The City of Riverside declared by zoning ordinances that a medical marijuana dispensary is a prohibited use of land within the city and may be abated as a public nuisance. Invoking these provisions, the City brought a nuisance action against a medical marijuana facility operated by defendants. The trial court issued a preliminary injunction against the distribution […]
Disabled As A Matter Of Law.
Minutes before a scheduled surgery to repair an umbilical hernia, plaintiff’s operation was abruptly canceled by the anesthesiologist because she was HIV-positive, and the doctor was concerned for his own safety as well as the safety of the operating room staff. When her primary care physician scheduled the surgery, he had informed the surgeon that the […]
Common-Fund Doctrine Applies To ERISA Health Plans.
Plaintiff, an employee of an airline, brought an action against a third party for injuries and his lawyers secured $110,000 for him. After deducting 40 % for the contingency fees, plaintiff received $66,000. The airline has a health benefits plan which entitles the airline to reimbursement if an employee recovers money from a third party. The […]
Bureaucracy v. Lies With In-Home Supportive Services.
A county determined a disabled woman was eligible to receive In-Home Supportive Services [IHSS; Welfare & Institutions Code section 12300], and she selected her son to be her individual provider. The county sought return of $29,560 it paid to the son on the ground he did not perform the services. In fact, it was the […]
Jury Verdict Overturned In Veterinarian Malpractice Action.
Defendants are doctors of veterinary medicine who were retained by plaintiff to perform prepurchase examinations on two performance horses, Syrus and Poncho. The report was that both horses were suitable for their intended uses as competition hunter jumpers, and based upon the report plaintiff purchased Syrus and Poncho. Afterward, the horses manifested physical problems which interfered […]
No Cause Of Action Against Doctors Or LASIK Manufacturer.
Two plaintiffs received laser eye surgery, LASIK. They brought an action against the machine manufacturer and various doctors because the laser machine used had not been approved by the Food and Drug Administration, even though they suffered no injuries during their surgeries. They assert claims under the Human Subjects Act [Health and Safety Code section […]
Abuse Of Discretion Not Found In Board Placing Nurse On Probation.
Registered Nurse with a blood alcohol of .16 lost control of a car on the freeway, was convicted of a misdemeanor and placed on three years probation. The Board of Registered Nursing revoked the R.N.’s license to practice nursing, but stayed revocation subject to three years probation. The R.N. convinced the superior court the Board committed […]
No Arbitration For Skilled Nursing Facility In Elder Abuse Case.
A patient sued a skilled nursing facility for elder abuse based on alleged negligent care. Her daughter sued the same defendants in the same complaint for negligent infliction of emotional distress based on what she allegedly observed her mother go through. The mother had signed an arbitration agreement, and defendants moved to compel arbitration. The trial […]
Manufacturing Defect Summary Judgment In Favor Of Medical Device Manufacturer Reversed.
Plaintiff had a prosthesis implanted in his femur, and reported pain in his thigh 18 months later. A fatigue fracture was discovered. Defendant manufacturers filed a motion for summary judgment, which included a declaration from an engineer stating the prosthesis was not defective in design or manufacture. Plaintiff’s opposition included the declaration of a metallurgist who […]
Fall Off Bed In Hospital Ordinary Negligence Governed By The Two-Year Statute Of Limitations.
A patient brought an action against a hospital for general negligence and premises liability after a bed rail collapsed causing her injuries when she fell to the floor nearly two years earlier. The trial court dismissed the action, ruling the action was one for professional negligence subject to the one-year statute of limitations [Code of Civil […]
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