The California Court of Appeal recently reversed an order dismissing a case involving a bus accident on Highway 101 in Monterey County. The issue before the court in this case centered on where the action should be tried. The accident led to a consolidated action brought by the passengers or…
Recently, in an action for a dangerous condition on public property, the California Court of Appeals held there was a material dispute of fact regarding whether an intersection and crosswalk posed a risk of injury to a pedestrian. In this case, the court reversed the lower court’s grant of summary judgment.…
In a recent case, the California Court of Appeal addressed the process of attempting to change, or rebut, an assigned statutory rating of disability. The California Permanent Disability Rating Schedule assesses an individual’s degree of permanent disability. There are four components of the Schedule: (1) the type of injury; (2) the applicant’s occupation;…
In a recent case before the California Court of Appeal, the court affirmed the judgment in favor of the City and County of San Francisco. The plaintiff, a forest ranger in Yosemite National Park, alleged he suffered injuries from a dangerous condition on public property. The plaintiff lived in a residential…
In a personal injury lawsuit before the California Court of Appeal, the court addressed the trial court’s exclusion of evidence concerning a pretrial settlement between the plaintiffs and the taxicab company. In this case, a taxi passenger, Christine Diamond, was injured during a vehicle collision with another car. Mrs. Diamond and…
In a wrongful death lawsuit, the California Court of Appeals addressed the standard of care applicable to medical staff, including physicians and surgeons as well as nurses and hospitals in general. Yvonne Lattimore brought a wrongful death action against the doctors and the medical system at Salinas Valley Memorial Healthcare System…
The California Court of Appeal recently held that the one-year statute of limitations is tolled when a payment is made for medical malpractice actions. Statutes of limitations determine the time period within which a legal claim is to be filed. After the specified period has passed, those legal claims cannot…
In a case involving a car accident during a test drive, the California Court of Appeals addressed whether alleged cumulative evidentiary errors during trial and attorney misconduct resulted in prejudice to the defendant. Kenneth Gonsalves, a BMW salesperson, was a passenger in a vehicle driven by Ran Li. Mr. Li was test-driving a vehicle…
The California Court of Appeals addressed whether a motor carrier responsible for transporting goods across the country can be held liable for the negligence of an independent contractor driver. The facts of this case center on an automobile accident involving a tractor-trailer. Mr. Villalobos was driving the tractor-trailer, and Mr. Vargas…
In a recent case, the California Court of Appeal reviewed a decision of the Worker’s Compensation Appeals Board (WCAB) that denied benefits under the “going and coming rule.” This is a rule that mandates that workers’ compensation benefits not be awarded to employees injured during a local commute to a fixed…