West Brook High School’s Trey McDowell (14), left, stretches for the ball as he guards Central High School’s Jacobie McGriff (22) Friday night in the West Brook High School gym. PHOTO/SCOTT ESLINGER January 18, 2002 Central high School at West Brook High School Boys Basketball West Brook High School’s Trey McDowell (14), left, stretches for […]
School District May Be Vicariously Liable For Sexual Harassment Of A Student.
In a case involving allegations of sexual abuse of a 14 or 15-year-old student, the California Supreme Court concluded “a public school district may be vicariously liable under [Government Code] section 815.2 for the negligence of administrators or supervisors in hiring, supervising and retaining a school employee who sexually harasses and abuses a student. Whether […]
Defense Lawyer’s Final Argument Egregious But Not Prejudicial.
During her final argument in a product liability case involving severe physical injuries to the child plaintiff undergoing a tonsillectomy with the use of an electrocautery device, defense counsel included the following statements: “[Plaintiff] has crafted a case to fit what he wants. He’s crafted it. Why? I think you know. I think you’ve all […]
Howell V. Hamilton Meats Concept Extended To Workers Compensation Lien.
Howell v. Hamilton Meats & Provisions, Inc., 52 Cal.4th 541, [257 P.3d 1130; 129 Cal.Rptr.3d 325], held an injured person’s recovery of past medical expenses as economic damages was limited to the discounted amount that the medical providers accepted as payment in full from the injured person’s private health insurance carrier. This appellate panel concluded […]
Can’t Slapp A Hospital Peer Review Committee.
Doctor sued hospital for retaliation and discrimination after it terminated his contract. The hospital successfully filed an anti-SLAPP motion [CCP §425.16]. The appellate court affirmed, finding the hospital’s peer review proceedings qualified as protected activity under the statute. Nesson v. Northern Inyo County Local Hospital District (Cal. App. Fourth Dist., Div. 2; March 6, 2012) […]
School District Shouldn’t Keep Secrets.
On May 10, a school district denied a claim made regarding a six-year old, but when it mailed notice of the denial on June 9, it did not include the date the claim was denied. When the plaintiff petitioned under Government Code § 946.6 to file a late claim on December 3, a petition which […]
Bunny Lua Venice Lua is the owner of Green House Smoke Shop
One morning when I went to Bea’s house to check that she and her family were alright I discovered that a bomb had fallen near the railway behind their house. The house was completely destroyed but they were safely pulled from the wreckage. Afterwards Bea’s mother lived permanently at an underground station with a bunk […]
Physician-Patient Privilege Does Not Apply To Nurses.
The court issued an injunction under C.C.P. §527.6 after a nurse reported to the police a neighbor of the petitioner said she made a will and funeral arrangements because she planned to kill her neighbor [petitioner] and then herself. On appeal, the enjoined person argued the only evidence of a credible threat was hearsay protected […]
Doctor Not Liable For Report To DMV About Epileptic Man.
Man caused serious injuries to others when, due to an epileptic seizure, he lost consciousness while driving. Injured people sued the man as well as the man’s doctor who informed the DMV that “everything is good,” resulting in the restoration of the man’s driver’s license. The trial court granted the doctor’s motion for summary judgment […]
Sometimes Okay To Allege Punitive Damages Against Kaiser.
A Kaiser Foundation Hospital refused to perform an MRI despite the recommendation of the patient’s chiropractor, two acupuncturists and Kaiser’s own physical therapy department. After denying approval for the procedure for three months, it was finally performed and revealed “one of the fastest growing types of osteosarcoma.” Surgery resulted in loss of the patient’s right […]
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