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Sheeler v. Greystone Homes Inc.
General contractor is not liable for injuries sustained by employee of subcontractor.
Torts Jul. 29, 2004
Taylor v. John Crane Inc.
Manufacturer of valve packing is liable for Navy worker's asbestos exposure.
Torts Jul. 29, 2004
Casa Herrera Inc. v. Beydoun
Termination of breach of contract action based on parole evidence rule satisfies favorable termination element of malicious prosecution claim.
Torts Jul. 28, 2004
Zamos v. Stroud
Attorney is liable for malicious prosecution for continuing to prosecute lawsuit discovered to lack probable cause.
Torts Jul. 28, 2004
Hernandez v. KWPH Enterprises
Defendant emergency medical technicians had no legal duty to prevent voluntary charge from leaving ambulance.
Torts Jul. 26, 2004
Covenant Care Inc. v. Superior Court (Inclan)
Plaintiff seeking heightened remedies under Elder Abuse Act need not comply with Code of Civil Procedure Section 425.13 to claim punitive damages.
Torts Jul. 26, 2004
Lathrop v. Healthcare Partners Medical Group
Medical group is subject to $250,000 cap on noneconomic damages even though it is not "health care provider" as defined by MICRA.
Torts Jul. 26, 2004
Childs v. County of Santa Barbara
Child injured while riding scooter on uplifted sidewalk may sue county for dangerous condition.
Torts Jul. 26, 2004
Lovejoy v. AT&T Corp.
Telephone company that 'slammed' customer's toll-free number may be liable for fraudulent concealment.
Torts Jul. 25, 2004
Guerrero v. South Bay Union School District
School district is not liable for student's injury sustained while crossing street after classes were dismissed.
Torts Jul. 22, 2004
Citi-Wide Preferred Couriers Inc. v. Golden Eagle Insurance Corp.
Lawsuit that seeks damages which only partially lack probable cause may trigger malicious prosecution claim.
Torts Jul. 22, 2004
Whiteley v. Philip Morris Inc.
Court erred in refusing to instruct jury regarding 10-year statutory immunity in suit against tobacco company.
Torts Jul. 22, 2004
Franklin v. Dynamic Details Inc.
E-mail messages that accuse plaintiffs of conducting business unlawfully are not actionable as libel.
Torts Jul. 12, 2004
Cuevas v. Truline Corp.
Arbitrator's finding that big rig driver was one percent liable for accident does not bar future lawsuit.
Torts Jul. 2, 2004
Wiener v. Southcoast Childcare Centers
Neither childcare center or property owner are liable where driver intentionally drove his car through fence onto playground, killing and injuring children.
Torts Jul. 2, 2004
Hassan v. Mercy American River Hospital
Hospital's communication of information to another hospital, with the intent to aid in evaluation of doctor's qualifications and fitness, is privileged.
Torts Jun. 23, 2004
Sweat v. Big Time Auto Racing Inc.
Plaintiff's signed release at automobile race does not charge him with assuming risk of injury from defectively constructed bleachers.
Torts Jun. 9, 2004
Long v. The Walt Disney Co.
Plaintiffs' suit over use of their computer-altered childhood likenesses in nationally broadcast program is time barred under Uniform Single Publication Act.
Torts May 21, 2004
Ileto v. Glock Inc.
Victims of shooting rampage may sue gun manufacturers for negligence and public nuisance.
Torts May 19, 2004
Guerrero v. Gates
Court properly rejects plaintiff's 42 U.S.C. Section 1983 claims for wrongful arrest and malicious prosecution.
Torts May 7, 2004
Motus v. Pfizer Inc.
Plaintiff failed to establish sufficient causal link between husband's suicide and conduct of drug manufacturer.
Torts Apr. 12, 2004
Navarette v. Holland
Wife's allegedly false statements of spousal abuse to law enforcement and district attorney fall within absolute privilege.
Torts Apr. 7, 2004
Rabkin v. Oregon Health Sciences University
Award under Oregon's Whistleblower Law is limited to $200,000 under Oregon Tort Claims Act.
Torts Mar. 17, 2004
Marich v. MGM/UA Telecommunications Inc.
Parents who were recorded on telephone while learning of son's death may sue television producers for invasion of privacy.
Torts Mar. 15, 2004
Brenner v. City of El Cajon
City cannot be held liable for dangerous condition of street based on its failure to install traffic regulatory devices.
Torts Mar. 15, 2004
Romo v. Ford Motor Co.
Punitive damages for car roll over that killed three people are reduced to $23.7 million.
Torts Mar. 15, 2004
Spates v. Dameron Hospital Ass'n.
Plaintiff's emotional distress argument against hospital caring for her mother is rejected for lack of legal support.
Torts Mar. 11, 2004
Noel v. River Hills Wilsons Inc.
Former employer that gave negative reference based on incorrect information was not liable for defamation.
Torts Mar. 10, 2004
Olympic Airways v. Husain
Airline that refused to move asthmatic passenger away from smoking section is liable for wrongful death.
Torts Mar. 2, 2004
Husain v. Olympic Airways
Warsaw Convention's 'willful misconduct' standard justifies damage award.
Torts Feb. 26, 2004