In a recent California Court of Appeals case, Banga v. Midas International Corp., Cal. Ct. App. (2014), the court had to decide the issue of how to consider the awarding of damages in a default judgment case following a car accident. The lawsuit arose out of a situation in which the…
Southern California Injury Lawyer Blog
California Court of Appeals Upholds Judgment in Favor of Driver in San Francisco Pedestrian Accident Case
The California Court of Appeals issued an opinion in a recent car accident case involving a pedestrian who was involved in an accident. She claims that after she took a few steps into the crosswalk she was struck by a van. According to physician testimony at trial, the plaintiff purportedly suffered…
California Court of Appeals Upholds Written Stipulation in Car Accident Case
In a recent appeal stemming from a car accident, Horath v. Hess, 225 Cal. App. 4th 456 (2014), the California Court of Appeals had to decide whether a stipulation to an arbitration award was binding. The action arose out of a collision in which Horath was injured when Hess’ car…
California Court of Appeals Upholds Arbitrator’s Monetary Award in Motorcycle Accident Case
In a recent case, Lanois v. Employers Fire Ins. Co., Cal. Ct. App. (2015), the California Court of Appeals had before it the issue of what an arbitrator may properly award to victims of car accidents subject to car insurance policy limitations. The case arose out of a car accident, which occurred…
Southern California Court Fails to Hold Employer Liable in Car Accident Case
In a recent case, the California Court of Appeals for the Fourth District entered a decision regarding the liability of an individual’s employer for an employee who was involved in a car accident on the way to an employment related course. In the case, Rodriguez v. Grayd A Metals, Cal.…
California Court of Appeals Rules on Insurance Issue in Tractor Trailer Wrongful Death Case
The California Court of Appeals recently reached a decision regarding the application of various insurance policies in the incident of a trucking accident. In the case, Scottsdale Indemnity Co. v. National Continental Ins. Co., 229 Cal. App. 4th 1166 (2014), a truck driver had contracted with a company to drive goods…
California Court of Appeals Rules in Car Accident Case Alleging Jury Misconduct with Toy Cars
The California Court of Appeals reached a decision in a tow truck accident case, Threadgill v. Extreme Auto Recovery, Inc., Cal. Ct. App. (2014), in which they had to review a claim of jury misconduct, arising from a deputy’s discovery in the jury deliberation room. In the case, the plaintiff claimed…
Court of Appeals Affirms Ruling in San Jose Road Rage Car Accident Case
The California Court of Appeals ruled in a recent case arising out of a car accident that was an alleged road rage incident. In the case, Jones v. Barnes, Cal. Ct. App., 6th Dist. (2014), the defendant was behind the plaintiff in a lefthand turn lane, when the plaintiff turned on…
California Court of Appeals Rules in Case Alleging Premature Declaration of Death
In a very difficult to discuss fact scenario, Arroyo v. Plosay, 225 Cal. App. 4th 279 (2014), the California Court of Appeals, 2nd Dist., reached a decision regarding the disposition of a case that alleged wrongful death and medical malpractice in the treatment of a woman whom plaintiffs suspected had been wrongfully…
California Court of Appeals Sides with City of San Jose Employee in Workers’ Compensation Case
In a recent workers’ compensation case, Meyers v. Board of Administration, etc., 224 Cal.App.4th 250 (2014), the California Court of Appeals (6th Dist.) analyzed the requirements necessary for a work-related injury retirement, and what an accommodation in that context actually means. In the case, the employee, Mr. Meyers, began work for the…