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Quist v. Specialties Supply Co. Inc.
Claim for punitive damages not precluded by arbitration award against separate defendant.
Torts Mar. 2, 2001
Margenau v. Bowlin
Testimony concerning traffic citation not prejudicial where trial court gave curative instruction.
Torts Mar. 2, 2001
Silva v. Union Pacific Railroad Company
Clear factual evidence of forseeability should be considered by court before ruling that railroad has no duty to fence near tracks.
Torts Mar. 1, 2001
Distefano v. Forester
Person injured in collision with another vehicle while off-roading assumes risk and cannot recover on negligence theory.
Torts Mar. 1, 2001
Asplund v. Selected Investments in Financial Equities Inc.
Broker-dealer is not obligated to supervise independent contractor who sells unrelated investments.
Torts Mar. 1, 2001
McCarty v. Kaiser-Hill Co.
Psychologist entitled to immunity from civil action for damages relating to warning given about employee.
Torts Mar. 1, 2001
Pfenninger v. Exempla
Physician is not required to exhaust administrative remedies prior to commencement of defamation claim arising out of peer review.
Torts Mar. 1, 2001
Sanchez-Scott v. Alza Pharmaceuticals
Invasion of privacy claim sufficient when patient alleges her doctor allowed male drug salesperson to watch breast exam without informing her of who he was.
Torts Feb. 28, 2001
Neu-Visions Sports Inc. v. Soren/McAdam/Bartells
Court does not err in granting summary judgment when representations were expressions of opinion, which are not actionable.
Torts Feb. 28, 2001
Matson v. Burlington Northern Santa Fe Railroad
Train conductor's claim against railroad is barred by three-year federal statute of limitations.
Torts Feb. 26, 2001
Rodriguez v. USA
Order
Torts Feb. 20, 2001
In re Exxon Valdez
Oil company may enter into settlement to recoup damages assessed against itself based on oil spill.
Torts Feb. 19, 2001
Hudelson v. Cowdry
Order
Torts Feb. 5, 2001
Ring v. Lexington Apartments & Motor Inns-Oklahoma
Order
Torts Feb. 5, 2001
Ruelas v. Staff Builders Personnel Services Inc.
Staffing agency that has no control over manner in which nurses perform work can't be held vicariously liable for nurses misconduct.
Torts Feb. 5, 2001
Bisbee v. McCarty
Order
Torts Feb. 4, 2001
Gonzales v. Furr's Supermarkets
Order
Torts Feb. 1, 2001
Lauck v. Cosby
Order
Torts Jan. 30, 2001
Nodine v. Shiley Inc.
Plaintiff must file lawsuit for fraud within one year of suspecting wrongdoing, despite settlement agreement that preserves right to file future lawsuits.
Torts Jan. 28, 2001
Dehaan v. U.S.
Order
Torts Jan. 23, 2001
Gunnell v. Arizona Public Service Co.
Excavator who failed to determine if unmarked power line was abandoned incurs liability for damages when employee cut into it.
Torts Jan. 8, 2001
Pierson v. Black Canyon Aggregates, Inc.
Operator of gravel pit not considered landowner for purposes of premises liability statute.
Torts Jan. 8, 2001
Reed v. Dept. of the Interior
Court affirms summary dismissal of suit Burning Man Festival participant brought against government because of Federal Tort Claims Act's 'discretionary function' exception.
Torts Jan. 4, 2001
Rallis v. Cassady
In malpractice suit against several firms statute of limitations tolled for former law firm of attorney who continues representing client in same subject matter.
Torts Jan. 4, 2001
Louie v. Gdowski
Homeowner whose landscaping increased flood damage to neighbor is subject to more stringent standard of liability than negligence.
Torts Jan. 4, 2001
Farnam v. State of California
Suit by city police officer bitten by CHP police dog is barred by assumption of risk doctrine.
Torts Jan. 4, 2001
Aas v. Superior Court (In re William Lyon Co.)
Construction defects that do not cause physical damage do not support claim of negligence or strict liability.
Torts Jan. 4, 2001
Vickers v. U.S.
Failure of INS to investigate shooting incident may result in liability for subsequent incident.
Torts Jan. 3, 2001
Barella v. Exchange Bank
Confidentiality condition in defamation settlement offer renders it invalid for purposes of cost-shifting provisions of Code of Civil Procedure Section 998.
Torts Jan. 3, 2001
City of Vista v. Robert Thomas Securities, Inc.
Court errs in finding statute of limitations ran when cause of action does not accrue until damages have been sustained.
Torts Jan. 3, 2001