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Stop Loss Insurance Brokers Inc. v. Brown & Toland Medical Group
Negligent omission to perform contractual obligation, that is not omission of legal duty as well, will not support claim for equitable indemnity.
Torts Dec. 15, 2006
Barrett v. Rosenthal
Defendant who distributed statements regarding plaintiff's criminal conduct on Internet may be liable for defamation.
Torts Dec. 7, 2006
Hemady v. Long Beach Unified School District
Where student was injured during golf class, prudent person standard applied to determine school district's and coach's potential liability.
Torts Dec. 6, 2006
Quiroz v. Seventh Avenue Center
Party's survivor claim was barred by limitations period because it did not relate back to date of timely filed wrongful death claim.
Torts Nov. 28, 2006
Baptist v. Robinson
Employer is not vicariously liable for tort committed by employee who is running personal errand for his benefit, on his own time.
Torts Nov. 27, 2006
Barrett v. Rosenthal
Physicians prevail in Internet defamation suit after alleged statements are found to be made with reckless disregard for their truth.
Torts Nov. 20, 2006
Benson v. Kwikset Corp.
False advertising law prohibits distribution of locksets in California with inaccurate country of origin labels.
Torts Nov. 16, 2006
Priebe v. Nelson
Dog-bite statute does not apply to kennel technician but strict liability still applies if owner knows dog has vicious propensities.
Torts Nov. 15, 2006
Shin v. Ahn
Primary assumption of risk doctrine did not bar golfer's action where evidence established that other golfer may have increased risk of sport.
Torts Nov. 9, 2006
Buell-Wilson v. Ford Motor Co.
Punitive damages are based upon corporation's overall financial worth, but lesser ratio to compensatory damages is required if other damages are high.
Torts Nov. 7, 2006
Metz v. Soares
Plaintiff could not collect damages for loss of use of damaged vehicle when he had not used vehicle in some time.
Torts Nov. 5, 2006
Wilson v. Merritt
In medical malpractice case, motion for nonsuit is improperly granted where issue of informed consent should have gone to jury.
Torts Nov. 2, 2006
Allen v. Bayer Corp.
In multidistrict products liability litigation, court properly determined that many, but not all plaintiffs inexcusably failed to comply with case management orders.
Torts Oct. 26, 2006
Mosley v. San Bernardino City Unified School District
School district was not liable for injuries sustained by student during activity that was not school-sponsored.
Torts Oct. 24, 2006
Kinsman v. Unocal Corp.
Landowner having no control over condition cannot be liable for injuries inflicted by independent contractor on another contractor's employee.
Torts Oct. 24, 2006
Brady v. Abbott Laboratories
Because facility's de-watering activity was protected by doctrine of reasonable use, neighbor's nuisance claim failed.
Torts Oct. 24, 2006
Greer v. Buzgheia
Trial court did not err in denying motion to exclude evidence of medical costs billed to plaintiff in excess of those actually paid.
Torts Oct. 23, 2006
Caman v. Continental Airlines Inc.
Airline's failure to warn passenger of risk of developing deep vein thrombosis did not amount to 'accident' warranting relief under Warsaw Convention.
Torts Oct. 23, 2006
Priebe v. Nelson
In dog mauling case where veterinarian's rule applies, kennel worker is found to have assumed risk of being bitten.
Torts Oct. 22, 2006
Buell-Wilson v. Ford Motor Co.
Punitive damages are based upon corporation's overall financial worth, but lesser ratio to compensatory damages is required if other damages are high.
Torts Oct. 20, 2006
Ramirez v. Nelson
In wrongful death action, court should have instructed jury concerning duty not to use tools within six feet of electrical line.
Torts Oct. 19, 2006
Taylor v. Roseville Toyota Inc.
Sufficient evidence supported finding that car dealership gave employee implied permission to use vehicle that was involved in accident.
Torts Oct. 17, 2006
Bullock v. Philip Morris USA Inc.
Extreme reprehensibility of tobacco company's conduct justifies 33-to-1 ratio of punitive damages to compensatory damages.
Torts Oct. 17, 2006
Consumer Advocacy Group Inc. v. Kintetsu Enterprises of America
Court erred when it failed to evaluate whether negotiated settlement agreement for Proposition 65 claims served public interest.
Torts Oct. 17, 2006
Bassett v. Lakeside Inn Inc.
School district had immunity from suit where death of student occurred off campus and outside supervision of district.
Torts Oct. 4, 2006
Minch v. California Highway Patrol
Where officers did not create or increase risk of harm that caused plaintiff's injuries they could not be held liable in tort.
Torts Oct. 4, 2006
Sarei v. Rio Tinto, PLC
In case involving war crimes allegations, court improperly dismissed Alien Tort Claims Act claims as nonjusticiable political questions.
Torts Oct. 3, 2006
Metcalf v. County of San Joaquin
To prevail in tort action, plaintiff must prove public entity acted negligently or wrongfully even though public entity created dangerous condition.
Torts Sep. 26, 2006
Thomas v. Duggins Construction Co. Inc.
Court's refusal to apportion plaintiffs' noneconomic damages in favor of intentional tortfeasor is proper under Proposition 51.
Torts Sep. 12, 2006
Gonzalez v. Kalu
When attorney unilaterally withdraws or abandons client, representation ends when client has no reasonable expectation that attorney will furnish further legal services.
Torts Sep. 11, 2006