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Name Category Published
Bell v. Greg Agee Construction Inc.
Employee of subcontractor without worker's compensation insurance cannot recover against general contractor absent showing of affirmative contribution to injuries. 		Torts Jul. 13, 2005
Cadlo v. Owens-Illinois
Original designer of asbestos containing product is not liable for subsequent manufacturer's design and distribution. 		Torts Jul. 12, 2005
Knievel v. ESPN
Photograph caption calling plaintiff 'pimp' on jocular website is not defamatory as matter of law. 		Torts Jul. 11, 2005
Enslen v. Kennedy
Family physician was qualified to offer opinion as to negligence of chiropractors in malpractice case. 		Torts Jun. 20, 2005
Francies v. Kapla
Trial court incorrectly calculated recoverable damages under Medical Injury Compensation Reform Act. 		Torts Jun. 20, 2005
Whisnant v. U.S.
Discretionary function exception cannot shield government from Federal Tort Claims Act liability for negligence. 		Torts Jun. 19, 2005
Elsner v. Uveges
Employee may use Cal-OSHA provisions to establish duty of care in negligence action against non-employer. 		Torts Apr. 12, 2005
Weseloh Family Limited Partnership v. K.L. Wessel Construction Co. Inc.
Third-party design engineering consultant has no duty of care in absence of contractual privity. 		Torts Apr. 11, 2005
Dixon v. City of Livermore
There is no substantial evidence to support finding that air show management company's negligent acts or omissions caused helicopter crash. 		Torts Mar. 15, 2005
Robinson Helicopter Co. Inc. v. Dana Corp.
Economic loss rule does not bar tort action for intentional misrepresentation or fraud in performance of contract. 		Torts Feb. 14, 2005
Ewing v. Goldstein
Civil Code section 43.92 does not immunize psychotherapist for failing to warn of serious threat communicated by patient's father. 		Torts Feb. 7, 2005
Hughes v. Hughes
Evidence that man 'dabbled in the pimptorial arts' is sufficient to defend defamation claim for son's statement, 'Our dad's a pimp.' 		Torts Jan. 14, 2005
Caloroso v. Hathaway
No expert was needed to determine whether sidewalk crack that caused plaintiff's fall was trivial. 		Torts Jan. 14, 2005
Rey Piedra, a Minor
Parents of child who was heavily medicated during seizures failed to prove medical malpractice. 		Torts Jan. 12, 2005
Morohoshi v. Pacific Home
Regional center is not vicariously liable for negligence-related death that occurred in residential care facility. 		Torts Jan. 11, 2005
Gallagher v. Connell
Hearsay admitted without objection is sufficient to defeat anti-SLAPP motion. 		Torts Jan. 11, 2005
Bunch v. Hoffinger Industries Inc.
Danger of diving into shallow, above-ground pool is not open and obvious to 11-year-old, as a matter of law. 		Torts Jan. 11, 2005
Lara v. Nevitt
Trucker who failed to wear safety restraint while sleeping in truck berth was partially responsible for accident. 		Torts Jan. 10, 2005
Laico v. Chevron U.S.A. Inc.
Nonsuit is appropriate in premises liability claim where no evidence shows that property owner knew of benzene hazard created by tenant's activities. 		Torts Jan. 10, 2005
Hill Brothers Chemical Co. v. Superior Court (Lorentsen)
Private motor carrier is not liable for vehicular negligence of its independent contractor. 		Torts Jan. 10, 2005
Powers v. The Rug Barn
Merely hiring competitor's employee without use of unfair methods is not actionable interference with contract. 		Torts Jan. 5, 2005
Kramer v. Intuit Inc.
Defendant's rebate program does not violate consumer protection law when its language is not misleading. 		Torts Nov. 19, 2004
Shore v. Gurnett
Defendant convicted of vehicular manslaughter may be liable for punitive damages in subsequent civil case. 		Torts Nov. 19, 2004
Wiener v. Southcoast Childcare Centers, Inc.
Foreseeabilty of harm must be determined when childcare center failed to erect sturdy barrier between playground and busy street. 		Torts Nov. 16, 2004
Morohoshi v. Pacific Home
Trial court erred in refusing to allow jury to find defendant vicariously liable for individual's death caused by negligence of defendant's agent. 		Torts Nov. 16, 2004
Prescod v. AMR Inc.
Court will reconsider whether airline passenger who died was contributorily negligent. 		Torts Nov. 9, 2004
Rodriguez v. Ansett Australia Ltd.
Airline passenger who developed deep vein thrombosis did not have 'accident' under Warsaw Convention. 		Torts Nov. 9, 2004
Boeken v. Philip Morris Inc.
Defendant's reliance on tobacco company's misrepresentations regarding dangers of smoking was justifiable. 		Torts Nov. 9, 2004
Cruz v. Superior Court (Advanced OBGYN Medical Group)
Mother alleging birth injuries may be subjected to genetic screening through blood test. 		Torts Oct. 8, 2004
Siebel v. Mittlesteadt
Trial court erred in granting summary judgment for defendants in malicious prosecution action on ground plaintiff failed to achieve favorable outcome of underlying suit. 		Torts Oct. 8, 2004
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