In a recent case before the California Court of Appeal, the court addressed whether personal injury claims against an employer were preempted by the Workers’ Compensation Act. The injured employee in this case alleged professional negligence, emotional distress, and other causes of action stemming from injuries he suffered after his employer’s physicians both…
In a recent case before the California Court of Appeal, the court addressed the doctrine of primary assumption of risk as it applies to an employee injured in their line of work. The court discussed the fireman’s rule and the veterinarian rule to explain that there is no duty of…
In a recent case before the California Court of Appeal, the court addressed the liability of the proprietors of a horseback riding ranch for an accident involving a rider and a known “bad” horse. In assessing the duty owed by the ranch owners, the court reviewed case law concerning assumption…
In a recent case before the California Court of Appeal, the court addressed whether the trial court properly excluded witness testimony in support of a car accident victim. An evidence sanction was imposed upon the plaintiff for failing to divulge the witness information in response to discovery requests. The court…
In a recent case before the California Court of Appeal, the court addressed whether an insurance policy exclusion applied in a case of a regularly used non-covered vehicle. Typically, insurance policies provide coverage for non-owned, occasionally used vehicles. Most policies exclude coverage for the regular use of vehicles not included…
In a personal injury case involving allegations of negligence on the part of the County of San Diego, the California Court of Appeal addressed whether the government was liable for injuries suffered by a teenager using a rope swing located in an open space area. Government Code section 831.7 provides…
In a California Court of Appeal case, the court addressed whether an employer was liable for an employee’s car accident under the “special errand” exception to the rule that an employer is not liable for an employee’s negligent and wrongful acts if they are committed while going to and coming…
California law provides a remedy for injuries due to a landowner’s action or inaction if it creates an unreasonable risk of harm. In these premises liability cases, courts may interpret the extent of the injury and whether it was foreseeable that the victim would be harmed. A California Court of Appeal…
In a recent case involving the assumption of risk doctrine, the California Court of Appeals addressed whether the Haunted Hotel breached their duty to a patron who fled from fear and was injured while running. Assumption of risk is based on the theory that an individual assumes a risk inherent…
In a recent case, the California Court of Appeal addressed the issue of how to assess economic damages, such as medical expenses, in auto accident cases. Proving the amount of damages in an automobile accident can be complex. In this particular case, the court excluded evidence relating to the amount…