Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B201336
|
Ontiveros v. 24 Hour Fitness Corp.
Fitness center defeats product liability claim brought by member who sustained injuries on stair step machine. |
Torts |
|
Dec. 22, 2008 | |
S152360
|
Van Horn v. Watson
Good Samaritan who does not render emergency medical care is subject to liability for harm caused plaintiff. |
Torts |
|
Dec. 19, 2008 | |
B203392
|
Luna v. Vela
Assumption of risk does not bar claim against organizer of volleyball game who had duty not to increase risk of harm. |
Torts |
|
Dec. 17, 2008 | |
02-56256
|
Sarei v. Rio Tinto PLC
Alien Torts Statute case is remanded for determination of exhaustion requirement. |
Torts |
|
Dec. 17, 2008 | |
B195725
|
Watanabe v. California Physicians' Service
Court properly instructs jury that Blue Shield is not vicariously liable for acts or omissions of direct medical care provider. |
Torts |
|
Dec. 16, 2008 | |
07-562
|
Altria Group Inc. v. Good
Federal Cigarette Labeling and Advertising Act does not preempt state-law fraud claim by smokers of 'light' cigarettes. |
Torts |
|
Dec. 16, 2008 | |
06-36003
|
Marley v. United States
Limitations period in Federal Tort Claims Act is deemed jurisdictional, barring application of equitable estoppel or tolling. |
Torts |
|
Dec. 9, 2008 | |
D051556
|
Greystone Homes Inc. v. Midtec Inc.
Builder may recover economic losses from product manufacturer that violated Right to Repair Act through equitable indemnity action. |
Torts |
|
Dec. 4, 2008 | |
G037818
|
Sarti v. Salt Creek Ltd.
JNOV in favor of restaurant in food poisoning case is reversed where reasonable jury could infer cross-contamination. |
Torts |
|
Nov. 28, 2008 | |
G038845
|
Williamson v. Mazda Motor of America Inc.
Federal Motor Vehicle Safety Standard preempts claim alleging liability for failure to install lap/shoulder seatbelt in vehicle’s middle seating position. |
Torts |
|
Nov. 20, 2008 | |
A116707
|
Conte v. Wyeth Inc.
Drug manufacturer owes duty of care to disseminate accurate product information to those who consume generic equivalent. |
Torts |
|
Nov. 10, 2008 | |
F052419
|
Arriaga v. CitiCapital Commercial Corp.
Lessor that merely provided financing for glue spreader is not strictly liable for worker's injury. |
Torts |
|
Nov. 5, 2008 | |
A114918
|
Shopoff & Cavallo v. Hyon
Demurrer to conversion cause of action is properly sustained in long-running litigation over assets. |
Torts |
|
Nov. 3, 2008 | |
G037818
|
Sarti v. Salt Creek
JNOV in favor of restaurant in food poisoning case is reversed where reasonable jury could infer cross-contamination. |
Torts |
|
Oct. 29, 2008 | |
G038290
|
Kindrich v. The Long Beach Yacht Club
Primary assumption of risk does not apply where plaintiff voluntarily jumped off of boat onto dock. |
Torts |
|
Oct. 29, 2008 | |
G038845
|
Williamson v. Mazda Motor of America Inc.
Federal Motor Vehicle Safety Standard preempts claim alleging liability for failure to install lap/shoulder seatbelt in vehicle’s middle seating position. |
Torts |
|
Oct. 23, 2008 | |
B191514
|
Alcala v. Vazmar Corp.
Instruction on negligence per se is not required where reinstalled tires are not covered by statute designed to prevent use of unsafe tires. |
Torts |
|
Oct. 21, 2008 | |
08-55684
|
Castaneda v. United States
42 U.S.C. Section 233(a) does not establish FTCA as exclusive remedy for constitutional violations committed by Public Health Service employees. |
Torts |
|
Oct. 3, 2008 | |
G038445
|
Gunn v. Mariners Church Inc.
Ministerial exception precludes court intervention in action against church where pastor announced to congregation that worship director was fired due to homosexuality. |
Torts |
|
Oct. 2, 2008 | |
F052606
|
McKenney v. Purepac Pharmaceutical Company
State law tort claim for failure to warn of prescription drug's side effects is not pre-empted by federal law. |
Torts |
|
Sep. 29, 2008 | |
06-56267
|
MB Financial Group Inc. v. U.S. Postal Service
U.S. Postal Service is not immune from claim arising from failure to make box available due to improper handling of fees. |
Torts |
|
Sep. 26, 2008 | |
B200074
|
Wilkinson v. Zelen
Plaintiff must prove factual innocence and exoneration as to all transactionally related offenses in order to maintain legal malpractice action. |
Torts |
|
Sep. 26, 2008 | |
07-56326
|
Abagninin v. AMVAC Chemical Corp.
Ivory Coast residents' claim of genocide against pesticide manufacturer fails to allege specific intent to destroy certain group. |
Torts |
|
Sep. 25, 2008 | |
A119733
|
Salinas v. Martin
Property owner owed duty of care to contractor's employee to remove dangerous dogs from his property. |
Torts |
|
Sep. 24, 2008 | |
A118434
|
Sun v. City of Oakland
City is not liable for pedestrian's death where removal of crosswalk markings does not create dangerous condition. |
Torts |
|
Sep. 17, 2008 | |
04-56721
|
Pesnell v. Arsenault
Constitutional claims are not necessarily foreclosed by statutory bar of Federal Tort Claims Act. |
Torts |
|
Sep. 16, 2008 | |
05-36005
|
Dumontier v. Schlumberger Technology Corp.
Subcellular damage may create risk of disease but does not amount to bodily injury under Price-Anderson Act. |
Torts |
|
Sep. 12, 2008 | |
07-55241
|
Rodriguez v. United States
Federal tort case is remanded for court to determine whether modification of fee award against government is necessary. |
Torts |
|
Sep. 5, 2008 | |
B195724
|
Padilla v. Pomona College
Employer is not liable under retained control doctrine where task of providing safe work environment was delegated to subcontractor. |
Torts |
|
Sep. 4, 2008 | |
B198464
|
Jones v. P.S. Development Company Inc.
Defendants are not liable for injuries of airport security employee who tripped over explosive detection machine. |
Torts |
|
Sep. 4, 2008 |