Plaintiff’s former significant other has sole possession of his home and he wants possession back, so he filed an action. After being denied a continuance of the trial, the significant other requested the accommodation of a continuance of trial for health reasons, under the Americans With Disabilities Act [ADA; 42 U.S.C. § 12101]. California Rules of […]
Employer’s Lawyer Had A Conflict Of Interest When Representing Employee At His Deposition.
Plaintiff wrote a statement shortly after an accident involving a co-worker, in which plaintiff said the other worker slipped and fell on a concrete floor soaked in oil and grease, but he did not say he witnessed the fall. About an hour later, someone in management asked him to write another witness statement. In the second, […]
Big Win On Damages Now Big Loss.
79-year-old resident of a nursing home fell nine times in five weeks, usually while getting out of bed to go to the bathroom. The last time, he had to undergo brain surgery for a subdural hematoma suffered as a result of hitting his head, and later suffered a stroke. He filed a complaint for elder abuse. On […]
Tragic Circumstances: Mandatory Duty.
Plaintiff brought an action against the State Department of State Hospitals and its administrators for breach of mandatory duty. Plaintiff’s sister was raped and murdered by a man who was paroled from state prison four days earlier. Plaintiff’s claim is that the perpetrator is a sexually violent predator within the meaning of Welfare and Institutions Code section […]
Unlawful Prior Restraint.
The plaintiff’s attorney in a personal injury case had a website advertising her success in two cases raising issues similar to those she was about to try. The trial court admonished the jury not to “Google” the attorneys or to read any articles about the case or anyone involved in it. Concerned that a juror might […]
Employee Not A Sophisticated User.
A man worked for a few decades for the U.S. government as a boiler technician. Defendant manufactured and sold valves containing asbestos, to which plaintiff was exposed. In 2009, he was diagnosed with mesothelioma. The trial court rejected defendant’s proffered instructions on a “ sophisticated user ” defense, and the jury awarded compensatory and punitive damages. […]
Affirming Grant Of New Trial In Medical Malpractice Case Based Upon Irregularity In The Proceedings.
The surgeon tore a glove while performing a hysterectomy and prescribed an antibiotic to avoid infection. Within days, she developed vomiting and diarrhea. At a clinic, she was given IV fluids, but the diarrhea was non-stop. She was hospitalized and went into shock and a diagnosis of pseudomembranous colitis, a severe inflammation of the colon, as a […]
Lawyers Sued For Legal Malpractice Related To 1994 Services Rendered To Client.
A law firm aided clients in obtaining a judgment in 1994. They contend they were not advised of the necessity to renew the judgment. After 2004, their judgment was unenforceable. The clients brought an action for legal malpractice and obtained a judgment. While faced with several creative arguments, the appellate court did not reach most of […]
No Potential For Liability Under Homeowners Insurance Policy.
An insurance exchange petitioned the Court of Appeal for a writ of mandate directing the trial court to set aside its order denying its motion for summary adjudication in its action for declaratory relief on the ground there was no potential for coverage under a homeowners insurance policy. The same insurer also issued the homeowners a […]
No Authority To Sign Here Either. And BTW Who’s Looking After Mom?
An 88 year old woman patient in a skilled nursing facility was hospitalized after a stroke. She woke up one night with her catheter removed, her call button unplugged, her gown off, an unknown male assistant looking down on her naked body and saying to her “This is why I love my job.” The woman […]
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