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McLachlan v. Bell
Case was correctly certified for federal court where defendants were acting within their scope of employment under California law.
Torts Oct. 19, 2001
Prata v. Superior Court (Bank One)
Unfair competition law was violated where 'Same as Cash' credit program was deceptive and misleading.
Torts Oct. 16, 2001
County of Los Angeles v. Superior Court (Crystal B.)
Accrual of minors' tort claims against county was tolled while they were dependent minors without parents or guardians to represent them.
Torts Oct. 15, 2001
Chavez v. Carpenter
Parents of son killed in car accident may sue for wrongful death if they were dependent on son's financial support.
Torts Oct. 15, 2001
Mucsi v. Graoch Associates Limited Partnership No. 12
Landlord may have been negligent in failing to clear two-day-old snow from side exit of apartment clubhouse.
Torts Oct. 15, 2001
Hernandez-Gomez v. Volkswagen of America Inc.
State law claim over defectively designed automobile restraint system is pre-empted by federal law.
Torts Oct. 15, 2001
Vander v. U.S. Department of Justice
Prisoner injured on job can't bring action against United States under Federal Tort Claims Act for negligence regarding treatment of injury.
Torts Oct. 14, 2001
Doering v. Copper Mountain
Jury improperly instructed to consider inherent risks of skiing before determining statutory violations under the Colorado Ski Safety Act.
Torts Oct. 8, 2001
Wright v. Abbott Laboratories
Manufacturer of sodium chloride solution has no duty to warn of storage dangers resulting in its inadvertent administration.
Torts Oct. 8, 2001
Fireman's Fund Insurance Co. v. Stites
Person convicted of criminal RICO violations may also be held civilly liable for damages resulting from fraudulent enterprise.
Torts Oct. 4, 2001
Ramos v. The City of Pueblo
City immune from tort claims based on allegations of willful and wanton acts of city employees.
Torts Oct. 2, 2001
Gilmore v. Concerned Parents of Pueblo
Non-profit corporation not immune from tort liability where it received compensation for its services.
Torts Oct. 1, 2001
Young v. Johnson
Excusal of juror for family funeral was prejudicial error where counsel did not have knowledge of juror's desire to continue service.
Torts Sep. 25, 2001
Babcock v. Mason County Fire District No. 6
"Special relationship" exception is not meant to withstand public duty doctrine in negligence action against fire department.
Torts Sep. 24, 2001
Downing v. Abercrombie & Fitch
Retailer's misappropriation of plaintiffs' likenesses is not protected by First Amendment or Copyright Act.
Torts Sep. 23, 2001
Davis v. State of Washington
State is not liable for injuries on public recreation land left in its natural state.
Torts Sep. 23, 2001
Lugtu v. California Highway Patrol
Law enforcement officers have legal duty to use reasonable care for safety of persons stopped for traffic violations.
Torts Sep. 20, 2001
Lakeview Blvd. Condominium Assn. v. Apartment Sales Corp.
Statute insulating building contractors from lawsuit for weather damage to condominium is constitutional.
Torts Sep. 20, 2001
Ortega v. K Mart Corp.
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 Sep. 19, 2001
Pacheco v. Allen
Surviving spouse not required to submit wrongful death claim to binding arbitration.
Torts Sep. 18, 2001
Haralson v. Fisher Surveying Inc.
Punitive damages claims survive death of dead tortfeasor and corporate defendant can be held vicariously liable for dead employee's tortious conduct.
Torts Sep. 17, 2001
Consumer Cause Inc. v. Smilecare
Summary judgment required defendant raising 'exposure exception' to make prima facie case of application rather than merely showing defense met statutory exemption.
Torts Sep. 12, 2001
North Colorado Medical Center Inc. v. Nicholas
Hospital acted in accordance with state law and is therefore immune from liability in doctor's claims arising from suspension of privileges.
Torts Sep. 11, 2001
Moreno v. Greenwood Auto Center
Prejudgment interest may be recovered for loss of use in conversion action.
Torts Sep. 11, 2001
Merrill v. Navegar
Gun manufacturer may not be held liable in products liability action for injury caused by illegal use of gun sold to consumer.
Torts Sep. 11, 2001
Carey v. United Airlines
Warsaw Convention is plaintiff's exclusive remedy for emotional and mental distress claims arising out of airline's alleged intentional misconduct.
Torts Sep. 10, 2001
Calnimptewa v. Flagstaff Police Department
Qualified immunity for police officers applies when arrested person is released, but not when custody is handed over to another jail custodian.
Torts Sep. 10, 2001
Nathan Kimmel Inc. v. DowElanco
State law claim for intentional interference with prospective economic advantage against pesticide manufacturer is not pre-empted by federal law.
Torts Sep. 9, 2001
Eck v. Parke, Davis & Co.
Drug manufacturer is not liable for injury from prescription medicine when doctor was aware of risks.
Torts Sep. 9, 2001
Degel v. Buty
Objective standard required by informed consent statute is not unconstitutional.
Torts Sep. 9, 2001