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Spriesterbach v. Holland
In motor vehicle negligence case, court does not need to give right-of-way instruction when jury already found defendant used reasonable care. 		Torts Apr. 10, 2013
Perry v. County of Fresno
County is not liable when its correctional officer used inmates’ information in computer system to write threatening letters as part of personal vendetta. 		Torts Apr. 5, 2013
Quigley v. McClellan
Veterinarian who performed prepurchase examination of competition horse is not negligent because no evidence showed other doctors would have acted differently. 		Torts Apr. 1, 2013
Collins v. Navistar Inc.
Driver may sue truck manufacturer for product liability after he suffered injuries when teenager threw rock through windshield, striking him in the head. 		Torts Apr. 1, 2013
Millbrook v. United States
Federal prisoner may pursue tort claims against U.S. government alleging he was sexually assaulted and verbal threatened by correctional officers while in custody. 		Torts Mar. 27, 2013
Perez v. Nidek Co. Ltd.
LASIK eye surgery patient may not sue laser manufacturer solely because unapproved FDA status of device was not disclosed. 		Torts Mar. 25, 2013
Wos v. E.M.A.
North Carolina may not take one-third of child’s $2.8 million recovery from medical malpractice claim as reimbursement for medical expenses paid on child’s behalf. 		Torts Mar. 21, 2013
Ignat v. Yum! Brands Inc.
Employee may sue company for supervisor’s public disclosure of her bipolar disorder by word of mouth, even if disclosure was not made in writing. 		Torts Mar. 20, 2013
Webb v. Special Electric Co. Inc.
Asbestos exposure case is revived due to trial court's improper grant of judgment notwithstanding verdict after jury returned verdict in favor of plaintiff. 		Torts Mar. 15, 2013
Minish v. Hanuman Fellowship
Woman who fell from forklift may pursue negligence claim against property owner, which claimed she was a covered volunteer under Workers’ Compensation Act. 		Torts Mar. 14, 2013
Shell Offshore Inc. v. Greenpeace Inc.
Greenpeace is prohibited from coming within specified distance of vessels involved in Shell's Arctic outer continental shelf exploration for oil. 		Torts Mar. 14, 2013
City of Costa Mesa v. D'Alessio Investments LLC
City must face commercial property owner’s claims of slander after obtaining injunction against alleged prostitution and operation of medical marijuana dispensaries. 		Torts Mar. 13, 2013
Gilstrap v. United Air Lines Inc.
Airplane passenger who had difficulty walking may sue airline for its alleged failure to provide her with adequate assistance while moving through airport. 		Torts Mar. 13, 2013
Garrett v. Howmedica Osteonics Corp.
Metallurgist’s declaration that prosthetic device was softer than ‘minimum required hardness’ creates triable issues of fact as to whether prosthesis was defective. 		Torts Mar. 7, 2013
Levin v. United States
United States must face veteran’s lawsuit alleging Navy surgeon committed medical battery during cataract surgery. 		Torts Mar. 5, 2013
Flores v. Presbyterian Intercommunity Hospital
Woman injured following bed rail's collapse has two years, rather than one, to sue hospital because equipment failure does not constitute professional negligence. 		Torts Feb. 28, 2013
San Francisco Unified School District ex rel. Contreras v. First Student Inc.
Company’s former employees successfully challenge injunction barring them from discussing False Claims Act action against company with current employees. 		Torts Feb. 20, 2013
Greyhound Lines Inc. v. Dept. of the California Highway Patrol
California Highway Patrol is not liable for accident involving bus that hit disabled SUV despite operator's failure to include lane blockage information in accident report. 		Torts Feb. 15, 2013
Bylsma v. Burger King Corp.
Customer may sue Burger King after its employees served him hamburger tainted with saliva, even if he did not suffer physical injury or consume food. 		Torts Feb. 13, 2013
Fortman v. Forvaltningsbolaget Insulan AB
Sister may not sue manufacturer of scuba diving equipment that caused brother’s death because she did not realize equipment caused injury during accident. 		Torts Feb. 11, 2013
Pomona Valley Hospital Medical Center v. Superior Court (Cabana)
Patient suing hospital for botched surgery cannot add punitive damages claim based on allegations that she was unwitting participant in secret research project. 		Torts Feb. 8, 2013
Bigler v. The Harker School
Former student must arbitrate tort claims against school, which allegedly took place on school campus, based on arbitration provision in enrollment contract. 		Torts Feb. 7, 2013
Whatley-Miller v. Cooper
In medical negligence case, offer to compromise made by widow and daughters of deceased is valid because it included separate document of acceptance. 		Torts Feb. 7, 2013
So v. Shin
Patient’s negligence claim against anesthesiologist who shoved container of blood at patient is not barred because anesthesiologist’s actions were not professional negligence. 		Torts Jan. 29, 2013
Gregory v. Cott
Alzheimer’s patient is not liable for cut on wrist suffered by her caregiver when patient reached for knife in caregiver’s hand. 		Torts Jan. 29, 2013
Silas v. Arden
Lawyer prevails in malicious prosecution action against other lawyer who filed underlying suit for failure to bring claim based on inapplicable exception. 		Torts Jan. 29, 2013
Faulkner v. ADT Security Services Inc.
Invasion of privacy claim against security provider based on recorded phone call falls short where customer failed to sufficiently describe call’s circumstances. 		Torts Jan. 17, 2013
Kassey S. v. City of Turlock
Police officer who sexually assaulted minor during police explorer program is not required to report abuse to child protective agency. 		Torts Jan. 17, 2013
Tom Jones Enterprises Ltd. v. County of Los Angeles
Judgment creditor’s negligence claim against county for wrongful levy fails because litigation privilege protects sheriff's department's instruction to release funds. 		Torts Jan. 17, 2013
Rickley v. Goodfriend
Conspiracy claims against attorneys are properly added to complaint where attorneys owed independent legal duties to plaintiff in connection with underlying nuisance action. 		Torts Jan. 16, 2013
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