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Faulkner v. Racquetwood Village
In absence of control over common areas owner does not have duty to protect tenant from foreseeable criminal conduct on premises.
Torts Jun. 19, 2001
Matthews v. City and County of Denver
Deadline for filing notice of claim against governmental entity is extended when it falls on legal holiday.
Torts Jun. 12, 2001
Mitchell v. Ryder
Psychotherapist owes parent duty of care in relation to opinion rendered in custody evaluation.
Torts Jun. 12, 2001
Sherman Way Townhomes, Inc. v. Superior Court (Twarowski III, Inc.)
Parties subsequent stipulation to resolve cross-action by arbitration does not shield them from malicious prosecution claim based on cross-action.
Torts Jun. 11, 2001
Saucedo v. The Salvation Army
Motion for judgment as matter of law should be granted when evidence demonstrates that causation element in punitive damages claim is lacking.
Torts Jun. 11, 2001
Saelzler v. Advanced Group 400
Complete absence of security measures at apartment complex creates triable issue as to whether complex owners breached their duty to assaulted woman.
Torts Jun. 1, 2001
Fox v. Mahoney
Car accident victim is entitled to new trial when court refuses to admit doctor's letter regarding future medical expenses.
Torts May 28, 2001
Bratton v. Welp
Summary judgment for county should have been granted because public duty doctrine bars tort claims.
Torts May 28, 2001
Alpert v. Villa Romano Homeowners Association
Homeowners association owes pedestrians duty to warn of dangerous conditions in sidewalk under its control.
Torts May 24, 2001
Griffin v. West RS Inc.
Once jury finds defendant is negligent, whatever standard of duty defendant has doesn't affect jury's proximate cause determination.
Torts May 22, 2001
Winbun v. Moore
Among other things, statute of limitations one year discovery period begins when plaintiff discovers act or omission that caused injury.
Torts May 22, 2001
Schreiber v. Estate of Donald Wayne Kiser
Court properly excluded medical opinion testimony when plaintiff failed to provide narrative statement of testimony.
Torts May 21, 2001
Brennan v. Tremco Inc.
Person may not sue for malicious prosecution of action that parties resolved through contractual arbitration.
Torts May 18, 2001
Jennifer M. v. Redwood Women's Health Center
Private medical clinic is not government 'agency' under Information Practices Act.
Torts May 18, 2001
Jones v. Sisters of Providence in Washington Inc.
Alternate juror may not participate in jury deliberations.
Torts May 17, 2001
Tyner III v. State of Washington
State cannot escape liability at point its investigation comes under court supervision when court relies on state report.
Torts May 17, 2001
Kane v. National Ski Patrol System Inc.
Wrongful death claim is barred because participants in ski clinic assumed inherent risk of injury or death.
Torts May 17, 2001
Stearman v. Centex Homes
When defective foundation results in damage throughout home, recovery of strict liability damages isn't barred by economic loss rule.
Torts May 16, 2001
Burroughs v. Precision Airmotive Corp.
Federal statute precluding certain claims against aircraft parts manufacturers also protects successor manufacturers that acquire product lines from original parts manufacturer.
Torts May 16, 2001
Brennan v. Tremco Incorp.
Demurrer without leave to amend can't be sustained where triable issues of fact remain to be decided.
Torts May 16, 2001
Kirby v. Southern California Edison Co.
Court cannot enforce release agreement when no litigation was pending at time the agreement was executed.
Torts May 16, 2001
Anaya v. Superior Court (City of Los Angeles)
Tortfeasors responsible for victim's injuries are not relieved of liability when medical helicopter crashes in route to hospital, killing victim.
Torts May 16, 2001
Roberts v. Dudley
Common law cause of action in tort exists for wrongful discharge based on gender.
Torts May 16, 2001
Smith v. Bates Technical College
Common law tort of wrongful discharge in violation of public policy extends to employees who may terminated only for cause.
Torts May 16, 2001
Phillips v. Hillcrest Medical Center
Among other things, when hospital satisfies Emergency Medical Treatment and Labor Act's screening requirment court correctly states no EMTALA claim present.
Torts May 16, 2001
Moore v. Texaco, Inc.
Nuisance actions are dismissed because plaintiff fails to show oil company caused land and water pollution on property.
Torts May 16, 2001
Brennan v. Tremco Inc.
Demurrer without leave to amend can't be sustained where triable issues of fact remain to be decided.
Torts May 15, 2001
McCall v. Pacificare of California Inc.
Where Medicare and non-Medicare tort claims are interwoven with other causes of action, complainant must be given opportunity to amend complaint.
Torts May 15, 2001
Haley v. Highland
Judgment tortfeasor's one-half interest in community property is subject to judgment if tortfeasor's separate property is insufficient to satisfy claim.
Torts May 15, 2001
Kim v. Budget Rent-A-Car
Car rental agency that left vehicle unlocked is not responsible for accident caused by car thief.
Torts May 15, 2001