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North American Chemical Co. v. Superior Court (Trans Harbor Inc.)
Negligent performance of contract obligation can give rise to action in tort.
Torts Jun. 3, 1999
Wedeck v. Unocal Corporation
If 'special employment' relationship exists, employee is statutorily barred from tort action against employer.
Torts Jun. 3, 1999
Souza v. Lauppe
Farmer cannot sue neighbor for nuisance when offending farming activity lasted more than 3 years.
Torts Jun. 3, 1999
Armato v. Baden
Physicians working with medical group as independent contractors aren't liable for injuries caused by physician assistant employed by group.
Torts Jun. 3, 1999
SimTel Communications v. National Broadcasting Co.
Secretly videotaping business meeting conducted on outdoor patio of public restaurant isn't an invasion of privacy.
Torts Jun. 3, 1999
Lurye v. City of West Hollywood
Public utility company owes duty to pedestrians to maintain streetlights at crosswalk.
Torts Jun. 3, 1999
Logacz v. Brea Community Hospital
Where evidence suggests multiple causes of death in medical malpractice action, refusal of jury instruction regarding concurrent causation is prejudicial error.
Torts Jun. 3, 1999
Trinkle v. California State Lottery
Governmental immunity applies to protect state lottery from claim of unfair competition.
Torts Jun. 3, 1999
Plumeau v. School District #40 County of Yamhill
Official investigation of sex charges against school district employee isn't 'actual notice' for student's tort claim.
Torts Jun. 3, 1999
Hoff v. Vacaville Unified School District
School district owes duty of care to both students and non-students in supervising school parking lot.
Torts Jun. 3, 1999
Balthazor v. Little League Baseball Inc.
Little League team doesn't have a duty to decrease risk of injury to players.
Torts Jun. 3, 1999
Greve v. Angeles Chemical Co.
Summary judgments should not be granted when there are triable issues regarding adequate warnings.
Torts Jun. 1, 1999
Dickey v. City of Flagstaff
Recreational use statute immunizes city from liability if it didn't engage in willful, malicious, or grossly negligent conduct to cause injury.
Torts May 28, 1999
Greenwald v. Ford Motor Co.
Where offer of judgment made in wrongful death case lacks apportionment as to beneficiaries, statutory sanctions can't be obtained.
Torts May 28, 1999
Andreini v. Superior Court (Solorio)
Homeowners can be sued by employee of uninsured independent contractor injured while working on home.
Torts May 27, 1999
Mueller v. Saint Joseph Medical Center
Wrongful death claim under Elder Abuse Act isn't viable if direct negligence claim exists.
Torts May 26, 1999
Baker v. General Motors Corp.
Former auto manufacturer employee can testify in products liability action despite prior settlement agreement not to.
Torts May 26, 1999
Kobzoff v. Harbor U.C.L.A. Medical Center
To recover costs, prevailing county/defendant must prove wrongful death plaintiff proceeded in bad faith.
Torts May 26, 1999
Wawanesa Mutual Insurance Co. v. Matlock
17-year-old isn't liable for damage caused by cigarette he gave to 15-year-old.
Torts May 26, 1999
Stella Foods, Inc. v. Superior Court (Cacique, Inc.)
Cross-complainant needn't prove opponent's conduct was wrongful and independently actionable to prevail on economic interference action.
Torts May 26, 1999
Barris v. County of Los Angeles
State statute limiting damages in medical malpractice suit applies to federal patient dumping statute claim.
Torts May 26, 1999
State of Montana v. Gilham
Sovereign immunity bars plaintiff's unconsented action against state in Indian tribal court.
Torts May 26, 1999
Carroll v. County of Los Angeles
Paved bicycle path qualifies as 'trail' under immunity provisions of Government Code.
Torts May 26, 1999
State of California v. Superior Court (Glovsky)
Third party litigant is barred from cross-complaining against employer for indemnity and contribution.
Torts May 26, 1999
Ford v. Pacific Gas and Electric Co.
Public Utility Commission has jurisdiction over wrongful death claim based on electric and magnetic fields exposure.
Torts May 26, 1999
Loth v. Truck-A-Way Corporation
Admission of expert testimony on 'hedonic' damages is inadmissible and prejudicial.
Torts May 26, 1999
Harris v. King
Doctor's medical report to State Compensation Insurance Fund is privileged prelitigation communication barring defamation action.
Torts May 25, 1999
California Service Station and Automobile Repair Association v. American Home Assurance Co.
No duty of care requires disclosure of dividend information during arms' length insurance purchase negotiations.
Torts May 25, 1999
Keru Investments Inc. v. Cube Co.
Negligent construction claim can't be asserted by holder of deed of trust or subsequent owner of property.
Torts May 25, 1999
Arno v. Club Med Boutique Inc.
California rule applies to availability of tort plaintiff's attorney fees even though French law governs action.
Torts May 22, 1999