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Beeftu v. Creekside Ventures
Developer did not breach implied warranty of habitability where builder constructed home not suitable for lot.
Torts Feb. 28, 2002
Siepierski v. Catholic Health Initiative Mountain Region
Expert testimony not required to support claim for assault and battery against non-professional hospital employee.
Torts Feb. 28, 2002
Shannon v. State of Washington
Claimants filing tort lawsuit against government must verify claim.
Torts Feb. 26, 2002
Marin Tug & Barge Inc. v. Westport Petroleum Inc.
Motive is irrelevant in tort of intentional interference with prospective economic advantage; unlawful act is required.
Torts Feb. 22, 2002
Lueter v. State of California
Plaintiffs cannot assert tort claim for negligent spoliation of evidence.
Torts Feb. 21, 2002
Sandoval v. Bank of America
Court's erroneous answer to jury's causation inquiry was prejudicial and requires reversal.
Torts Feb. 21, 2002
Alfrey v. United States
Wife of decedent may pursue claim that government negligently failed to perform 'Central Inmate Monitoring' evaluation.
Torts Feb. 21, 2002
Barnett v. Denver Publishing Co.
Substantial truth of statement in newspaper article was defense to defamation claim.
Torts Feb. 20, 2002
Wisdom v. City of Sterling
Water meter pit constitutes public water facility for purposes of the immunity under Colorado Governmental Immunity Act.
Torts Feb. 20, 2002
Hartwell Corp. v. Superior Court (Santamaria)
Public Utilities Commission has exclusive jurisdiction over tort cases against regulated utilities but not over cases against companies not regulated by commission.
Torts Feb. 19, 2002
Richardson v. Starks
School district not liable to student under governmental immunity act.
Torts Feb. 19, 2002
Command Communications, Inc. v. Fritz Companies, Inc.
Customs broker did not breach fiduciary duty in failing to advise client to protest product classification.
Torts Feb. 19, 2002
Ortega v. Kmart Corp.
Store may be liable for injuries from slip and fall if customer can prove site wasn't inspected within reasonable period of time.
Torts Feb. 14, 2002
Mc Kown v. Wal-Mart Stores Inc.
Hiring party is liable for injuries to employees of independent contractor caused by defective equipment that hiring party supplied.
Torts Feb. 13, 2002
GionFriddo v. Major League Baseball
Use of former major league baseball players photographs and statistics is characterized as historical use and substantial public interest.
Torts Feb. 11, 2002
McKown v. Wal-Mart Stores Inc.
Hiring party is liable for injuries to employees of independent contractor caused by defective equipment that hiring party supplied.
Torts Jan. 29, 2002
Wells Fargo Bank v. Arizona Laborers
Pension funds claims against bank were intentional torts, therefore court erred in granting summary judgment to bank based on no duty to disclose.
Torts Jan. 21, 2002
Flanagan v. Flanagan
Violation of privacy act requires penalty application for each confidential communication recorded without parties' consent, not single penalty for multiple violations.
Torts Jan. 14, 2002
Minster v. Contadina Food Inc.
Employee of independent contractor may not pursue claim for negligent hiring against hirer of independent contractor.
Torts Jan. 13, 2002
Minster v. Contadina Food, Inc.
Employee of independent contractor may not pursue claim for negligent hiring against hirer of independent contractor.
Torts Jan. 13, 2002
LaPlante v. Wellcraft Marine Corp.
Federal Boat Safety Act does not pre-empt state tort claims for negligence, strict liability and breach of warranty.
Torts Jan. 11, 2002
Solis v. Kirkwood Resort Co.
Injured skier may sue resort because of ambiguity in release and possible increased risk of harm.
Torts Jan. 10, 2002
Hatten v. White
Prisoner does not have valid tort claim for alleged mishandling of his property by federal prison employees.
Torts Jan. 9, 2002
Joe Dickerson & Associates v. Dittmar
Defendant's use of plaintiff's name and likeness is privileged under First Amendment.
Torts Jan. 8, 2002
In re N.P.D.
Plaintiff who prevails in tort lawsuit may collect from community property if separate property is insufficient.
Torts Jan. 8, 2002
Jones v. Cruzan
Evidence of post-accident conduct admissible for purposes of punitive damages.
Torts Jan. 7, 2002
Lovejoy v. AT&T Corp.
Claim of 'fraudulent concealment' is actionable to counter growing practice of 'slamming' committed by telephone carriers.
Torts Jan. 7, 2002
Borjas v. State Farm Mutual Automobile Insurance Co.
Motorist may recover uninsured motorist damages even though other driver was immune from liability.
Torts Jan. 7, 2002
Schiff v. Prados
Physician is not required to disclose antineoplastons treatment for child with cancer where treatment was illegal under California law.
Torts Jan. 7, 2002
Mastro v. Petrick
Under doctrine of primary assumption of the risk, snowboarder owes no duty of care to skier on same slope.
Torts Jan. 7, 2002