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Name Category Published
Doe v. Heitler
Plaintiff may not proceed under John Doe pseudonym where his privacy interest did not justify protecting his real name.
Torts Sep. 6, 2001
Padilla v. School District No. 1
Developmentally disabled child injured at school didn't allege sufficient facts to establish connection between school building's condition and her injuries.
Torts Sep. 6, 2001
Powell v. City of Colorado Springs
Governmental immunity waived with respect to maintenance of drainage ditch.
Torts Sep. 6, 2001
Henry-Hobbs v. The City of Longmont
Government is not immune from liability for injuries incurred in City operated and maintained irrigation ditch.
Torts Sep. 6, 2001
Stewart v. Rice
Jury may use its discretion in awarding economic damages to minor injured in auto accident.
Torts Sep. 6, 2001
Lewis v. Emil Clayton Plumbing Co.
Company used to replace water heater has no duty to warn occupants of dangerous condition of connection to gas stove.
Torts Sep. 5, 2001
Rasmussen v. Bendotti
Scuba diver's failure to inflate equipment was not legal cause of fellow diver's death.
Torts Sep. 4, 2001
Hickle v. Whitney Farms Inc.
Employers who hired independent contractor to dispose waste may be held liable if shown to know of and sanction contractor's illegal conduct.
Torts Sep. 3, 2001
Schumacher v. Williams
Recovery not available under vulnerable adult statute where sibling was not economically dependent on decedent.
Torts Aug. 28, 2001
O'Donnell v. Zupan Enterprises Inc.
Self-service check-out aisle creates inherent foreseeable risks to customers, and proprietors must exercise reasonable care to protect them from harm.
Torts Aug. 28, 2001
Guidroz-Brault v. Missouri Pacific Railroad Co.
Railroad company is not liable for train accident when criminals sabotaged railroad track.
Torts Aug. 24, 2001
Zinser v. Accufix Research Institute
Class certification denied because plaintiffs failed to show common issues between members and was not superior method compared to individual lawsuits.
Torts Aug. 23, 2001
Cornette v. Dept. of Transportation
Whether government has lost design immunity for dangerous condition of its property is question for jury, not court, to decide.
Torts Aug. 22, 2001
Morson v. Superior Court (Medline)
Consumer expectation test is not available to plaintiffs alleging design defect of latex gloves where claim involves latex related allergies.
Torts Aug. 22, 2001
Lugtu v. California Highway Patrol
Law enforcement officer has duty of reasonable care to passengers of motor vehicle when he stops vehicle for traffic violation.
Torts Aug. 17, 2001
Spielhotz v. Superior Court of Los Angeles
Order of monetary judgment against wireless phone company is not preempted by federal law because it's not regulating rates.
Torts Aug. 14, 2001
Lee Newman, M.D. Inc. v. Wells Fargo Bank
California Uniform Commercial Code precludes common law negligence claim against bank; however factual allegations are enough to establish claim under the Code.
Torts Aug. 14, 2001
Nielsen v. Port of Bellingham
Port is not immune from injury sustained on harbor float by visitor of tenant.
Torts Aug. 12, 2001
Craddock v. Kmart Corp.
Instruction that allows jury to consider that store's customers may be absorbed in shopping doesn't increase owner's duty of reasonable care.
Torts Aug. 10, 2001
Wyckoff v. State
State protected from liablity by design immunity for death of three people caused when driver crashed through center median on highway.
Torts Aug. 10, 2001
Camargo v. Tjaarda Dairy
'Privette/Toland' rationale bars employee of independent contractor from bringing negligent hiring action against hirer of contractor.
Torts Aug. 10, 2001
Littlefield v. Bamberger
Creation of public county road requires filing of petition with county clerk and recorder.
Torts Aug. 7, 2001
Hatch v. Tacoma Police Dept.
Descendant's wife may only claim pre-death damages in loss of consortium cause of action.
Torts Aug. 5, 2001
Rodriguez v. Healthone
Physician owes duty of care to person who is not his patient, but is injured by his conduct.
Torts Aug. 1, 2001
Hale v. Erickson
Party that refuses to settle lawsuit may be liable for opponent's costs regardless of whether those costs were paid by third party.
Torts Aug. 1, 2001
Lyon v. Agusta S.P.A.
Court has jurisdiction in suit against foreign aircraft manufacturer, but claim is barred by General Aviation Revitalization Act of 1994.
Torts Jul. 25, 2001
Saelzler v. Advanced Group 400
Plaintiff failed to prove that owner's failure to provide security at building where she was assaulted was proximate cause of injuries.
Torts Jul. 23, 2001
Ecker v. Raging Waters Group, Inc.
Granting of nonsuit was improper where patron of amusement park was detained by employees for over three hours without explanation.
Torts Jul. 19, 2001
Costo v. United States
Sovereign immunity bars suit by families of sailors killed while participating in recreational rafting program operated by military.
Torts Jul. 18, 2001
Hamilton v. Thompson
Damages award set aside when claimant fails to comply with requirements for professional negligence claim.
Torts Jul. 16, 2001