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Logacz v. Brea Community Hospital
Where evidence suggests multiple causes of death in medical malpractice action, refusal of jury instruction regarding concurrent causation is prejudicial error.
Torts Jun. 3, 1999
Trinkle v. California State Lottery
Governmental immunity applies to protect state lottery from claim of unfair competition.
Torts Jun. 3, 1999
Plumeau v. School District #40 County of Yamhill
Official investigation of sex charges against school district employee isn't 'actual notice' for student's tort claim.
Torts Jun. 3, 1999
Hoff v. Vacaville Unified School District
School district owes duty of care to both students and non-students in supervising school parking lot.
Torts Jun. 3, 1999
Balthazor v. Little League Baseball Inc.
Little League team doesn't have a duty to decrease risk of injury to players.
Torts Jun. 3, 1999
Greve v. Angeles Chemical Co.
Summary judgments should not be granted when there are triable issues regarding adequate warnings.
Torts Jun. 1, 1999
Dickey v. City of Flagstaff
Recreational use statute immunizes city from liability if it didn't engage in willful, malicious, or grossly negligent conduct to cause injury.
Torts May 28, 1999
Greenwald v. Ford Motor Co.
Where offer of judgment made in wrongful death case lacks apportionment as to beneficiaries, statutory sanctions can't be obtained.
Torts May 28, 1999
Andreini v. Superior Court (Solorio)
Homeowners can be sued by employee of uninsured independent contractor injured while working on home.
Torts May 27, 1999
Mueller v. Saint Joseph Medical Center
Wrongful death claim under Elder Abuse Act isn't viable if direct negligence claim exists.
Torts May 26, 1999
Baker v. General Motors Corp.
Former auto manufacturer employee can testify in products liability action despite prior settlement agreement not to.
Torts May 26, 1999
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 May 26, 1999
Wawanesa Mutual Insurance Co. v. Matlock
17-year-old isn't liable for damage caused by cigarette he gave to 15-year-old.
Torts May 26, 1999
Stella Foods, Inc. v. Superior Court (Cacique, Inc.)
Cross-complainant needn't prove opponent's conduct was wrongful and independently actionable to prevail on economic interference action.
Torts May 26, 1999
Barris v. County of Los Angeles
State statute limiting damages in medical malpractice suit applies to federal patient dumping statute claim.
Torts May 26, 1999
State of Montana v. Gilham
Sovereign immunity bars plaintiff's unconsented action against state in Indian tribal court.
Torts May 26, 1999
Carroll v. County of Los Angeles
Paved bicycle path qualifies as 'trail' under immunity provisions of Government Code.
Torts May 26, 1999
State of California v. Superior Court (Glovsky)
Third party litigant is barred from cross-complaining against employer for indemnity and contribution.
Torts May 26, 1999
Ford v. Pacific Gas and Electric Co.
Public Utility Commission has jurisdiction over wrongful death claim based on electric and magnetic fields exposure.
Torts May 26, 1999
Loth v. Truck-A-Way Corporation
Admission of expert testimony on 'hedonic' damages is inadmissible and prejudicial.
Torts May 26, 1999
Harris v. King
Doctor's medical report to State Compensation Insurance Fund is privileged prelitigation communication barring defamation action.
Torts May 25, 1999
California Service Station and Automobile Repair Association v. American Home Assurance Co.
No duty of care requires disclosure of dividend information during arms' length insurance purchase negotiations.
Torts May 25, 1999
Keru Investments Inc. v. Cube Co.
Negligent construction claim can't be asserted by holder of deed of trust or subsequent owner of property.
Torts May 25, 1999
Arno v. Club Med Boutique Inc.
California rule applies to availability of tort plaintiff's attorney fees even though French law governs action.
Torts May 22, 1999
Cabrera v. Cordis Corporation
Relevant but cumulative evidence can be excluded in products-liability action against medical implant device manufacturer.
Torts May 22, 1999
Toumajian v. Frailey
State-law accountant malpractice claim for bad advice about employee benefit plan isn't pre-empted by ERISA.
Torts May 22, 1999
Jones v. Kmart Corp.
Alleged shoplifter who won tort action for injuries suffered during search isn't entitled to attorney fees.
Torts May 21, 1999
Bohan v. Wong
Appeal of dismissal of medical malpractice case is dismissed as untimely.
Torts May 21, 1999
Domenghini v. Evans
Action for injury occurring while wrestling cattle is barred by primary assumption of risk doctrine.
Torts May 21, 1999
Zellers v. Playa Pacifica Ltd.
Individual hired by unlicensed independent contractor is limited to relief under Workers' Compensation Act for injuries.
Torts May 21, 1999