The California Supreme Court recently clarified the standard of causation in workers’ compensation death cases. Recognizing the different causation standards in tort law and the workers’ compensation system, the court in this case determined the contributing factor standard as the appropriate link in work-related injuries.The devastating facts of this case demonstrate that Brandon…
In a recent case certified for publication in part, the California Court of Appeal held that the prejudgment interest should apply only to damages in a personal injury lawsuit, and not to costs. The court also rejected the defendant’s claims of error concerning the jury instruction and the alleged misconduct…
In this case, the plaintiff, Mr. Cline, suffered severe injuries when his motorcycle collided with a car driven by a teenager with a provisional license. Mr. Cline and the driver (and his parents) settled for the limit of their insurance policy, $100,000.00. Mr. Cline then executed a release, effectively releasing…
In reviewing a decision of the Workers’ Compensation Appeals Board, the California Court of Appeal held that the defendant’s due process right to cross-examination was violated when the plaintiff employee refused to respond to cross-examination. In this case, the appeals court focused on the importance of cross-examination, especially as a…
In a recent California Court of Appeal case, the court determined that a triable issue remained regarding a fitness club’s gross negligence in failing to maintain an exercise machine responsible for a serious injury to a gym member. While the lower court had granted summary judgment for the fitness club,…
In a recent California Court of Appeal case, involving a vehicle collision, the court affirmed the jury’s verdict that only one of the two defendants’ negligence was a substantial factor in the plaintiff’s injuries. In this case, two vehicles collided in an intersection in Fountain Valley. The traffic light was turning…
In a recent California Court of Appeal case, the court reversed the trial court’s grant of summary judgment in a case involving a fatal car accident. The plaintiffs, Miriam Navarette and her three children, sued defendant Hayley Meyer, alleging a violation of Vehicle Code Section 2170 (willfully interfering with the…
In a recent premises liability case, the California Court of Appeals reviewed a judgment in favor of a hospital. On appeal, the issue was whether the hospital’s conduct in mopping a floor and failing to warn, resulting in a slip and fall injury, consisted of professional negligence or ordinary negligence. Under the…
In a recent California Court of Appeals decision, Bean v. Pacific Coast Elevator Corp., 234 Cal. App. 4th 1423 (2015), an employee of the Pacific Coast Elevator Corporation reportedly crashed his vehicle into the plaintiff’s truck, which was stopped at a red light. The plaintiff suffered serious injuries as a result of…
A rollover car accident transformed into a medical malpractice action when a man seeking treatment for his injuries allegedly had a piece of glass left in his scalp over a period of several months. In the case, Li v. Mojaddidi, Cal. Ct. App. (2015), the plaintiff was involved in a…