorable judgment may be…
In a recent California Court of Appeal opinion, the court addressed the issue of cost recovery on behalf of a cross-defendant in an underlying car accident lawsuit. The court analyzed the law providing that a prevailing party in an action may recover costs as a matter of right. In addition,…
In a recent case before the California Court of Appeal, the issue centered on the interpretation of an insurance policy provision for covered causes of property loss. Many insurance policies, from automobile insurance to home insurance policies, include explicit language stating the terms for coverage. In this case, the plaintiff sued…
In a recent case, the California Court of Appeal addressed a fee dispute resting on an underlying personal injury lawsuit. Plaintiff Hyo Hyun was playing an arcade game, The King of Hammer, when he was struck by a piece attached to the game. The game involved using a hammer to…