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Davis v. Wood-Mizer Products Inc.
Defendant that pays judgment and also indemnifies settling defendant may not complain of plaintiff's excessive recovery.
Torts Sep. 7, 1999
Pfau v. Kim's Hapkido
Police officer engaging in martial arts training assumes risk of injury.
Torts Sep. 6, 1999
County of Los Angeles v. Superior Court (Schonert)
California's survival statute precluding husband of deceased wife from recovering pain and suffering for state law claims also applies to federal claims.
Torts Sep. 6, 1999
Casey v. Overhead Door Corp.
One defendant's assignment to plaintiffs of cross-complaint against another defendant as part of settlement gives plaintiffs actual authority to proceed on cross-complaint.
Torts Sep. 6, 1999
Stapper v. GMI Holdings Inc.
Offer of proof that garage-door opener was defective in design is sufficient to overcome the 'firefighter's rule.'
Torts Sep. 2, 1999
Holt v. Regents of the University of California
Present cash value of future economic damages in medical malpractice action may be paid by an annuity or lump-sum payment.
Torts Sep. 2, 1999
Hodges v. Superior Court (Ford Motor Co.)
Statute that precludes recovery of noneconomic losses for pain and suffering doesn't apply in product liability action by uninsured motorist against car manufacturer.
Torts Sep. 2, 1999
People v. Orange County Charitable Services
Failure of charitable fundraising group to account for $15 million raised for charitable organizations warrants imposition of constructive trust and civil penalties.
Torts Sep. 2, 1999
Preferred Risk Mutual Insurance Co., v. Reiswig
Insurance company can seek indemnification from negligent doctors under Medical Injury Compensation Reform Act's tolling provision.
Torts Sep. 2, 1999
Horwich v. Superior Court (Acuna)
Although statute precludes motorist of uninsured vehicle from recovery in automobile accident, parents of uninsured motorist can recover in wrongful death suit.
Torts Sep. 2, 1999
Amos v. Alpha Property Management
Low window in common area of apartment building may violate landlord's duty of care, and summary judgment is improper.
Torts Sep. 1, 1999
Bockrath v. Aldrich Chemical Co. Inc.
Allegations that defendant's products cause cancer, plaintiff was exposed, and the chemicals caused cancer are insufficient to allege causation.
Torts Aug. 26, 1999
Burns v. Davis
Property owners objecting to zoning variance at Board of Adjustment meeting have qualified immunity from defamation suit.
Torts Aug. 18, 1999
Valenzuela v. GAB Business Services
Torts Aug. 13, 1999
Spanner v. United Airlines Inc.
Airline cannot invoke limited liability for lost luggage under Warsaw Convention if baggage check given to passenger doesn't contain required information.
Torts Aug. 6, 1999
Marich v. QRZ Media Inc.
Videotape of police phone call informing parents their son has died of an overdose is prima facie evidence of invasion of privacy.
Torts Aug. 5, 1999
Welker v. Yogerst
Pre-judgment interest does not accrue from the date offer of judgment is accepted on unliquidated claim.
Torts Aug. 5, 1999
Zubrick v. Ford
Statute violation creates presumption of duty of care that isn't pre-empted by assumption of risk.
Torts Aug. 5, 1999
State of Washington v. East Columbia Basin Irrigation District
Despite project's low control costs, Flood Control Act immunity applies in Federal Tort Claims Act action.
Torts Aug. 5, 1999
Randi W. v. Muroc Joint Unified School District
Former employer can be liable for recommendation's affirmative misrepresentations presenting foreseeable risk to prospective employer.
Torts Aug. 5, 1999
LiMandri v. Judkins
Absent duty of care evidence there cannot be interference with prospective business advantage.
Torts Aug. 5, 1999
Arciniega v. Bank of San Bernardino N.A.
'Case within a case' doctrine bars further recovery for plaintiff after settling legal malpractice action.
Torts Aug. 4, 1999
Zubrick v. Ford
Statute violation presumption creates of duty of care that isn't pre-empted by assumption of Risk.
Torts Aug. 4, 1999
Richards v. Owens-Illinois Inc.
Proportionate fault isn't allocated to absent tobacco companies in smoker's suit for asbestos lung injury.
Torts Aug. 4, 1999
Ochoa v. California State University, Sacramento
University indoor intramural soccer game is a 'hazardous recreational activity,' giving university immunity from liability for any injury.
Torts Aug. 4, 1999
Delgado v. American Multi-Cinema Inc.
No cause of action exists against movie theater for allowing unaccompanied minor watch 'R'-rated movie which allegedly caused minor to kill someone after viewing film.
Torts Aug. 4, 1999
American International Industries v. Superior Court (Urbach)
Prior representative action by watchdog environmental group bars subsequent class action under doctrine of res judicata.
Torts Aug. 4, 1999
Pruitt v. General Motors Corp.
Jury instruction on consumer expectations test isn't required where injury results from occurrence that isn't within a consumer's 'everyday experience.'
Torts Aug. 4, 1999
Sanders v. American Broadcasting Companies Inc.
Employees may enjoy a limited expectation of privacy in workplaces that are not open to the public.
Torts Aug. 4, 1999
Smith v. Maldonado
Disseminating truthful and accurate newspaper article with 'highlighted' passages doesn't constitute defamation.
Torts Aug. 4, 1999