Southern California Injury Lawyer Blog

California Court of Appeals Upholds Default Judgment in Faulty Brakes Accident Case

April 16, 2015 | Sharifi Firm, APC

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 plaintiff alleged that after she arranged to have her brakes replaced, and after having to return several times to have her brakes adjusted after unusual noises and other problems, she was involved in a car accident that was reportedly due to faulty brakes. As a result of the accident, she also reportedly had to miss work for several days due to personal injuries. The plaintiff then took her car for inspection at a dealership, which reportedly told her that the company had installed defective rear break pads of an incorrect type, which damaged the rear rotor of her vehicle.

The plaintiff’s complaint had four separate legal causes of action. Following several hearings on various matters, the court considered the plaintiff’s testimony and evidence that she supplied, and it issued a default judgment for the plaintiff against Midas in the amount of $6,861.40.

California Court of Appeals Upholds Judgment in Favor of Driver in San Francisco Pedestrian Accident Case

April 13, 2015 | Sharifi Firm, APC

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 substantial injuries to her left foot, leg, and fingers, and she became unable to live independently as a result of the accident.

In the case, Vitushkina v. Luminalt Energy Corp., Cal. Ct. App. (2014), the main issue at trial was whether the woman had already entered the street by the time the van approached, or whether she entered the street at around the same time.

The driver behind the van who purportedly hit the woman stopped at the scene and gave a statement to the police, and he later testified that the woman seemed to have come out of nowhere, from in between two cars that were parked nearby.

California Court of Appeals Upholds Written Stipulation in Car Accident Case

April 8, 2015 | Sharifi Firm, APC

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 purportedly struck the rear of her vehicle. Following the accident, Horath filed a personal injury action against Hess.

In the case, the defendant Hess appealed a judgment confirming an arbitration award in favor of plaintiff Horath in the amount of $366,527.22. Hess argued that the trial court erred in entering the judgment in favor of the plaintiff, since the plaintiff had stipulated in writing, prior to the arbitrator’s decision, that she would accept $100,000 or the arbitrator’s decision, whichever amount was less, plus allowable costs. He also argued that he was therefore not required to file any motions to correct the award within a certain time period, since the parties had stipulated to such an award.

California Court of Appeals Upholds Arbitrator’s Monetary Award in Motorcycle Accident Case

April 2, 2015 | Sharifi Firm, APC

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 when a motorist driving an SUV entered an intersection at the start of a left turn, causing a motorcyclist and his passenger to swerve in an attempt to not collide. The motorcycle struck a metal telephone box, which resulted in both the driver and passenger of the motorcycle being forcefully thrown off the motorcycle some distance before landing on the ground, resulting in serious injuries.

The limits of the SUV driver’s insurance policy, $50,000, was paid out to the two motorcyclists, in the amount of $25,000 each.

Southern California Court Fails to Hold Employer Liable in Car Accident Case

March 27, 2015 | Sharifi Firm, APC

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. Ct. App. (2015), the two plaintiffs claimed that they were involved in a car accident with an employee of Grayd A Metals, whom was purportedly on the way to a welding class at a local community college at the urging of his employer. The plaintiffs were thus seeking damages under a theory of respondeat superior.

At trial, the plaintiffs alleged that the employee was on the way to a welding class, because they claimed they were told this by another individual whom had been involved in an accident with the same employee just before. The trial court excluded the statement as inadmissible hearsay.

California Court of Appeals Rules on Insurance Issue in Tractor Trailer Wrongful Death Case

March 24, 2015 | Sharifi Firm, APC

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 that the company arranged for him. However, the driver remained self employed, as the owner of both his truck, and a separate California trucking company, for which he carried a $1 million insurance liability policy (with Scottsdale), covering his truck. As a condition of his employment as an independent contractor with the company, he agreed to maintain his own insurance for liability purposes. The company (Western Transport) also secured an additional policy (with National Continental Inc. (NCI)), for excess liability purposes.

California Court of Appeals Rules in Car Accident Case Alleging Jury Misconduct with Toy Cars

March 20, 2015 | Sharifi Firm, APC

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 that he was struck by a tow truck, when he was attempting to get the driver’s attention as his car was being repossessed. The plaintiff claimed that he was standing in between the tow truck and his vehicle when he became injured. The plaintiff went to the hospital following the incident, and was informed that his Achilles tendon was ruptured, which required a subsequent surgery.

At trial, an accident reconstruction expert testified for the defense that there was no way the defendant could have been struck in the manner he described. An orthopedic surgeon also testified for the defense, that it was unlikely that the plaintiff was struck when the injury occurred, and explained how individuals that suffer an Achilles injury like the plaintiff’s often feel as though they have been kicked, when in fact they have not. Additionally, plaintiff’s wife testified that he was standing on the front step, not in between the two vehicles, when the incident occurred.

Court of Appeals Affirms Ruling in San Jose Road Rage Car Accident Case

March 17, 2015 | Sharifi Firm, APC

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 his right turn signal, indicating that he did not intend to turn left. The plaintiff was apparently visiting the area, and so was unfamiliar with the particular street. The defendant somehow attempted to pass the plaintiff’s car, which caused them to collide, resulting in plaintiff’s car being pushed onto the curb. A nearby motorist had written down the defendant’s license plate, thinking that he was witnessing a road rage incident. Someone called the police to report the accident.

At trial, the jury found for the defendant, believing that the situation was not his fault. The defendant, plaintiffs, and the nearby motorists testified to their version of the facts at trial. The police report that was completed following the accident was excluded from the evidence, on the defendant’s motion. The plaintiffs filed a motion for a judgment notwithstanding the verdict. The court denied the motion, finding that there was substantial evidence to support the jury’s finding.

California Court of Appeals Rules in Case Alleging Premature Declaration of Death

March 13, 2015 | Sharifi Firm, APC

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 declared dead, and then somehow suffered injuries to her face.

The relevant complaint for the appeal claimed that the decedent was taken to the hospital (defendant), where she received treatment for cardiac arrest, acute myocardial infarction, and hypertension. Shortly thereafter, the decedent was pronounced dead by hospital employees. The family was then brought in to say their goodbyes before her body was taken to the morgue. When workers for the mortuary that the family had selected by came to pick up the body, they found the decedent lying facedown with a broken nose and facial lacerations and contusions. The injuries had not been present when she had been transported to the hospital, nor when the family saw the decedent after she had been declared dead. The mortuary informed the family of the injuries in the course of preparing the body for the funeral.

California Court of Appeals Sides with City of San Jose Employee in Workers’ Compensation Case

March 10, 2015 | Sharifi Firm, APC

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 City of San Jose as an associate construction inspector, and two years into his job he fell, hitting his back and elbow on the pavement. Meyers immediately sought treatment for neck and back pain, which ultimately required surgery during which three of his vertebrae were fused together.

Meyers eventually returned to work but continued to experience back pain and muscle spasms, for which he continued undergoing treatment and took pain medication.