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Name Category Published
Shively v. Bozanich
Discovery rule does not apply to delay accrual of cause of action for defamation contained in published book.
Torts Feb. 17, 2004
Eastburn v. Regional Fire Protection Authority
Emergency dispatchers are not liable for injuries sustained after delayed response to 911 call.
Torts Feb. 13, 2004
Henley v. Philip Morris Inc.
Punitive damages award of $25 million against cigarette manufacturer must be reduced.
Torts Feb. 11, 2004
Casa Herrera Inc. v. Beydoun
Defendant who had suit terminated based on parole evidence rule may pursue later claim for malicious prosecution.
Torts Feb. 2, 2004
Slaney v. Ranger Insurance Co.
Court did not err in denying plaintiff's SLAPP motion because findings of malice and lack of probable cause supported inferences.
Torts Jan. 29, 2004
Steven F. v. Anaheim Union High School District
Parents of high school student who had affair with teacher cannot recover for emotional distress.
Torts Jan. 23, 2004
Arboireau v. Adidas-Salomon AG
Former employee may proceed to trial on claim of intentional misrepresentation of position's locational stability.
Torts Jan. 6, 2004
Park v. Burlington Northern Santa Fe Railway Co.
Generator of hazardous waste is not liable for injuries suffered by employee of independent contractor.
Torts Dec. 8, 2003
Tarpy v. County of San Diego
County is not immune from suit under Food and Agriculture Code, however, release of county from liability is valid.
Torts Dec. 5, 2003
Claxton v. Atlantic Richfield Co.
Plaintiff presented substantial evidence of prior similar incidents showing reasonably foreseeable risk of violent criminal assaults.
Torts Dec. 5, 2003
KB Home v. Superior Court (Consolidated Industries Corp.)
Home builder may seek tort damages for defective furnace rod that damaged other parts of furnace.
Torts Dec. 4, 2003
Norman v. Life Care Centers of America Inc.
In action alleging elder abuse and wrongful death, court improperly denied jury instruction on negligence per se.
Torts Nov. 26, 2003
Mirzada v. Dept. of Transportation
Plaintiffs failed to meet their burden of production establishing triable issue of fact concerning Caltrans' loss of design immunity.
Torts Nov. 26, 2003
Joyce v. Simi Valley Unified School District
Open school yard gate that encourages children to cross dangerous intersection constitutes dangerous condition of public property.
Torts Nov. 25, 2003
Jacobs v. Grossmont Hospital
Welfare and Institutions Code Section 5278 affords immunity only for decision to involuntarily detain mentally disabled patient.
Torts Nov. 25, 2003
Burch v. Children's Hospital of Orange County Thrift Stores Inc.
Unapportioned settlement offer made to multiple defendants not valid, so prejudgment interest and expert witness costs not recoverable.
Torts Nov. 21, 2003
Butler v. Bell Helicopter Textron Inc.
Helicopter manufacturer that withheld information from federal agency may be liable for crash.
Torts Nov. 21, 2003
Ferris v. Gatke Corp.
Court did not err in barring plaintiff from pursuing burden-shifting market share theory of tort liability in asbestos action.
Torts Nov. 21, 2003
Stroock & Stroock & Lavan LLP v. Tendler
In malicious prosecution action, trial court erred in granting motion to strike under anti-SLAPP statute because firm demonstrated probability it would prevail.
Torts Nov. 13, 2003
Cryolife Inc. v. Superior Court (Minvielle)
Strict products liability action may not be brought against tissue bank that provided tendon graft for transplantation.
Torts Oct. 28, 2003
Curtis v. Santa Clara Valley Medical Center
Plaintiff alleging medical practice was required to present expert testimony that physicians deviated from standard of care.
Torts Oct. 24, 2003
Hamilton v. Martinelli & Associates
Doctrine of primary assumption of risk bars employee's tort claims for injury caused by participation in training course.
Torts Oct. 24, 2003
Sakiyama v. AMF Bowling Centers Inc.
Owner of facility where 'rave' party was held did not owe duty of care to partygoers.
Torts Oct. 24, 2003
M.W. v. Panama Buena Vista Union School District
School district owed duty to protect student from campus assault prior to school hours.
Torts Oct. 24, 2003
Hoblitzell v. City of Ione
City is not vicariously liable for employee misconduct committed outside city limits and for personal motives.
Torts Oct. 24, 2003
Kahn v. East Side Union High School District
Coach may be liable for instructing swimmer to dive into shallow end of racing pool.
Torts Oct. 21, 2003
Kremen v. Cohen
Internet domain name is protected by conversion law, thus viable claim for conversion exists.
Torts Oct. 16, 2003
Lieberman v. Fieger
Attorney's statements about doctor during television interview are constitutionally protected opinions, not defamatory statements.
Torts Oct. 16, 2003
Turner v. Burlington Northern Santa Fe Railroad Co.
Fire investigator may not testify that fire resulted from arson based on lab report.
Torts Oct. 16, 2003
Clausen v. M/V New Carissa
Expert testimony on issue of causation concerning oysters' deaths was properly admitted.
Torts Oct. 15, 2003