Plaintiffs’ decedent died from mesothelioma caused by asbestos exposure. After trial, a jury found defendant was ten percent (10%) responsible for plaintiffs’ damages. On appeal, defendant argued: (1) plaintiffs failed to introduce expert testimony that defendant’s asbestos alone (as opposed to acting in combination with others’ asbestos) constituted a substantial factor in the development of […]
Component Parts Doctrine.
In the underlying action, plaintiffs, husband and wife, asserted claims against defendants for injuries to husband allegedly resulting from his decades-long work as a mold maker and machine operator at a foundry. While employed, the husband worked with and around metals, plaster and minerals supplied by defendants. Plaintiffs’ complaint for negligence, negligence per se, strict liability, […]
Because Court Rejected Proposed Special Verdict Form Judgment In Jury Trial Reversed.
Defendant in an automobile accident case submitted a special verdict form that would have required the jury to consider the fault of both parties, as well as a non-party, for purposes of allocating liability for plaintiff’s noneconomic damages. According to plaintiff, she was a passenger in the back seat of a car stopped at a […]
Duty Of Care To Four-Year-Old Guest Using Pool.
A four-year-old drowned in the pool of a home friends of his family rented. His parents brought an action against the homeowners and the property management company. The trial court granted defendants’ motion for summary judgment on the ground defendants owed no duty of care to a guest of the tenants. With regard to the […]
Food Trucks: American Cuisine On The Go.
A catering company owned a fleet of food trucks which were leased to operators who drove from site to site selling food. One truck was leased by a husband and wife. That truck was equipped with two seats, two seat belts, and specially designed, built-in equipment including a deep fryer, grill, steam table, oven, refrigerator and […]
Lack Of Legal Duty Not Fatal To Plaintiff’s’ Claim.
Prior to and during a woman’s pregnancy, the baby’s father worked as an engineer for defendant. The baby was born with a number of birth defects, allegedly caused by the father’s exposure to toxic chemicals at defendant’s facility. The trial court granted summary judgment to defendant on plaintiffs’ claims on the ground defendant owed no legal […]
Permitting Expert Testimony A Judge Is Taken To Task For Leaving The Gate Unguarded.
In an asbestos action in federal court, a jury awarded damages totaling $10.2 million. An en banc Ninth Circuit vacated the judgment and remanded the matter for a new trial. The issue on appeal was the trial court’s permitting two expert witnesses to testify. The appeals court concluded: “The district court failed to make findings of […]
New Trial Granted In Product Liability Case With Sophisticated User Defense.
Plaintiff, a maintenance worker, was using a power drill to drill a hole in a piece of angle iron when the drill bit bound and the drill counter rotated, twisting his arm and causing serious injuries. His theory at trial was that the drill should not have been used without a side handle, and that it […]
Statute Of Limitations Does Not Bar Action Against Lawyers.
A trustee who is a lawyer and was a lifelong friend of the plaintiffs, a large family, allegedly teamed up with another lawyer and a law firm to “drain off” $25 million from a composite family estate. The family brought an action against the lawyers for fraud, intentional and negligent misrepresentation, fraud by concealment, constructive fraud, breach […]
Foreign Sovereign Immunities Act (FSIA) Decision Reversed By Ninth Circuit En Banc.
Last year we reported the following: No Jurisdiction. Plaintiff brought an action against an Austrian-owned railway as a result of her attempting to board a moving train in Innsbruck. She purchased a Eurail pass in California from Rail Pass Experts, a company based in Massachusetts. When attempting to board the train, she fell to the tracks through […]
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