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David M. v. Beverly Hospital
Allegations that doctor negligently failed to report child abuse are subject to statute of limitations under Medical Injury Compensation Reform Act.
Torts Nov. 3, 2005
Maria Calderon v. Glick
Claims against psychotherapists for failing to warn victims of deranged gunman are precluded by state law.
Torts Oct. 25, 2005
Arredondo v. Regents of the University of California
Plaintiff's negligence lawsuit against medical center is barred by three-year statute of limitations.
Torts Oct. 25, 2005
Jeld-Wen Inc. v. Superior Court (Keener)
Claim of negligent entrustment of vehicle is unsupported where there is binding pretrial admission of vicarious liability by employer.
Torts Oct. 17, 2005
Inco Development Corp. v. Superior Court (Haynes)
Tolling provision does not extend period for plaintiff to file lawsuit based on latent construction defects.
Torts Oct. 17, 2005
Cummins Inc. v. Superior Court (Cox)
Vehicle warranty act did not apply to vehicle that was repaired in California but purchased in other state.
Torts Oct. 12, 2005
Tilley v. CZ Master Association
Homeowner's association is not liable for injuries suffered by private security guard.
Torts Oct. 12, 2005
Siam v. Kizilbash
Malicious prosecution suit may not be based on unsuccessful civil harassment petition.
Torts Oct. 10, 2005
Bustamonte v. Flores
Judgment obtained by son for wrongful death of mother is not subject to Medi-Cal lien.
Torts Oct. 5, 2005
Bailey v. County of Riverside
Jury verdict in favor of plaintiff in negligence action was supported by sufficient evidence.
Torts Oct. 5, 2005
Southern Union Co. v. Southwest Gas Corp.
Punitive damages that are 153 times greater than compensatory damages cannot survive constitutional scrutiny.
Torts Oct. 5, 2005
Delgado v. Trax Bar & Grill
Bar had affirmative duty to protect patron from conduct of third party based on 'special relationship.'
Torts Oct. 4, 2005
Morris v. De La Torre
Restaurant may be liable for employees who failed to call police while watching man being beaten in parking lot.
Torts Oct. 4, 2005
Castaneda v. Olsher
Landlord had duty to prevent foreseeable gang-related shooting at mobile home park.
Torts Oct. 4, 2005
Berg v. Popham
Alaska hazardous waste disposal statute makes liable manufacturer of useful product that, when used as designed, releases hazardous substances.
Torts Sep. 27, 2005
Helmer v. Bingham Toyota Isuzu
Employee who was fraudulently induced to leave prior job for new job is entitled to future lost income.
Torts Sep. 26, 2005
Roe v. McDonald's Corp.
Plaintiff who was allegedly assaulted in restroom of mall restaurant failed to establish negligence claim.
Torts Sep. 26, 2005
McCann v. Lucky Money Inc.
Currency exchange business is not obligated to disclose profits or rate at which it purchases foreign currency to customers.
Torts Sep. 26, 2005
Sunderland v. Lockheed Martin Aeronautical Systems Support Co.
Employer is not liable under 'commercial traveler rule' for tort committed by employee at drive-through restaurant during business trip.
Torts Sep. 26, 2005
Ruiz v. Herman Weissker Inc.
Hirer's agent is not liable to independent contractor's employee for injuries primarily caused by negligence of independent contractor.
Torts Sep. 26, 2005
Watson Land Co. v. Shell Oil Co.
Landowner cannot recover benefits obtained by trespassing oil company whose pipeline leaked onto property.
Torts Sep. 26, 2005
Gomez v. Superior Court (The Walt Disney Co.)
Amusement park acted as common carrier in operating attraction where passenger was injured.
Torts Sep. 26, 2005
Simon v. San Paolo U.S. Holding Company Inc.
Award of punitive damages that grossly exceeded compensatory damages in fraud case was improper.
Torts Sep. 26, 2005
Southern Union Co. v. Southwest Gas Corp.
Punitive damages that are 153 times greater than compensatory damages cannot survive constitutional scrutiny.
Torts Sep. 25, 2005
David M. v. Beverly Hospital
Allegations that doctor negligently failed to report child abuse are subject to statute of limitations under Medical Injury Compensation Reform Act.
Torts Sep. 2, 2005
Hebrew Academy of San Francisco v. Goldman
Disovery rule preserves libel claim based on transcript of oral history kept at three libraries.
Torts Sep. 1, 2005
Avila v. Jado Properties Inc.
Landowner owed restaurant invitees contractual duty to provide security in nonnegligent manner.
Torts Aug. 31, 2005
Lease and Rental Management Corp. v. Arrowhead Central Credit Union
Credit union cannot be liable for its opinion of creditworthiness of its customer, which has not been proven false.
Torts Aug. 30, 2005
Campbell v. Allied Van Lines Inc.
Plaintiffs whose property was damaged during move are entitled to attorney fees from carrier.
Torts Aug. 29, 2005
Nationwide Mutual Insurance Co. v. Liberatore
Government is not vicariously liable for naval chief's negligence while acting outside scope of employment.
Torts Aug. 24, 2005