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Name Category Published
Rostai v. Neste Enterprises
Primary assumption of risk applies to physical activity of fitness training under guidance of personal fitness trainer. 		Torts Aug. 28, 2006
California State Automobile Association Inter-Insurance Bureau v. City of Palo Alto
Court improperly required insurer to prove tortious conduct on part of city in case involving backup of sewage in private home. 		Torts Aug. 28, 2006
Huff v. Wilkins
Plaintiff did not assume increased risk in off-roading sport where defendant driver's violation of safety regulations increased risk of accident. 		Torts Aug. 28, 2006
Bullock v. Philip Morris USA Inc.
Extreme reprehensibility of tobacco company's conduct justifies 33-to-1 ratio of punitive damages to compensatory damages. 		Torts Aug. 28, 2006
Jonkey v. Carignan Construction Co.
Where jury found defendant was negligent but that its negligence was not substantial factor in causing harm to plaintiff, judgment is upheld. 		Torts Aug. 27, 2006
Marijanovic v. Gray, York & Duffy
Counsel's unsubstantiated representation that client was not liable for construction defect does not satisfy 'without probable cause' element of malicious prosecution claim. 		Torts Aug. 23, 2006
Andrews v. Foster Wheeler
In asbestos liability case, plaintiff's theory that asbestos 're-entrained' into air is too speculative and summary judgment for defendant was proper. 		Torts Aug. 23, 2006
Vacek v. U.S. Postal Service
Mailbox rule does not apply to claims under Federal Tort Claims Act. 		Torts Aug. 8, 2006
County of Santa Clara v. Atlantic Richfield Co.
Court erred in sustaining demurrer to representative cause of action for nuisance brought on behalf of People seeking abatement. 		Torts Aug. 7, 2006
Conrad v. United States
Sovereign immunity shields federal agent who performs discretionary function of deciding when to bring arrested person before magistrate judge. 		Torts Jul. 11, 2006
City of San Diego v. Superior Court (Hanson)
City may not be held liable for drag racer's conduct that was unrelated to lack of lighting on roadway. 		Torts Jul. 10, 2006
Nardizzi v. Harbor Chrysler Plymouth Sales Inc.
Injured party failed to create disputed issue of material fact concerning whether car accident was caused by dealership's negligence. 		Torts Jul. 10, 2006
Priebe v. Nelson
Dog-bite statute does not apply to kennel technician but strict liability still applies if owner knows dog has vicious propensities. 		Torts Jun. 19, 2006
Kinsman v. Unocal Corp.
Landowner having no control over condition cannot be liable for injuries inflicted by independent contractor on another contractor's employee. 		Torts Jun. 15, 2006
Oberson v. U.S. Dept. of Agriculture
Discretionary function exception did not shield Forest Service from liability for injuries suffered by party in snowmobile accident. 		Torts Jun. 13, 2006
Anza v. Ideal Steel Supply Corp.
Steel supply company fails to maintain racketeering activity claim against competitor where direct victim is state, not company. 		Torts Jun. 9, 2006
Kephart v. Genuity Inc.
Employer will not be liable where intentional misconduct does not arise from activity of employer's enterprise. 		Torts May 24, 2006
Avila v. Citrus Community College District
Community college may be sued for injuries sustained by student playing on college's baseball team. 		Torts May 23, 2006
Mukthar v. Latin American Security Service
Under negligent undertaking doctrine, question of fact exists as to whether security company is liable for cashier's injuries. 		Torts May 19, 2006
Hartman v. Moore
Plaintiff in retaliatory-prosecution action must plead and prove absence of probable cause for pressing underlying criminal charges. 		Torts May 5, 2006
Mammoth Mountain Ski Area v. Graham
Triable issue of fact exist on whether defendant's conduct was so reckless as to be totally outside range of ordinary snowboarding activity. 		Torts Apr. 10, 2006
Doe v. Bakersfield City School District
Former student is entitled to relief from claims-presentation requirements because he was deterred from presenting his sexual abuse claims. 		Torts Apr. 10, 2006
Lackner v. North
Triable issues of fact exist as to whether snowboarder's conduct was reckless when he crashed into skier. 		Torts Apr. 7, 2006
Dolan v. U.S. Postal Service
Dismissal of suit is not proper where plaintiff sustained injuries because postal employees negligently left mail on her porch. 		Torts Apr. 3, 2006
Stephen v. Ford Motor Co.
In negligence action, trial court properly granted nonsuits in favor of automobile and tire companies. 		Torts Mar. 21, 2006
Kinsman v. Unocal Corp.
Liability of premises owner for injuries suffered by employee of independent contractor is limited. 		Torts Mar. 15, 2006
Saville v. Sierra College
Assumption of risk doctrine applies to activities or sports where dangerous conditions or conduct are integral part of activity or sport. 		Torts Mar. 13, 2006
Jerden v. Amstutz
Limiting instruction regarding expert witness' testimony should not have been given when objection to it was untimely. 		Torts Feb. 8, 2006
Christoff v. Union Pacific Railroad Co.
Man injured by moving train failed to demonstrate that railroad company's conduct was legal cause of his injury. 		Torts Feb. 7, 2006
Environmental Law Foundation v. Wykle Research Inc.
Manufacturer of mercury-based dental fillers did not violate Health and Safety Code with warning it provided on product insert. 		Torts Feb. 6, 2006
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