An employee of a gas facility dropped a propane tank on a truck driver as he was removing the tank from the truck driver’s truck. The facility settled with the truck driver for his injuries and then cross-complained against the motor carrier who had hired the truck driver’s company to carry the tanks. After a […]
Statute Of Limitations For In Utero Exposure To Toxics.
Plaintiff was born with a birth defect affecting the structure of her brain. She alleges in her action against her mother’s former employer that her injuries were caused by her mother’s exposure and her in utero exposure to hazardous and toxic chemicals at her mother’s workplace more than 20 years earlier. The suit was filed […]
Dismissal Reversed In Case Where Website Owners Did Not Warn User Of Rapists.
Plaintiff is an aspiring model who posted information about herself on a networking website for models. In her action against the website owners, she alleges that two rapists used the website to lure her to a fake audition, where they drugged her, raped her, and recorded her for a pornographic video. She also alleges that […]
If A Tree Falls On A House And No One Is Around To Prune It, Does It Make A Lawsuit?
During a windstorm, a tree owned by a City fell on a residence. As a result of the damage caused to the house, the homeowner’s insurer paid benefits for the damage under the homeowner’s insurance policy. The insurer then sued the City for inverse condemnation and nuisance based on the damages caused by the tree. […]
Previously we reported: No Loss Of Consortium Claim Under Labor Code § 4558. The same case was again before the Court of Appeal.
Where an employee is injured in the course and scope of his or her employment, workers’ compensation is generally the exclusive remedy of the employee and his or her dependents against the employer. (Lab. Code §§ 3600, subd. (a), 3602.) Labor Code section 4558 authorizes an injured worker to bring a civil action for tort […]
Previously we reported: Primary Assumption Of The Risk In Caring For Alzheimer’s Patient.
A man contracted with a home care agency to provide care for his wife who suffers from Alzheimer’s disease. The wife injured the caregiver, and the caregiver brought an action against the husband and wife for negligence and premise liability. The trial court granted summary judgment to the husband and wife, and the appellate court […]
Summary Judgment Reversed…Evidence In Opposition More Than Mere Speculation Regarding Causation.
Plaintiff was diagnosed with mesothelioma in 2010. He filed an action alleging he was exposed to asbestos when he worked at a Goodyear plant from 1968 until 1979, and died while the action was pending. The personal injury action was converted to a survival and wrongful death action. Defendant is a manufacturer of insulation. Defendant […]
Defendants Took Drunk Friend To The Edge Of A Cliff, And Then Didn’t Call For Help When He Fell.
Plaintiff was severely injured from a fall from the edge of a cliff above the Sacramento River in Redding. Although he cannot recall how or why he fell, he sued his two companions, asserting causes of action for assault and battery, negligence, willful misconduct, and intentional infliction of emotional distress. He claims that defendants put him […]
Plaintiff Allowed 128.7’s Safe Harbor Period To Come And Go Against Real Estate Agent, And The Court Ordered Her And Her Lawyer To Pay $60,000 In Defense Attorney Fees.
Plaintiff purchased a home from defendants. Two years later, plaintiff brought an action against defendants and their real estate agent to recover damages for their failure to disclose defective subfloors in the home. The real estate agent moved for terminating and monetary sanctions against plaintiff and her counsel pursuant to Code of Civil Procedure section […]
Passage Of Time Not Enough To Demonstrate Constructive Notice Of A Dangerous Condition Of Public Property.
After a man tripped and fell on the protruding base of a post on public property, he filed an action against a city. The trial court granted summary judgment in favor of the city after finding the city lacked constructive notice of a dangerous condition. On appeal, plaintiff contended that based solely on the length […]
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