| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S113799
|
Elsner v. Uveges
Employee may use Cal-OSHA provisions to establish duty of care in negligence action against non-employer. |
Torts |
|
Apr. 12, 2005 | |
|
G032874
|
Weseloh Family Limited Partnership v. K.L. Wessel Construction Co. Inc.
Third-party design engineering consultant has no duty of care in absence of contractual privity. |
Torts |
|
Apr. 11, 2005 | |
|
A100310
|
Dixon v. City of Livermore
There is no substantial evidence to support finding that air show management company's negligent acts or omissions caused helicopter crash. |
Torts |
|
Mar. 15, 2005 | |
|
S114054
|
Robinson Helicopter Co. Inc. v. Dana Corp.
Economic loss rule does not bar tort action for intentional misrepresentation or fraud in performance of contract. |
Torts |
|
Feb. 14, 2005 | |
|
B163112
|
Ewing v. Goldstein
Civil Code section 43.92 does not immunize psychotherapist for failing to warn of serious threat communicated by patient's father. |
Torts |
|
Feb. 7, 2005 | |
|
B168913
|
Hughes v. Hughes
Evidence that man 'dabbled in the pimptorial arts' is sufficient to defend defamation claim for son's statement, 'Our dad's a pimp.' |
Torts |
|
Jan. 14, 2005 | |
|
B170132
|
Caloroso v. Hathaway
No expert was needed to determine whether sidewalk crack that caused plaintiff's fall was trivial. |
Torts |
|
Jan. 14, 2005 | |
|
G032653
|
Rey Piedra, a Minor
Parents of child who was heavily medicated during seizures failed to prove medical malpractice. |
Torts |
|
Jan. 12, 2005 | |
|
S120903
|
Morohoshi v. Pacific Home
Regional center is not vicariously liable for negligence-related death that occurred in residential care facility. |
Torts |
|
Jan. 11, 2005 | |
|
B168077
|
Gallagher v. Connell
Hearsay admitted without objection is sufficient to defeat anti-SLAPP motion. |
Torts |
|
Jan. 11, 2005 | |
|
C040177
|
Bunch v. Hoffinger Industries Inc.
Danger of diving into shallow, above-ground pool is not open and obvious to 11-year-old, as a matter of law. |
Torts |
|
Jan. 11, 2005 | |
|
B172568
|
Lara v. Nevitt
Trucker who failed to wear safety restraint while sleeping in truck berth was partially responsible for accident. |
Torts |
|
Jan. 10, 2005 | |
|
H025585
|
Laico v. Chevron U.S.A. Inc.
Nonsuit is appropriate in premises liability claim where no evidence shows that property owner knew of benzene hazard created by tenant's activities. |
Torts |
|
Jan. 10, 2005 | |
|
B175433
|
Hill Brothers Chemical Co. v. Superior Court (Lorentsen)
Private motor carrier is not liable for vehicular negligence of its independent contractor. |
Torts |
|
Jan. 10, 2005 | |
|
E033920
|
Powers v. The Rug Barn
Merely hiring competitor's employee without use of unfair methods is not actionable interference with contract. |
Torts |
|
Jan. 5, 2005 | |
|
B169540
|
Kramer v. Intuit Inc.
Defendant's rebate program does not violate consumer protection law when its language is not misleading. |
Torts |
|
Nov. 19, 2004 | |
|
A101916
|
Shore v. Gurnett
Defendant convicted of vehicular manslaughter may be liable for punitive damages in subsequent civil case. |
Torts |
|
Nov. 19, 2004 | |
|
G028814
|
Wiener v. Southcoast Childcare Centers, Inc.
Foreseeabilty of harm must be determined when childcare center failed to erect sturdy barrier between playground and busy street. |
Torts |
|
Nov. 16, 2004 | |
|
B159594
|
Morohoshi v. Pacific Home
Trial court erred in refusing to allow jury to find defendant vicariously liable for individual's death caused by negligence of defendant's agent. |
Torts |
|
Nov. 16, 2004 | |
|
02-55097
|
Prescod v. AMR Inc.
Court will reconsider whether airline passenger who died was contributorily negligent. |
Torts |
|
Nov. 9, 2004 | |
|
02-56473
|
Rodriguez v. Ansett Australia Ltd.
Airline passenger who developed deep vein thrombosis did not have 'accident' under Warsaw Convention. |
Torts |
|
Nov. 9, 2004 | |
|
B152959
|
Boeken v. Philip Morris Inc.
Defendant's reliance on tobacco company's misrepresentations regarding dangers of smoking was justifiable. |
Torts |
|
Nov. 9, 2004 | |
|
G033454
|
Cruz v. Superior Court (Advanced OBGYN Medical Group)
Mother alleging birth injuries may be subjected to genetic screening through blood test. |
Torts |
|
Oct. 8, 2004 | |
|
S125590
|
Siebel v. Mittlesteadt
Trial court erred in granting summary judgment for defendants in malicious prosecution action on ground plaintiff failed to achieve favorable outcome of underlying suit. |
Torts |
|
Oct. 8, 2004 | |
|
H025069
|
Siebel v. Mittlesteadt
Trial court erred in granting summary judgment for defendants in malicious prosecution action on ground plaintiff failed to achieve favorable outcome of underlying suit. |
Torts |
|
Oct. 8, 2004 | |
|
03-15453
|
Verizon Delaware Inc. v. Covad Communications Co.
Filed-rate doctrine prevents the recovery of any charge not specified in relevant tariff. |
Torts |
|
Oct. 7, 2004 | |
|
B158174
|
Shekhter v. Seneca Structural Design Inc.
Building owners can recover in negligence for faulty design and engineering that caused damage only to repaired portion of building. |
Torts |
|
Oct. 7, 2004 | |
|
B166231
|
Martinez v. Chippewa Enterprises Inc.
Plaintiff who slipped on obviously wet ground may sue property owner for premises liability. |
Torts |
|
Oct. 7, 2004 | |
|
B165072
|
Kesmodel v. Rand
Citizen's arrest is conduct, not communication in official proceeding, providing no immunity for false imprisonment. |
Torts |
|
Oct. 6, 2004 | |
|
A104367
|
City of Modesto Redevelopment Agency v. Superior Court (Dow Chemical Co.)
|
Torts |
|
Oct. 4, 2004 |
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