Plaintiff brought an action after she suffered emotional distress upon witnessing the death of her brother while they were scuba diving off the coast of Catalina Island. At the time of the accident, plaintiff thought her brother had a heart attack, but later learned that a plastic flow-restriction insert had become lodged in decedent’s second stage […]
Medical Malpractice, Or Ordinary Negligence? IIED Demurrer Reversed.
Plaintiff underwent a dilation and curettage procedure following a miscarriage. She alleges that she was administered inadequate anesthesia and awoke during the procedure. When she later confronted the anesthesiologist, the anesthesiologist became angry, shoved a container filled with plaintiff’s blood and tissue at her, and then urged plaintiff not to report the incident. Plaintiff sued the […]
Assumption Of The Risk Applies To Bumper Car Rides.
Toward the end of a bumper car ride at Great America amusement park, with plaintiff’s nine-year-old son at the wheel, and plaintiff as a passenger, plaintiff braced herself by placing her hand on the dashboard. Her son described that “something like cracked,” and plaintiff’s wrist was fractured. The California Supreme Court found: “We conclude the primary […]
$13.8 Million Punitive Damages Not Unconstitutionally Excessive.
Betty Bullock smoked cigarettes for 45 years. The jury awarded $850,000 in compensatory damages and later awarded $28 billion in punitive damages. The trial court granted a new trial on the issue of excessive damages with the condition it would deny the motion if plaintiffs consented to reduce the punitive damages to $28 million. Plaintiffs […]
Government Tort Claim Delivery Requirement Strictly Construed.
After being damaged by medical negligence at a county hospital, plaintiff’s lawyer gave written notice under Code of Civil Procedure section 364, that a suit for personal injuries would be filed. Counsel personally delivered copies of the letter to the hospital’s administration and requested that it be forwarded to the hospital’s insurance carrier. It is […]
Patient May Pursue Doctor For More Than Malpractice.
Trial judge granted doctor summary judgment for alleged medical malpractice, but, denied summary judgment for a negligent maintenance claim after a laser machine emitted “a loud booming sound” that resulted in hearing loss. The California Supreme Court’s decision in Flowers v. Torrance Memorial Hospital (1994) 8 Cal.4th 992, [884 P.2d 142; 35 Cal.Rptr.2d 685] does […]
High Heels Get Caught In Concrete Crack.
Plaintiff caught her foot in a walkway separation and “the toe of [her] right shoe . . .started to go forward” and she went down suffering injuries to her hands, wrists, elbows and knee. A jury awarded her $1,336,197 and the trial court granted both a JNOV and a new trial, ruling that “no reasonable […]
Primary Assumption Of The Risk Applies To Organized Recreational Motorcycle Riding.
Plaintiffs were injured while participating in a “Pursuit for Kids Toy Drive” organized annually by Harley-Davidson. As the procession of motorcycles drove along one lane of the freeway, a van turned into the lane, resulting in injuries to the plaintiffs. The trial court granted summary judgment for Harley-Davidson, holding it owed no duty to plaintiffs. […]
No Duty To Defend.
Company A advertised its product, which resembled and had a name similar to the product sold by Company B. Company A’s advertisement, however, did not identify Company B’s product expressly and did not disparage Company B’s product. When Company B sued, Company A made a demand on its insurer to defend under an insurance policy […]
Question Of Fact Whether Dangerous Condition Of Public Property Existed.
Traffic exiting baseball park was induced onto a public street where plaintiff was standing behind her car when she was hit by a drunk driver. The trial court granted summary judgment. The appellate court reversed, holding numerous questions of fact existed relating to the issue of dangerous condition of public property. Cole v. Town of […]
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