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Iversen v. California Village Homeowners Association
Independent contractor plaintiff cannot use Cal-OSHA regulations to establish negligence per se because regulations only apply to employees. 		Torts Apr. 5, 2011
Garbell v. Conejo Hardwoods Inc.
Evidence of workers smoking and discarding cigarettes into trashcan supports jury’s finding that employer was negligent in causing house fire. 		Torts Apr. 5, 2011
Tverberg v. Fillner Construction Inc.
Injured independent contractor who lacks access to workers' compensation is owed duty of care. 		Torts Apr. 5, 2011
Branson v. Sharp Healthcare Inc.
Court may order refund of overpayment of Medi-Cal lien as exceeding reimbursable medical costs based on beneficiary’s reasonable calculation adopted by court. 		Torts Mar. 31, 2011
Lefiell Manufacturing Co. v. Superior Court (Watrous)
Spouse has standing to pursue loss of consortium damages where claim is dependant on employee’s injury under Labor Code Section 4558. 		Torts Mar. 30, 2011
Behr v. Redmond
In action alleging tortious transmission of genital herpes, award of damages for future medical expenses is excessive based on plaintiff's life expectancy. 		Torts Mar. 29, 2011
Tverberg v. Fillner Construction Inc.
Hirer may be held directly liable for independent contractor’s injury where hirer retained control over safety conditions at jobsite. 		Torts Mar. 28, 2011
Leung v. Verdugo Hills Hospital
Rule releasing consideration for several liability of joint tortfeasors governs damages allocation following settlement, which court found was not in good faith. 		Torts Mar. 24, 2011
Iversen v. California Village Homeowners Association
Independent contractor plaintiff cannot use Cal-OSHA regulations to establish negligence per se because regulations only apply to employees. 		Torts Mar. 24, 2011
Hayes v. County of San Diego
Summary judgment is improper where deputies’ use of force in killing of suicidal victim who did not pose immediate threat was likely unreasonable. 		Torts Mar. 23, 2011
Behr v. Redmond
In action alleging tortious transmission of genital herpes, award of damages for future medical expenses is excessive based on plaintiff's life expectancy. 		Torts Mar. 16, 2011
Rosen v. St. Joseph Hospital of Orange County
Plaintiff's causes of action based on alleged conversion of evidence constitute spoliation of evidence claims, which are barred. 		Torts Mar. 11, 2011
Cabral v. Ralphs Grocery Co.
Driver has general duty to use ordinary care in operating vehicle, and specific factual circumstances are improper factors in determining foreseeability in negligence analysis. 		Torts Mar. 1, 2011
Cabrera v. E. Rojas Properties Inc.
Collateral source rule does not bar reduction of past medical expenses that reflect rate discount between medical insurer and provider. 		Torts Feb. 25, 2011
Williamson v. Mazda Motor of America Inc.
State tort suit regarding manufacturer’s choice of seatbelt is not preempted by federal law giving manufacturers choice of which seatbelt type to install. 		Torts Feb. 24, 2011
Bruesewitz v. Wyeth LLC
National Childhood Vaccine Injury Act preempts all design-defect claims against vaccine manufacturers seeking compensation for injury caused by side effect. 		Torts Feb. 23, 2011
MDY Industries LLC v. Blizzard Entertainment Inc.
Court errs in granting summary judgment on tortious interference claim in relation to program that automatically plays online game, where triable issues existed. 		Torts Feb. 18, 2011
Rosencrans v. Dover Images Ltd.
Court errs in granting summary judgment because absence of flagger on motocross track raised issue of whether it constituted extreme departure from standard of conduct. 		Torts Feb. 17, 2011
Johnson & Johnson v. Superior Court (Trejo)
Manufacturer’s willful conduct in drug labeling raises triable issue of fact where manufacturer had knowledge of drug's side effects but failed to modify label. 		Torts Feb. 10, 2011
Jackson v. Doe
Court properly dismisses plaintiff’s sexual abuse claim for failing to file within limitations period and inexcusable neglect in filing required certificates. 		Torts Feb. 10, 2011
Smith v. Freund
Parents of adult son who suffered from social disorder do not owe duty of care to family of murdered victims when harm was unforeseeable. 		Torts Feb. 3, 2011
Bologna v. City and County of San Francisco
Surviving family members cannot proceed against city under theory that policy of providing sanctuary to illegal immigrants caused decedents' murders. 		Torts Feb. 1, 2011
Green v. United States
Forest Service is not immune from suit for its failure to notify private property owners of backfire, which damaged private properties. 		Torts Jan. 26, 2011
Gaeta v. Perrigo Pharmaceuticals Co.
Federal law does not preempt state law failure-to-warn claims against generic drug manufacturer where there is no evidence that FDA would reject additional warning. 		Torts Jan. 25, 2011
Roe 58 v. Doe 1
Claim against church entities for childhood sexual abuse by priest is time barred because delayed discovery limitations period does not apply to defendant entities. 		Torts Jan. 21, 2011
Pannu v. Land Rover North America Inc.
Evidence of slight alterations to vehicle at little cost and manufacturer agreeing that changes were feasible weigh in favor of proving strict liability. 		Torts Jan. 20, 2011
Eriksson v. Nunnink
Grant of summary judgment is erroneous when triable issues existed as to whether trainer increased inherent risk in horse jumping by assigning lame horse. 		Torts Jan. 10, 2011
Hooper v. County of San Diego
Excessive force claim based on resisting arrest conviction is not barred where officer uses unreasonable force in addition to reasonable force in detaining plaintiff. 		Torts Jan. 4, 2011
Lawson v. Safeway Inc.
Driver of large commercial truck has duty to park truck where it does not create unreasonable risk of harm to passing motorists. 		Torts Jan. 3, 2011
Lujano v. County of Santa Barbara
Plaintiff's excessive force claim is barred because her acceptance of informal probation did not constitute favorable termination allowing for civil tort liability. 		Torts Jan. 2, 2011
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