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Grant-Burton v. Covenant Care Inc.
Employee fired for discussing bonus structures with other directors has claim for wrongful termination.
Torts Oct. 2, 2002
Mejia v. Community Hospital of San Bernardino
Hospital is not entitled to nonsuit because there was triable issue as to whether negligent radiologist was ostensible agent.
Torts Oct. 2, 2002
Ross v. Creel Printing & Publishing Co. Inc.
Creditors seeking payment for bad checks are not liable for intentional infliction of emotional distress.
Torts Oct. 2, 2002
Wilson v. Parker, Covert & Chidester
Plaintiff fails to establish malicious prosecution when court denied motion to strike action as SLAPP suit.
Torts Oct. 2, 2002
McCabe v. American Honda Motor Co.
Under 'consumer expectation theory,' issues of fact regarding design defect of driver-side air bag remain to be resolved.
Torts Oct. 2, 2002
Alvarez v. Jacmar Pacific Pizza Corp.
Unforeseeable murder committed at restaurant does not warrant action for premises liability.
Torts Oct. 2, 2002
Rodrigo v. Koryo Martial Arts
Primary assumption of risk barred potential recovery by martial arts student because instructor did not increase risks associated with learning sport.
Torts Sep. 30, 2002
Oki Semiconductor Co. v. Wells Fargo Bank
Bank is not vicariously liable for teller's conspiracy and money laundering activities.
Torts Sep. 26, 2002
Roach v. Mail Handlers Benefit Plan
Plaintiff's claim is medical malpractice claim, not denial of benefits claim pre-empted by Federal Employees Health Benefits Act.
Torts Sep. 26, 2002
McGraw v. United States
Failure-to-diagnose claim under Federal Tort Claims Act is discovered when plaintiff is aware of pre-existing condition that becomes more serious.
Torts Sep. 26, 2002
Goodman v. United States
United States did not breach its duty to obtain informed consent from woman who suffered from cancer and participated in clinical research study.
Torts Sep. 25, 2002
Northern Queen Inc. v. Kinnear
Where captain of sunken unseaworthy vessel failed to perform duties, corporation is not entitled to liability limitation nor liable to captain's estate.
Torts Sep. 25, 2002
Adams v. Synthes Spine Co. LP
Consumer expectation theory does not revive strict products liability claim which alleged defective warning.
Torts Sep. 25, 2002
Bally's Pacwest Inc. v. Stokes
Waiver of negligence signed by health club member is enforceable.
Torts Sep. 25, 2002
Rubio v. Farris
Prevailing party may be entitled to costs when damages and pre-settlement offer costs are considered.
Torts Sep. 23, 2002
Bloxham v. Glock Inc.
Gun manufacturer and gun show operator have no duty to control third-party conduct or protect victims.
Torts Sep. 23, 2002
Medina v. Public Utility District No. 1
Plaintiff must wait 60 days before filing personal injury claim against county in trial court.
Torts Sep. 23, 2002
Brown v. Labor Ready Northwest
Labor agency is not vicariously liable for negligence of worker under 'borrowed servant' doctrine.
Torts Sep. 23, 2002
Vanderbeek v. Vernon Corp.
Court clarifies proper test for assessing consequential damages arising from economic tort.
Torts Sep. 22, 2002
Myers v. Philip Morris Companies Inc.
Immunity statute shields tobacco companies from product liability actions based on conduct occurring in 10-year period when statute was in effect.
Torts Sep. 18, 2002
Naegele v. R.J. Reynolds Tobacco Co.
Immunity statute's protection does not extend to allegations that tobacco companies used additives that exposed smokers to dangers beyond those associated with cigarette smoking.
Torts Sep. 18, 2002
Dazo v. Globe Airport Security Services
Warsaw Convention doesn't apply to airport security company rendering services to both international and domestic air passengers.
Torts Sep. 17, 2002
Romo v. Ford Motor Co.
Presumption of prejudice is rebutted where jurror mentions '60 minutes' segment and dream during deliberations.
Torts Sep. 17, 2002
Seelig v. Infinity Broadcasting Corp.
Defamation claims against morning radio show do not survive California's Anti-SLAPP statute.
Torts Sep. 17, 2002
Seo v. All-Makes Overhead Doors
Independent contractor/repairer owes no duty to third party injured by equipment repaired where injury is unrelated to specific repairs.
Torts Sep. 17, 2002
Ryder v. Mitchell
Children's therapist doesn't have duty to their mother.
Torts Sep. 16, 2002
The Denver Publishing Co. v. Bueno
Court declines to recognize tort of false light invasion of privacy.
Torts Sep. 16, 2002
Collette v. Tolleson Unified School District, No. 214
School district does not have duty to protect general public from negligent driving of students who left campus during their lunch hour.
Torts Sep. 12, 2002
Fielder v. Academy Riding Stables
Stable owner is not immune from liability for damages related to failure of rider to control horse.
Torts Sep. 3, 2002
Leef v. Burlington Northern
Assault on train crew by transient is not reasonably foreseeable to create liability under FELA.
Torts Sep. 3, 2002