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David v. Hernandez
New trial is required in vehicular accident case, where trial court’s express finding that truck driver violated Vehicle Code was inconsistent with jury’s verdict.
Torts May 27, 2014
Gong v. City of Rosemead
Property developer may not sue city on allegations that city council member extorted her, because she failed to present claim to city prior to filing suit.
Torts May 21, 2014
Worsham v. O'Connor Hospital
Elder abuse claim is unsuccessful because allegations regarding hospital's failure to properly staff and train amounted to professional negligence, not abuse.
Torts May 21, 2014
Kesner v. Superior Court (Pneumo Abex LLC)
Mesothelioma patient may sue uncle’s employer based on exposure to asbestos while visiting uncle's home, which his uncle brought home from work on his clothes.
Torts May 19, 2014
United National Maintenance Inc. v. San Diego Convention Center Inc.
San Diego Convention Center operator may be liable for interfering with cleaning company’s contracts even if it had economic interest in those contracts.
Torts May 15, 2014
Sykora v. State Dept. of State Hospitals
Mental health patient, who suffered from schizophrenia, may pursue tort claims against Dept. of State Hospitals, despite failing to include $25 filing fee with initial claim.
Torts May 7, 2014
Leite v. Crane Co.
Crane Co. removes former U.S. Navy machinist’s asbestos exposure case to federal court by claiming it omitted warnings of hazards at direction of Navy officers.
Torts Apr. 28, 2014
Wolfe v. BNSF Railway Co.
Railway Labor Act does not preempt track inspector’s Montana state law claim against railway company for negligent mismanagement.
Torts Apr. 24, 2014
Scott v. Ford Motor Co.
Mesothelioma victim may retry punitive damages claim against Ford Co. after California trial court incorrectly applied Michigan law, which bars such damages.
Torts Apr. 24, 2014
Hopkins v. Kedzierski
Injured worker may have more time to sue employers, although she filed suit more than two years after accident, because she pursued workers’ compensation prior to suit.
Torts Apr. 17, 2014
Gallardo v. United States
Student may argue for tolling of two-year limitations period to bring Federal Tort Claims Act claim, although she filed claim four years after alleged sexual assault.
Torts Apr. 16, 2014
Perkin v. San Diego Gas & Electric Co.
Homeowners may not toll limitations period for claim against San Diego Gas & Electric Co. based on previously filed class action that did not provide notice of claims.
Torts Apr. 14, 2014
Martinez v. County of Ventura
County may not assert design immunity in suit by motorcyclist, who struck berm next to drainage system which was never approved by anyone with authority.
Torts Apr. 9, 2014
Messick v. Novartis Pharmaceuticals Corp.
Patient’s products liability suit may resume because district court improperly excluded expert testimony regarding causal link between drug and jaw condition.
Torts Apr. 7, 2014
Arroyo v. Plosay
Family of deceased woman, who they claimed died after being prematurely pronounced dead and placed in morgue freezer, may continue suit against hospital.
Torts Apr. 3, 2014
Mata v. Pacific Gas and Electric Co.
Heirs of tree trimmer, who died when electrocuted by PG&E power line, do not have to file claim for failure to safely maintain power line with California PUC.
Torts Mar. 28, 2014
Scott v. Ford Motor Co.
Mesothelioma victim may retry punitive damages claim against Ford Co. after California trial court incorrectly applied Michigan law, which bars such damages.
Torts Mar. 27, 2014
Paulus v. Crane Co.
Plumber’ family proves Crane Co.’s asbestos alone was substantial factor in causing mesothelioma risk, rather than in combination with exposure by other companies.
Torts Mar. 25, 2014
Ramos v. Brenntag Specialties Inc.
Metal suppliers may be held liable for mold maker’s lung disease due to inhalation of molten metal products while he worked for metal manufacturer.
Torts Mar. 24, 2014
Falcon v. Long Beach Genetics Inc.
Mother may not sue lab for its incorrect determination of child’s paternity because lab communicated its results to county as part of privileged paternity proceeding.
Torts Mar. 24, 2014
Romine v. Johnson Controls Inc.
Court must allow apportionment of fault among settling and non-settling entities in connection with motor vehicle accident that rendered driver quadriplegic.
Torts Mar. 19, 2014
Montague v. AMN Healthcare Inc.
Nurse staffing company is not liable for carbolic acid poisoning of nurse by medical assistant, who was assigned by company to work at hospital.
Torts Mar. 14, 2014
San Francisco Unified School District ex rel. Contreras v. First Student Inc.
Former employees may continue False Claims Act suit against bus company based on charges to school district despite alleged failures to maintain buses.
Torts Mar. 12, 2014
Bergeron v. Boyd
Family court child custody evaluator avoids mother’s lawsuit based on his issuance of order, which allegedly deprived her of contact with children.
Torts Mar. 10, 2014
J.J. v. County of San Diego
Foster child, who was sexually molested by foster father, loses civil action against county because she filed her claim three years after abuse.
Torts Mar. 10, 2014
Mata v. Pacific Gas and Electric Co.
Heirs of tree trimmer, who died when electrocuted by PG&E power line, do not have to file claim for failure to safely maintain power line with California PUC.
Torts Mar. 3, 2014
Vollaro v. Lispi
New trial is ordered in automobile accident case to determine whether both drivers were partially at fault for passenger's injuries, rather than just one.
Torts Feb. 27, 2014
Johnson v. Prasad
Homeowners may be liable for child’s drowning death in swimming pool because they knowingly rented out the property and expected people to use the pool.
Torts Feb. 26, 2014
Ennabe v. Manosa
Underage host, who provided alcohol to guests and charged admission fees, may be responsible for death related to alcohol consumption at her party.
Torts Feb. 25, 2014
Montague v. AMN Healthcare Inc.
Nurse staffing company is not liable for carbolic acid poisoning of nurse by medical assistant, who was assigned by company to work at hospital.
Torts Feb. 24, 2014