In a case before the California Court of Appeal, the court addressed whether an injured passenger can recover from the driver at fault under a “resident exclusion” in the driver’s automobile insurance policy. The driver and passenger were unrelated but lived together, and the insurance company attempted to deny coverage…
In a case before the California Court of Appeal, the court addressed whether a teenager was at fault for an accident involving a truck parked illegally along a Southern California highway. The trucker had violated the Vehicle Code by parking illegally, although the trial court had ruled that the trucker’s…
In a negligence action before the California Court of Appeal, the issue was whether an instructor at a gym increased the risk inherent in the activity and acted in a grossly negligent manner. The court addressed the doctrine of assumption of the risk, evaluating whether the risk of injury was inherent to…
In a motorcycle accident case, Christina Elliott appealed the dismissal of her lawsuit against Geico Indemnity Company. Mrs. Elliott’s husband was struck and killed by the defendant, who had been driving while intoxicated. While Mrs. Elliott recovered damages from the defendant’s insurer and the restaurant owner’s insurer, she sought additional damages…
In a recent appeal, the California Court of Appeals determined that a restaurant operator has a duty to warn patrons leaving the premises when a right turn is required to be made when exiting the restaurant. The court addressed issues of premises liability and the duty owed by a landowner when patrons…
In a recent opinion, the California Court of Appeals determined the state had a legitimate interest in a work-related injury suffered by an employee of a California corporation. A former basketball player suffered injuries while playing for a California team and then intermittently playing in the state while employed by other…
In an appeal stemming from an automobile accident, the California Court of Appeal addressed procedural issues of jurisdictional deadlines following service of notice of entry of judgment. This appeal centers on a rear-end automobile accident case. The plaintiff, Ms. Keely Maroney, turned right and “double parked” while her passenger used…
In a recent California Court of Appeals case, the court addressed whether a claim for an injury, potentially separate from a contributing work-related condition, can be brought against an employer in a civil action. Typically, work-related injuries are covered by the California Workers’ Compensation Act, and injured employees are barred from…
A recent case before the California Court of Appeal addressed whether it was reasonable for the defendant to reasonably believe he would prevail at trial on the issue of liability stemming from a car accident. While the defendant claimed he entered an intersection during a yellow light, the plaintiffs and…
In a recent case before the California Court of Appeal, the court addressed an issue of the “bad faith” pursuit of an insurance claim. Bad faith claims refer to tort claims against an insurance company for acting illegally, performing a bad act, or failing to act in good faith. In this…