The Mellor Law Firm, APLC

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Expansion Of The Doctrine Of Primary Assumption Of The Risk.

February 26, 2016 by

Expansion Of The Doctrine Of Primary Assumption Of The Risk.
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Plaintiff, a United Parcel Service [UPS] delivery driver, was injured when he lifted a box with a shipping label prepared by a university that inaccurately stated the weight on the box. Concluding the university owed no duty to plaintiff and that the doctrine of primary assumption of the risk applies, the trial court granted summary […]

Filed Under: Appellate Law News, Assumption of the Risk Law News, Legal News, Negligence Law News Tagged With: 197 Cal.Rptr.3d 51, 243 Cal.App.4th 427, 443 P.2d 561, 69 Cal.2d 108, 70 Cal.Rptr. 97

“It Has Nothing To Do With Satan, Mama. It’s Me,” Carrie White character in film “Carrie.”

December 30, 2015 by

“It Has Nothing To Do With Satan, Mama. It’s Me,” Carrie White character in film “Carrie.”
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While exiting a haunted house attraction, a patron was confronted by a final scare known as the “Carrie” effect—so named because, like the horror film Carrie, patrons are led to believe the attraction is over, only to be met by one more extreme fright.

Filed Under: Appellate Law News, Assumption of the Risk Law News, Legal News, Negligence Law News, Personal Injury Law News Tagged With: 194 Cal.Rptr.3d 830, 242 Cal.App.4th 490

Danger In Fun: Assumption Of The Risk.

February 7, 2015 by Leave a Comment

Danger In Fun: Assumption Of The Risk.
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Prior to plaintiff’s participation in a kickboxing class at defendant’s sports club, she signed a one-page agreement which advised that use of the facility naturally involves a risk of injury which she understands and voluntarily accepts. Thereafter, while performing a roundhouse kick, after being instructed on technique, plaintiff injured her knee. In opposition to defendant’s […]

Filed Under: Appellate Law News, Assumption of the Risk Law News, Contract Law News, Legal News, Negligence Law News, Personal Injury Law News

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Recent News

Restrictions On Commercial Speech Regarding Alcoholic Beverages To Be Reconsidered Under Strict Judicial Scrutiny In Light Of First Amendment.

March 25, 2016 By

During the early 1900s, manufacturers and wholesalers of alcoholic beverages “tied” retailers to them by providing them with loans, reduced rents, free equipment and other means. Such “tied-house” arrangements caused a vast growth of the number of saloons and bars, resulting in … Read More...

Trial Court Erred In Refusing To Issue Domestic Violence Restraining Order.

March 14, 2016 By

The trial court declined to issue a domestic violence restraining order for two reasons. First, it determined that mental abuse was insufficient, and, second, that past physical abuse was insufficient. The court of Appeal reversed. With regard to mental abuse, the appellate court … Read More...

Retrial Ordered Because Jury Instruction Improperly Shifted The Burden Of Proof.

March 11, 2016 By

In an action by an insured against an insurance company which denied a claim, plaintiff requested that the trial court give a standard jury instruction explaining that, when a loss is caused by a combination of covered and excluded risks, the loss is covered if the most important … Read More...

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  • Restrictions On Commercial Speech Regarding Alcoholic Beverages To Be Reconsidered Under Strict Judicial Scrutiny In Light Of First Amendment.
  • Trial Court Erred In Refusing To Issue Domestic Violence Restraining Order.
  • Retrial Ordered Because Jury Instruction Improperly Shifted The Burden Of Proof.
  • Discovery Propounded By Judgment Creditor.

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

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