Southern California Injury Lawyer Blog

California Court of Appeals Upholds Decision to Grant New Trial on Damages in Bus Accident Case

June 26, 2015 | Sharifi Firm, APC

The California Court of Appeals ruled in a recent personal injury case stemming from a school bus accident. The case, Gaita v. Capistrano Unified School Dist., Cal. Ct. App. (2015), followed a school bus rear-ending another vehicle on the freeway.

The plaintiff filed a personal injury suit against a bus driver who rear-ended her and the school district for which he worked. At trial, the plaintiff purportedly waived her claim for past medical expenses because of the difficulty in differentiating between the medical expenses that were a direct result of the accident underlying the action and those that were a result of an accident she was involved in two years prior. However, the plaintiff did present expert testimony at trial, claiming that this accident caused a permanent, traumatic brain injury, which would result in estimated millions of dollars in future medical treatment. The plaintiff further sought tens of millions of dollars for past and future pain and suffering. The defendants stipulated that the driver was negligent in causing the accident, but they argued that the plaintiff did not suffer a traumatic brain injury and that her injuries were a result of the prior accident.

California Court of Appeals Finds for SCRAMP in Fatal Motorcycle Accident Case

June 23, 2015 | Sharifi Firm, APC

The California Court of Appeals recently rendered a decision in a case, Kaiser v. Sports Car Racing Association of the Monterey Peninsula, Cal. Ct. App. (2015), that dealt with an appeal from a case involving a fatal motorcycle collision.

The plaintiff’s husband was involved in a motorcycle accident following an event that thousands of motorcycle enthusiasts attended at the Mazda Laguna Seca Raceway, which is located in an unincorporated area of Monterey County.

Directly after the event, the plaintiff’s husband was struck by several motorcycles that had collided and slid into his lane. The plaintiff’s husband reportedly overturned and struck the ground several times before coming to rest in a field. The decedent was pronounced dead at the scene.

California Court of Appeals Clarifies Foreign Body Language for Medical Malpractice Claims

June 19, 2015 | Sharifi Firm, APC

In a recent medical malpractice case, Maher v. County of Alameda, 223 Cal. App. 4th 1340 (2014), the California Court of Appeals had before it the issue of what constitutes a foreign body for the purposes of tolling the relevant statute of limitations.

The plaintiff was treated by several healthcare professionals following a gunshot wound to the abdomen. The surgeons implanted a stent in the plaintiff during an emergency abdominal surgery. The plaintiff alleged that he was unaware of the stent’s placement until it was discovered and removed following treatment for abdominal pain many years later. The plaintiff sued the health care providers that had treated him for negligence, claiming that they failed to remove the stent within a certain period of time and failed to inform him of its placement or of the fact that it was designed to be temporary.

California Court of Appeals Upholds Evidentiary Ruling in Grocery Store Slip & Fall Case

June 17, 2015 | Sharifi Firm, APC

In a recent Court of Appeals decision, Sumrall v. Winco Foods, LLC, Cal. Ct. App. (2014), the court had before it an appeal in a grocery store premises liability action.

The plaintiff entered a Temecula grocery store operated by Winco following a rainy morning. After walking through a carpeted area, the plaintiff stepped onto a painted concrete floor within the store, at which point she purportedly slipped, fell, and thus suffered an injury.

The plaintiff filed suit, alleging the store was negligent in allowing the rain water to accumulate on the floor, which created a slippery and dangerous area.

Caitlyn Jenner Faces Second Lawsuit Stemming from Southern California Fatal Car Accident

June 12, 2015 | Sharifi Firm, APC

A second lawsuit was reportedly filed against Caitlyn Jenner, following a fatal car accident that happened in February in Southern California.

The personal injury lawsuit was reportedly filed in Los Angeles Superior Court. It alleges that Jenner was responsible for causing the crash by driving “negligently, carelessly, recklessly and wantonly.”

