In their complaint, parents of a child born with cystic fibrosis contend they would not have conceived a child had the hospital informed them of the results of genetic tests. Both the trial and appellate courts found the hospital’s duty ended when it informed the doctor of the results. Summary judgment was granted to the […]
California Supreme Court Limits Liability Of Manufacturers.
Defendant manufactured pumps and valves, and was sued for wrongful death caused by asbestos manufactured by third parties and added to the pumps after defendant sold them. The California Supreme Court held that “a product manufacturer may not be held liable in strict liability or negligence for harm caused by another manufacturer’s product unless the […]
Summary Judgment In Favor Of Bank Reversed In Identity Theft Case.
Fraudulent accounts were opened in plaintiff’s name, so he advised credit reporting agencies which, in turn, notified various banks of the situation. Chase Bank USA did perform an investigation but continued to report a fraudulently opened account as lost or stolen and the thief’s address as plaintiff’s address. The trial court granted summary judgment in […]
Case Against Gun Manufacturer To Go To Trial.
A police officer was shot in the back with his Glock 21 service weapon by his three-year-old son rendering him a paraplegic. The officer and his wife sued the manufacturers of the gun and holster alleging the gun has a light trigger pull without an appropriate safety mechanism to prevent accidental discharge and the holster […]
Improper Joinder Of Claims In Sexual Assault By A Doctor Of Two Patients, But Proper Joinder Of The Doctor’s Employers.
Two patients brought an action against their doctor and the doctor’s employers for sexual assault. The trial court sustained defendants’ demurrer without leave to amend because the plaintiffs alleged separate and distinct assaults during separate and distinct periods, and defendants were improperly joined under CCP § 378. The appellate court affirmed the ruling with regard […]
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