| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B091396
|
Del Rio v. Jetton
Malicious prosecution action isn't pre-empted by the provisions of the Civil Rights Act. |
Torts |
|
Jun. 29, 1999 | |
|
B108196
|
YMCA of Metropolitan Los Angeles v. Superior Court (Clark)
Valid waiver of liability agreement bars senior citizen's suit against YMCA for slip and fall. |
Torts |
|
Jun. 29, 1999 | |
|
G018819
|
Phraner v. Cote Mark Inc.
Adopted child does not have standing to bring action for wrongful death of biological mother. |
Torts |
|
Jun. 29, 1999 | |
|
96-56675
|
Coastal Abstract Service Inc. v. First American Title Insurance Co.
Statement by title insurer to lender that escrow agent doesn't pay bills is defamation. |
Torts |
|
Jun. 29, 1999 | |
|
A082253
|
Anderson, Jr. v. Metalclad Insulation Corporation
Summary judgment is improper where moving party submits insufficient evidence to support inference that plaintiff is permanently disabled. |
Torts |
|
Jun. 29, 1999 | |
|
B101370
|
Salazar v. Southern California Gas Co.
Gas company isn't liable for injuries caused by vapors ignited by water heater pilot light. |
Torts |
|
Jun. 28, 1999 | |
|
94-55531 and 94-55586
|
National Union Fire Insurance v. United States
FTCA 'discretionary function exception' applies when government fails to correct breakwater to prevent storm damage. |
Torts |
|
Jun. 28, 1999 | |
|
G016361
|
Tietge v. Western Province of The Servites, Inc.
Statute retroactively amending statute of limitations revives adults' suit against priest for molestations occurring during childhood. |
Torts |
|
Jun. 28, 1999 | |
|
D030264
|
Scripps Health v. Marin
Mother's son can't be barred from hospital where he doesn't pose threat of future harm to hospital employees. |
Torts |
|
Jun. 28, 1999 | |
|
C027518 and C027765
|
Wilson v. Wal-Mart Stores, Inc.
Success of complaint of attorney misconduct for first time on appeal ultimately rests on whether harm not curable by timely objection and admonition results in miscarriage of justice. |
Torts |
|
Jun. 28, 1999 | |
|
H017187
|
Benavidez v. San Jose Police Department
Police failure to protect woman and her son from brutal attack by boyfriend, doesn't create a 'special relationship' duty under negligence theory. |
Torts |
|
Jun. 28, 1999 | |
|
G018750
|
McComber v. Wells
Pre-verdict settlement between co-defendants and plaintiff may be used to reduce economic damages against nonsettling defendant. |
Torts |
|
Jun. 28, 1999 | |
|
A079518
|
Howard v. Owens Corning
Jury doesn't have to accept uncontroverted expert testimony as conclusive unless it involves standard of care for professional negligence or medical malpractice. |
Torts |
|
Jun. 28, 1999 | |
|
A080411
|
Smith v. Maldonado
Disseminating truthful and accurate newspaper article with 'highlighted' passages doesn't constitute defamation. |
Torts |
|
Jun. 28, 1999 | |
|
S049103
|
Temple Community Hospital v. Superior Court of Los Angeles County (Ramos)
No tort cause of action lies for intentional third party spoliation of evidence. |
Torts |
|
Jun. 28, 1999 | |
|
E020473
|
Duarte v. Chino Community Hospital
Physicians are statutorily immune from liability for damages for refusing to withdraw life-sustaining medical care. |
Torts |
|
Jun. 28, 1999 | |
|
S051825
|
Asgari v. City of Los Angeles
Immunity from malicious prosecution precludes recovery in false arrest action for incarceration-period following arraignment. |
Torts |
|
Jun. 26, 1999 | |
|
B106956
|
Chen v. Superior Court (Prudential Homes Corporation
Contemporaneous perception of injury-causing event may be established through senses other than visual. |
Torts |
|
Jun. 26, 1999 | |
|
D021304
|
Lopez v. University Partners
Lessee of property is not liable for independent contractor's injured employee under peculiar risk doctrine. |
Torts |
|
Jun. 26, 1999 | |
|
B105686
|
Wright v. Stang Manufacturing Co.
Manufacturer has duty to warn of dangerous, foreseeable 'mismatch' of product with unsuitable mounting attachments. |
Torts |
|
Jun. 26, 1999 | |
|
95-16498
|
Govett American Endeavor Fund Ltd. v. Trueger
Choice of law provision cannot impede advisor's civil liability for criminal acts based on statutory torts. |
Torts |
|
Jun. 26, 1999 | |
|
95-15909 and 95-16024
|
Coughlin v. Tailhook Assoc.
Corporate parent's employees' risk awareness can support punitive damages award for sexual assault by hotel guests. |
Torts |
|
Jun. 26, 1999 | |
|
95-35597 and 95-35628
|
McMillan v. United States
Government contractor's employee gets damages for injuries from falling dead trees in national forest. |
Torts |
|
Jun. 26, 1999 | |
|
G016361
|
Tietge v. Western Province of the Servites Inc.
Statute retroactively amending statute of limitations revives adults' suit against priest for molestations occurring during childhood. |
Torts |
|
Jun. 26, 1999 | |
|
95-16391
|
Law v. General Motors Corp.
Boiler Inspection Act pre-empts state claims against railroad manufacturers for alleged train design defects. |
Torts |
|
Jun. 26, 1999 | |
|
95-56774
|
Dufresne v. Veneman
Action against chemical pesticide use is moot since pest's eradication precludes need for further spraying. |
Torts |
|
Jun. 26, 1999 | |
|
C012622
|
Moreno v. S.H. Kress & Co.
Proposition 51's limitation of damages for 'deep pocket' tortfeasors doesn't apply to retailer of defective product. |
Torts |
|
Jun. 26, 1999 | |
|
S054329
|
Russell v. Stanford University Hospital
Three-year limitation for action against health provider is tolled after suit notice within last 90 days. |
Torts |
|
Jun. 26, 1999 | |
|
S052972
|
Sullivan v. Delta Airlines
Terminated employee's death during appeal process makes damages for emotional distress unrecoverable. |
Torts |
|
Jun. 26, 1999 | |
|
95-56254
|
Penilla v. City of Huntington Park
Police officers are not entitled to qualified immunity if their affirmative actions place individual in danger. |
Torts |
|
Jun. 26, 1999 |
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