In a recent state appellate opinion, a California appellate court dismissed a plaintiff’s claim that arose after the plaintiff was injured at a carnival which was held on school grounds. The issue before the court was whether the school district could be held liable based on the placement and operation…
Southern California Injury Lawyer Blog
Federal Court Overseeing California Considers Whether Time Limits Should Be Extended for Minors in FTCA Claims
In a recent opinion, a federal appeals court was tasked with deciding whether a plaintiff whose Federal Tort Claims Act (“FTCA”) claim was not properly filed as a minor could file his claim beyond the statute of limitations. The case is a precedential decision for cases in the court’s jurisdiction,…
California Appellate Court Considers City’s Liability for Faded Crosswalk in Personal Injury Case
A California appellate court recently considered a case in which a plaintiff claimed that the city was at fault for failing to repaint a city crosswalk. The plaintiff sued the city of Salinas, California after she was hit by a car while walking across the street. The plaintiff was in…
California Court Discusses Vicarious Liability in Recent Car Accident Case
Earlier last month, a state appellate court issued a written opinion in a California car accident case discussing whether an employer could be held vicariously liable for the allegedly negligent acts of an employee. The court ultimately concluded that vicarious liability was appropriate, and allowed the plaintiff’s case to proceed…
Court Determines College Is Not Immune from Lawsuit Under California Field Trip Exception
In a recent case before a California appeals court, the court considered whether a public college hosting a volleyball tournament could be held liable in a California premises liability claim for an injury suffered by a visiting athlete. The Facts According to the court’s opinion, the plaintiff attended Los Angeles…
California Court Dismisses Appeal Against Ski Resort for Snowboarding Accident
In a recent case before a California appeals court, the plaintiff claimed that a California ski resort was liable for the serious injuries she sustained in a tragic snowboarding accident at the resort. According to the court’s opinion, the woman collided with a snowcat that was pulling a snow-grooming tiller,…
California Appellate Court Determines Yoga Instructor Did Not Violate Duty of Care in Recent Personal Injury Case
Recently, a state appellate court issued a written opinion in a California personal injury case involving a plaintiff who allegedly sustained a serious injury after taking a yoga class from the defendant instructor. Ultimately, the court concluded that corrections the yoga instructor made to the plaintiff’s poses during the class…
Insurance Company May Be On the Hook for Negligent Hiring Claim After Employee Commits Sexual Assault
California insurance companies may try to avoid defending personal injury claims against an insured by arguing that the conduct does not fall under the insured’s policy. This can greatly reduce a plaintiff’s chance of recovering for their injuries, because many defendants do not have adequate resources to fairly compensate plaintiffs…
Case Reinstated Against Restaurant After Customer Bitten by Spider
In a recent California personal injury case, the plaintiff brought a premises liability claim against a restaurant after she was bitten by a spider while eating lunch there. The plaintiff had been eating lunch with a friend on a patio when a spider bit her on her back. She was…
California Supreme Court Explains Sudden Emergency Doctrine in California Car Accident Case
Motorists have a responsibility to drive carefully, and also to respond to dangerous situations in a reasonable manner. In a recent California personal injury case, the court explained what the “sudden emergency doctrine” is and how it may be applied to excuse a motorist’s reaction to a sudden, unexpected event.…