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McKinney v. California Portland Cement Co.
Evidence of lost pension, Social Security benefits was relevant to calculation of damages for wrongful death.
Torts Apr. 29, 2002
Quintana v. City of Westminster
Police officer's failure to follow all procedures in car chase did not create exception to governmental immunity.
Torts Apr. 29, 2002
Martinez v. Weld County School District RE-1
Because school district had actual notice of a dangerous condition, lawsuit for slip and fall may proceed.
Torts Apr. 29, 2002
Estate of Kennedy v. Bell Helicopter Textron Inc.
Helicopter manufacturer cannot be sued for products liability more than 18 years after product was first delivered.
Torts Apr. 26, 2002
Nielson v. Scott
Dismissal of fraud claim was appropriate where buyers of property had notice of possible septic system problems.
Torts Apr. 11, 2002
Summit Financial Holdings, Ltd. v. Continental Lawyers Title Co.
Assignee of loan who was a 'stranger' to the escrow transaction, is not owed duty of care by the escrow holder.
Torts Apr. 10, 2002
Hess v. Ford Motor Co.
Release signed by plaintiff does not cover defendant who is not party to release.
Torts Apr. 5, 2002
Christensen v. Georgia-Pacific Corp.
Longshoreman injured while retying ship to dock may bring negligence claims against ships and dock owner.
Torts Apr. 5, 2002
Naegele v. R.J. Reynolds Tobacco Co.
Individuals diagnosed with lung cancer before statute gave right to sue cannot maintain tort action against tobacco manufacturers.
Torts Apr. 3, 2002
Home Insurance Co. v. Zurich Insurance Co.
Attorney's misrepresentations to induce settlement were absolutely privileged and did not constitute extrinsic fraud.
Torts Apr. 3, 2002
McKown v. Wal-Mart Stores Inc.
Employee of independent contractor may bring action for tort of negligent provision of unsafe equipment against hirer of contractor.
Torts Apr. 3, 2002
Hooker v. Dept. of Transportation
No liability for hirer of independent contractor unless hirer's retained control 'affirmatively contributed' to the injury.
Torts Apr. 3, 2002
West v. Sundown Little League of Stockton Inc.
Coaches and league do not increase risks inherent in baseball by placing players in warm-up situations that replicate game conditions.
Torts Apr. 2, 2002
W.O. Brisben Companies Inc. v. Keystkowiak
Agent is not liable for contractual interference where his actions were not solely motivated by such interference.
Torts Apr. 1, 2002
Lowrey v. Montgomery Kone Inc.
Party may rely upon res ipsa loquitur to advance her case against elevator maintenance company for injuries sustained when elevator malfunctioned.
Torts Mar. 28, 2002
Carlson v. Ferris
Drivers are required to fasten all seat belts to defeat claim of failure to mitigate damages resulting from automobile accident.
Torts Mar. 28, 2002
Kids' Universe v. In2Labs
No triable issue of fact for toy retailer's claim of lost profits due to inability to launch e-commerce site during relevant period.
Torts Mar. 26, 2002
Van Buskirk v. Cable News Network Inc.
Issue of whether plaintiff was defamed by news network's comments regarding his taking of medication should not have been dismissed.
Torts Mar. 25, 2002
Omedelena v. Dever Options, Inc.
Duty of community centered boards to prevent neglect of developmentally disabled persons does not authorize interference with prospective contract.
Torts Mar. 20, 2002
Scott v. Matlock, Inc.
In negligence suit, OSH Act evidence may be admitted as nonconclusive evidence of standard of care in defendant's industry.
Torts Mar. 20, 2002
Ortega v. K-Mart Inc.
Merchant's shoddy inspection practices can infer that substance on floor has been there long enough that reasonable inspection would have led to its discovery.
Torts Mar. 11, 2002
Del Real v. City of Riverside
Lawsuit of motorist involved in accident with police officer is barred because she failed to file timely government tort claim.
Torts Mar. 8, 2002
Summit Financial Holdings Ltd. v. Continental Lawyers Title Co.
Title company that followed escrow instructions is not responsible for damages suffered by company who was not party to escrow.
Torts Mar. 8, 2002
Ma v. City and County of San Francisco
Person seeking emergency medical care may sue city for negligence of dispatcher that results in delay in response.
Torts Mar. 7, 2002
Domingo v. T.K. M.D.
Medical expert testimony regarding cause of fat embolism during hip replacement surgery was properly excluded under 'Daubert' analysis.
Torts Mar. 7, 2002
Micro Enhancement International v. Coopers & Lybrand LLP
Delays by accounting firm did not cause failure of company's initial public offering.
Torts Mar. 6, 2002
Dillon v. Zeneca Corp.
State law causes of action that challenge adequacy of pesticide label or its failure to warn are pre-empted by federal law.
Torts Mar. 1, 2002
Showpiece Homes Corp. v. Assurance Company of America
Private cause of action by insured against insurer under Colorado Consumer Protection Act isn't pre-empted by Unfair Claims-Deceptive Practices Act.
Torts Mar. 1, 2002
Redden v. SCI Colo. Funeral Servs. Inc.
Nonparty designation alleging professional negligence must indicate basis for asserting that nonparty is legally at fault.
Torts Mar. 1, 2002
Culver v. Samuels
Equine activity immunity statute precludes negligence claim against horse owner.
Torts Feb. 28, 2002