In an opinion regarding the definition of “accident” under an automobile insurance policy, the California Court of Appeal held that two negligent acts that proximately cause one accident are considered one accident for insurance policy purposes. The court relied upon common sense and the reasoning that if a time lapse…
In a recent case before the California Supreme Court, the court reviewed the legislative history of workers’ compensation provided to police officers. Labor Code section 4458.2 sets forth workers’ compensation benefits for certain peace (police) officers injured in the course and scope of their employment. The issue before the court…
In a recent case before the California Supreme Court, the issue centered on government liability for injuries caused by a dangerous condition on property. Government Code section 835 provides that a public entity can be held liable for an injury if that injury is proximately caused by a dangerous condition on its…
In a recent case before the California Court of Appeal, the court addressed an injured employee’s claim that the workers’ compensation process of independent medical review (IMR) was unconstitutional. The court reviewed the legislative reforms to the workers’ compensation system and analyzed the history of an injured employee’s challenge to a…
In a personal injury lawsuit stemming from a rear-end motor vehicle accident, the California Court of Appeal addressed the type of evidence that can be used to prove the value of medical services received. A trucker and his passenger were injured in a collision, and the court held that their…
A recent negligence and premises liability case before the California Court of Appeals centered on whether an exception applied to the general duty of care. A possessor of land owes a duty to use reasonable care to maintain their property, even in the presence of a dangerous condition caused by…
In a recent California Court of Appeal case, an injured worker requested that the court address what she perceived as an inconsistency in the workers’ compensation laws regarding admissible evidence. The Legislature has declared that the opinion of a privately retained expert who has evaluated an injured worker may not be…
In a California Court of Appeals case involving the admissibility of evidence, the court addressed the role of testimony concerning a car accident victim’s marijuana use. The issue on appeal was whether the jury had been swayed to assign partial negligence to the victim after hearing evidence of his medical marijuana prescription.…
In a premises liability case before the California Court of Appeal, the court reversed a grant of summary judgment based on the remaining triable issue of whether an employee’s injury arose out of and in the scope of his employment. Monnie Wright worked as a correctional officer at San Quentin State…
In a case before the California Court of Appeal, the court addressed whether the plaintiffs were entitled to a new trial based on improper trial testimony regarding causation. This case involved a multiple-vehicle crash on a multi-lane freeway, leading to a personal injury lawsuit for damages. The court acknowledged the improper…