Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A130213
|
Shields v. Hennessy Industries Inc.
Manufacturer may be held strictly liable when its product contributed substantially to harm or it participated substantially in creating harmful combined use of products. |
Torts |
|
Apr. 30, 2012 | |
H035444
|
Cole v. Town of Los Gatos
Action for dangerous condition of public property must survive summary judgment when plaintiff presented evidence of condition and causal relationship. |
Torts |
|
Apr. 29, 2012 | |
A131133
|
Johnson v. Alameda County Medical Center
County hospital is immune from psychiatric patient’s negligence claim based on injury following another patient's entry into her room due to misaligned door latch. |
Torts |
|
Apr. 26, 2012 | |
B226089
|
Davis v. Foster Wheeler Energy Corp.
Plaintiffs' asbestos-related negligence case fails where it was based on contradictory testimony that failed to establish triable issue of fact. |
Torts |
|
Apr. 26, 2012 | |
11-88
|
Mohamad v. Palestinian Authority
Torture Victim Protection Act of 1991 does not impose liability against organizations because term ‘individual’ under statute encompasses only natural persons. |
Torts |
|
Apr. 18, 2012 | |
10-17755
|
Stengel v. Medtronic Inc.
Food, Drug and Cosmetic Act preempts claims against medical device manufacturer because plaintiff asserted state tort law violations despite compliance with federal law. |
Torts |
|
Apr. 16, 2012 | |
D058312
|
Johnson v. Ralphs Grocery Co.
Anti-SLAPP statute applies to malicious prosecution cause of action because communications in connection with matters related to lawsuits are privileged. |
Torts |
|
Apr. 5, 2012 | |
S171382
|
Quarry v. Doe I
Statute of limitations bars childhood sexual abuse claims because 2002 amendment revived claims for only one year, during which plaintiffs’ did not file claims. |
Torts |
|
Mar. 29, 2012 | |
B232731
|
Bates v. Presbyterian Intercommunity Hospital Inc.
Defendants can recover costs from plaintiff despite implied preclusion of award of attorney fees to prevailing defendants under Elder Protection Act. |
Torts |
|
Mar. 25, 2012 | |
B232307
|
Sierra Pacific Holdings Inc. v. County of Ventura
Federal Aviation Administration safety standards in Advisory Circular do not preempt state tort law on standard of care for airport’s runway protection zone. |
Torts |
|
Mar. 20, 2012 | |
D057707
|
Scharer v. San Luis Rey Equine Hospital Inc.
Statute that extends limitations period for professional negligence claims does not apply to claim against veterinarian for property damage following horse’s death. |
Torts |
|
Mar. 18, 2012 | |
10-16425
|
Sharrock v. United States
Government is not liable for accident caused by servicemember while en route to participate in recreational activity that was encouraged, but not required by Navy. |
Torts |
|
Mar. 14, 2012 | |
B232731
|
Bates v. Presbyterian Intercommunity Hospital Inc.
Defendants can recover costs from plaintiff despite implied preclusion of award of attorney fees to prevailing defendants under Elder Protection Act. |
Torts |
|
Mar. 12, 2012 | |
S188982
|
C.A. v. William S. Hart Union High School District
School district may be vicariously liable for negligence of administrators in hiring, supervising, and retaining employees due to special relationship between district and students. |
Torts |
|
Mar. 8, 2012 | |
F062010
|
D.C. v. Oakdale Joint Unified School District
In tort claim action against school district, document that did not include date of board’s rejection is insufficient to give petitioner notice. |
Torts |
|
Mar. 4, 2012 | |
10-879
|
Kurns v. Railroad Friction Products Corp.
Locomotive Inspection Act preempts state law design-defect and failure-to-warn claims falling within field of regulation for locomotives and locomotive parts. |
Torts |
|
Feb. 29, 2012 | |
11-391
|
Marmet Health Care Center Inc. v. Brown
State’s prohibition of predispute arbitration of claims against nursing homes for wrongful death or personal injury is preempted by Federal Arbitration Act. |
Torts |
|
Feb. 22, 2012 | |
B228191
|
Wang v. Heck
Neurologist’s DMV evaluation deeming epileptic patient safe to drive is privileged communication barring negligence claim filed against doctor after patient caused seizure-related accident. |
Torts |
|
Feb. 16, 2012 | |
D057627
|
Howard v. Omni Hotels Management Corp.
Prior incidents of slipping at out-of-state hotel do not provide adequate notice of dangerous condition to hotel due to lack of substantial similarities. |
Torts |
|
Feb. 9, 2012 | |
C065094
|
Getchell v. Rogers Jewelry
Where plaintiff presents evidence from which reasonable inference can be drawn that defendant or employees created dangerous condition, defendant is charged with notice of condition. |
Torts |
|
Feb. 8, 2012 | |
B227000
|
Maxton v. Western States Metals
Absent extraordinary circumstances, suppliers of raw materials are not liable for injuries suffered by manufacturers' employees due to use of raw materials. |
Torts |
|
Feb. 2, 2012 | |
B221409
|
Santillan v. The Roman Catholic Bishop of Fresno
In childhood sexual abuse case, court properly instructs jury that use of ambiguous evidence of molestation is insufficient for purposes of notice requirement in revival statute. |
Torts |
|
Feb. 2, 2012 | |
A120050
|
Tverberg v. Fillner Construction Inc.
Hirer that negligently exercises retained control over jobsite safety and affirmatively contributes to independent contractor’s injury may be held directly liable for injury. |
Torts |
|
Jan. 30, 2012 | |
B236175
|
Pearson v. Superior Court (Nicholson)
Only minor may void settlement agreement while petition of approval is pending and minor’s intervening death does not inure to benefit defendant. |
Torts |
|
Jan. 26, 2012 | |
B229109
|
Flores v. Kmart Corp.
Defendant fails to demonstrate that reorganization plan approval barred wrongful death claim where record did not show whether plaintiffs' identities were reasonably ascertainable. |
Torts |
|
Jan. 26, 2012 | |
B227518
|
Little v. Amber Hotel Co.
Tortious interference with contract claim does not fail when third party impaired attorney's lien on attorney fee award made by court in underlying action. |
Torts |
|
Jan. 18, 2012 | |
S177401
|
O'Neil v. Crane Co.
Manufacturers are not strictly liable for asbestos containing components used with their products where their own products did not cause asbestos exposure. |
Torts |
|
Jan. 13, 2012 | |
F060420
|
Walker v. Sonora Regional Medical Center
Hospital that provides clinical laboratory testing to patient does not owe patient duty to directly inform her of results, which is her doctor’s duty. |
Torts |
|
Jan. 13, 2012 | |
B226074
|
Moody v. Bedford
One-action rule does not apply to pre-litigation settlement with insurer and thus, does not bar decedent’s heirs’ subsequent wrongful death claim against tortfeasor. |
Torts |
|
Jan. 10, 2012 | |
B221409
|
Santillan v. The Roman Catholic Bishop of Fresno
In childhood sexual abuse case, court properly instructs jury that use of ambiguous evidence of molestation is insufficient for purposes of notice requirement in revival statute. |
Torts |
|
Jan. 9, 2012 |