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Benjamin v. Gear Roller Hockey Equipment Inc.
Skater injured at roller rink is barred from bringing negligence lawsuit because he signed waiver of liability.
Torts Oct. 16, 2000
Kennedy v. Southern California Edison Company
Causation jury instruction mandated for asbestos-related cases is applicable to nuclear radiation-related wrongful death action.
Torts Oct. 5, 2000
Mitchell v. Asbestos Corp. Ltd.
Statute of limitations begins when action against asbestos supplier filed, making second action time-barred.
Torts Oct. 4, 2000
Pacheco v. United States
By giving children toy buckets, landowner invited children to play in water adjacent to beach and therefore had duty to warn of dangerous conditions.
Torts Oct. 4, 2000
Cruz v. Homebase
Corporation is not liable for punitive damages when store supervisor, not managing agent, has actual knowledge of employee's malicious misconduct.
Torts Oct. 3, 2000
United States v. Philip Morris Inc.
Court dismisses all but two of U.S. Government's claims against 11 tobacco companies; Feds can proceed on two RICO claims.
Torts Oct. 1, 2000
Whitfield v. Heckler & Koch, Inc.
Court declines to hold gun manufacturers and distributors liable under theories of strict products liability and negligence.
Torts Sep. 28, 2000
Sharon P. v. Arman Ltd.
Landlord has no duty to provide security in commercial parking garage, when occurrence of violent third party assault in garage is not foreseeable.
Torts Sep. 27, 2000
Zeiger v. State of California
Subcontractor employee's receipt of workers' compensation benefits doesn't preclude negligence claims against owner or general contractor.
Torts Sep. 27, 2000
Kobzoff v. Harbor U.C.L.A. Medical Center
To recover costs, prevailing county/defendant must prove wrongful death plaintiff proceeded in bad faith.
Torts Sep. 26, 2000
Hoff v. Vacaville Unified School District
School district owes duty of care to both students and non-students in supervising school parking lot.
Torts Sep. 26, 2000
Salgado v. County of Los Angeles
Judgment notwithstanding verdict in mother's action for emotional distress after baby's injury during delivery is error.
Torts Sep. 26, 2000
Polydoros v. Twentieth Century Fox Film Corp.
No recovery for filmmaker's use of character resembling plaintiff as a child in purely fictional movie.
Torts Sep. 26, 2000
Sanders v. American Broadcasting Companies Inc.
Secret videotaping of conversation with employee in 'open work area' is not invasion of privacy.
Torts Sep. 26, 2000
Creason v. State Dept. of Health Services
Newborn screening program imposes mandatory duty on state to exercise reasonable care concerning test results.
Torts Sep. 26, 2000
Mueller v. Saint Joseph Medical Center
Wrongful death claim under Elder Abuse Act isn't viable if direct negligence claim exists.
Torts Sep. 26, 2000
Calatayud v. State of California
Exception to firefighter rule allows recovery by officer injured by peace officer of another agency.
Torts Sep. 26, 2000
Delaney v. Baker
Damages for pain and suffering are permissible under Elder Abuse and Dependent Adult Civil Protection Act.
Torts Sep. 25, 2000
Brock v. Air Products and Chemicals Inc.
Demurrer must be overruled where complaint, uncontradicted by admissions, alleges defendants' products caused cancer.
Torts Sep. 25, 2000
Richmond v. A.P. Green Industries Inc.
Each distinct injury suffered by plaintiff due to asbestos exposure triggers separate limitations period.
Torts Sep. 25, 2000
Hondo Co. v. Superior Court (Estate of King)
Uninsured motorist's estate can't recover non-economic damages after fatal car accident.
Torts Sep. 25, 2000
Broughton v. Cigna Healthplans of California
Consumers Legal Remedies Act's right to judicial proceeding cannot be waived.
Torts Sep. 25, 2000
Town of Alma v. AZCO Construction Inc.
Party suffering only economic loss from breach of express or implied contractual duty may not assert tort claim for breach absent independent duty of care.
Torts Sep. 20, 2000
Grynberg v. Agri Tech Inc.
Party suffering only economic loss from breach of express or implied contractual duty may not assert tort claim for breach absent independent duty of care.
Torts Sep. 20, 2000
Richmond v. A.P. Green Industries, Inc.
Claim for asbestos related injury of mesothelioma isn't precluded by earlier action for asbestosis
Torts Sep. 20, 2000
Cooper v. U.S. Ski Assn.
Mother's execution of release enforceable to bar son's claims against ski club.
Torts Sep. 19, 2000
Greenberg v. Comerica Bank
Order
Torts Sep. 19, 2000
Board of County Commissioners of the County of Gilpin, Colorado v. Entrup
Order
Torts Sep. 19, 2000
Bielicki v. The Terminix International Co.
Employer that ratifies worker's negligence in spraying toxic chemicals is liable for punitive damages
Torts Sep. 19, 2000
Mesa County Valley School District No. 51 v. Kelsey
Written notice of claim must include demand for payment of damage; failure to timely file claim creates jurisdictional bar that cannot be overcome by equitable defenses.
Torts Sep. 19, 2000