The relatives of a woman who was killed in the same accident, which happened on the Pacific Coast Highway in Malibu, have also reportedly filed a lawsuit, alleging negligence and wrongful death. The particular damages being sought were not readily available at the time of publishing.

California Court of Appeals Rules in Potential Joint Liability Car Accident Case

June 10, 2015 | Sharifi Firm, APC

In a recent California Court of Appeals case, Vollaro v. Lispi, 224 Cal. App. 4th 93 (2014), the court had before it an appeal stemming from a car accident in which Lispi rear-ended the car in which Vollaro was a passenger. The driver and owner of the car that was struck were not parties to the action.

At the time of the accident, Lispi stopped and asked whether anyone was injured, which they were not at the time, and exchanged the relevant information. She saw that the vehicle had rear bumper and trunk damage, but her car was not damaged.

Shortly thereafter, Vollaro sued Lispi for alleged personal injuries. She alleged that Lispi was driving in a negligent, careless, and reckless fashion, and therefore she caused Vollaro to suffer physical and emotional injuries and lost wages.

California Court of Appeals Affirms Dismissal of Car Accident Case

June 5, 2015 | Sharifi Firm, APC

In a recent California Court of Appeals case, Cardiel v. Marquez, Cal. Ct. App. (2014), the court had before it a car accident case that was being challenged for a failure to move forward. The plaintiffs sued the defendants for a rear-end collision, including both the driver of the car and the owner of the car, a corporation, as parties to the action.

The court had before it a situation in which the plaintiffs filed a complaint but did not actually serve it on the defendant within the relevant two-year period. Furthermore, the case was not brought to trial within three years, as required by the California rules of Civil Procedure.

The defendant filed a motion to dismiss, based on the plaintiffs’ failure to be diligent, and argued that the defendant had been prejudiced by it. The plaintiffs opposed the motion on the grounds of excusable neglect. The plaintiffs’ attorney claimed that, unbeknownst to him, his legal secretary had been embezzling from him, hiding case files and documents, failing to calendar dates, and lying regarding the status of cases.

Car Crashes into LAX Terminal, Hits Little Girl

June 2, 2015 | Sharifi Firm, APC

There was quite a stir at the Los Angeles International Airport this past Sunday, when the driver of a Porsche accidentally accelerated, presumably rather than braking, and struck a nine-year-old girl before crashing into a nearby terminal.

According to a spokesperson for the Los Angeles Fire Department, the girl was taken to the Ronald Reagan UCLA Medical Center in critical condition following the accident. She reportedly suffered major head trauma and remains in critical condition.

The car reportedly crashed into Terminal 7. Three people in total were taken to the hospital.

Google Admits to Self-Driving Car Accidents in California

May 28, 2015 | Sharifi Firm, APC

The famous California search engine and innovation company, Google, admitted in a statement earlier this month that the self-driving cars that it has invented have been involved in 11 minor car accidents since the company began working with the technology six years ago.

The company stated it had notified the state of California that the self-driving cars were involved in three accidents since September, when the reporting of such accidents became a legal requirement in exchange for the permits necessary to test the vehicles on public roads within the state. Official state reports allegedly have the total at four incidents.

California Court of Appeals Rules in Health Club Injury Case

May 26, 2015 | Sharifi Firm, APC

In a recent court of appeals case, Grebing v. 24 Hour Fitness USA, Inc., Cal. Ct. App. (2015), the court had before it the issue of whether to hold liable a health and fitness club for an injury that occurred when a piece of weight-lifting equipment broke and struck the individual who was using it.

When he initially became a member of the club, the plaintiff signed an assumption of risk liability waiver. The waiver contained language stating that 24 Hour would not be liable for any injuries or other harm sustained by the signer, and also that the gym was not responsible for any issues with the equipment, including any products liability claims. Essentially, it attempted to broadly insulate the gym from any sort of liability related to injuries sustained on the premises. The plaintiff signed the waiver a second time when he subsequently upgraded his membership.