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McGill v. M.J. Brock & Sons, Inc.
Misrepresentation action not barred by statute of limitations when defendant fails to demonstrate that plaintiffs were on inquiry notice of neighborhood changes.
Torts Mar. 31, 2000
Hernandez v. California Hospital Medical Center
In medical malpractice action, claimant may recover against hospital even though Medicare and Medi-Cal paid his medical expenses.
Torts Mar. 31, 2000
Brennan v. Tremco, Inc.
Demurrer without leave to amend can't be sustained where triable issues of fact remain to be decided.
Torts Mar. 31, 2000
Scheiding et al. v. General Motors Corporation
Federal Locomotive Boiler Inspection Act pre-empts state claims concerning exposure to asbestos in locomotives. The C.A. 1st has ruled that the federal Locomotive Boiler Inspection Act (BIA) pre-empted state tort action
Torts Mar. 30, 2000
Hidalgo v. Fagen Inc.
Strict liability claim against parts manufacturer requires claimant to demonstrate that the part itself, not the final product, is defective.
Torts Mar. 29, 2000
Fox v. Kramer
Hospital peer review records are inadmissible subsequent remedial measures evidence.
Torts Mar. 29, 2000
McGill v. M.J. Brock & Sons Inc.
Misrepresentation action not barred by statute of limitations when defendant fails to demonstrate that plaintiffs were on inquiry notice of neighborhood changes.
Torts Mar. 23, 2000
Sky Fun 1, Inc. v. Schuttloffel
Pilot may bring defamation claim against former employer for statements made to prospective new employer.
Torts Mar. 22, 2000
Myers v. Chopra
Order
Torts Mar. 22, 2000
Salazar v. American Sterilizer Co.
Statute of limitations on tort claim does not begin to run until plaintiff knows cause of her illness.
Torts Mar. 22, 2000
McDonald v. City of Prescott
City police department has duty to take action within reasonable time to correct dangerous road condition on state highway.
Torts Mar. 20, 2000
Rotella v. Wood
'Injury and pattern discovery rule' doesn't govern start of limitations period for civil RICO claims.
Torts Mar. 6, 2000
Rose v. Colorado Factory Homes
Buyer of modular home may revoke acceptance where seller unable to remedy problems.
Torts Mar. 6, 2000
Larsen v. Decker
Social Security Administration report finding plaintiff permanently disabled is hearsay which cannot be admitted to prove plaintiff's injuries in automobile accident.
Torts Mar. 6, 2000
Lectrodryer v. Seoulbank
Bank's retention of funds after issuance of letter of credit supports jury's verdict of unjust enrichment.
Torts Mar. 3, 2000
Stone v. The Regents of the University of California
Where employee's conduct is outside scope of employment, employer is not required to defend employee in civil lawsuit.
Torts Mar. 3, 2000
Bjork v. Mason
Minor injured by tow rope pulled by defendant's boat doesn't entitle defendant to summary judgment verdict under assumption of risk doctrine.
Torts Mar. 3, 2000
People v. Sun Pacific Farming Co.
Citrus trees infected with citrus tristeza virus are public nuisance which justifies removal of all infected trees.
Torts Mar. 3, 2000
Cressler v. Neuenschwander
Order
Torts Mar. 3, 2000
Killgore v. Agtrans Inc.
Order
Torts Mar. 3, 2000
Kendall-Jackson Winery v. Superior Court
Unclean hands defense is triggered when misconduct in particular transaction, or connected to subject matter of litigation, affects equitable relations between litigants.
Torts Mar. 3, 2000
Saelzler v. Advanced Group 400
Assault victim has cause of action against owners of dangerous apartment complex who took no precautionary measures to secure against crime.
Torts Mar. 2, 2000
Faz v. Ford Motor Credit Co.
Automobile lessor has no liability under statute for lessee's negligence.
Torts Feb. 27, 2000
Chidester v. Wal-Mart Stores
Order
Torts Feb. 16, 2000
Zeran v. Diamond Broadcasting Inc.
Order
Torts Feb. 9, 2000
Aaron v. Fromkin
Lawsuit based on securities fraud must be brought within two years of victim's suspicion of fraudulent activity.
Torts Feb. 9, 2000
Boyd v. Garvert
Claim for breach of fiduciary duty distinct from claim for professional negligence.
Torts Feb. 9, 2000
Quintana v. The City of Westminster
Colorado Governmental Immunity Act does not protect city if actions of police officer endanger life or property.
Torts Feb. 9, 2000
City of Colorado Springs v. Conners
Action for non-compensatory equitable relief under CRA is not barred by plaintiff's failure to comply with notice provisions of CGIA.
Torts Feb. 9, 2000
City and County of San Francisco v. Philip Morris Inc.
Tobacco companies are not subject to governmental action if injury indirect or derived from third party.
Torts Feb. 8, 2000