An employee consumed alcoholic beverages at an employer hosted party and became intoxicated. The employee arrived home safely, but then left to drive a coworker home. During that drive, the employee struck another car, killing its driver. The trial court granted summary judgment for the employer on the ground the employer’s potential liability under the doctrine […]
Another Dangerous Condition Of Highway Claim Rejected By Court.
Plaintiffs were injured in car crash and brought an action for dangerous condition of highway against a county. The trial court granted summary judgment in favor of the county and the appellate court affirmed, stating: “The evidence established that the accident was caused by [another driver’s] intentional act of crossing the double yellow line into oncoming […]
On Dangerous Condition Of Public Property Claim County Granted Summary Judgment.
A husband and wife were injured in an auto accident and brought an action against another motorist as well as the county for dangerous condition of public property. The complaint alleged the other driver was unable to see the plaintiffs as they pulled out from one road onto another. The county moved for summary judgment based […]
Judge Used As Pawn In Civil Extortion / Settlement Demand?
In a squabble over the receipts of a consortium of restaurants, a demand letter was sent. The appellate opinion contains the letter, albeit with the name and photograph of the judge omitted. A portion quoted states: “Because Mr. Moore has also received a copy of the enclosed lawsuit, I have deliberately left blank spaces in portions […]
Summary Judgment In Favor Of Product Manufacturer Affirmed.
The warning on a grinder read: “WARNING: To avoid the risk of serious injury, NEVER use this grinder with cup wheels and/or saw blades.” “WARNING: Never use any accessories other than those mentioned below. The use of any accessories other than those mentioned below or attachments not intended for use such as cup wheel, cut-off wheel, […]
Primary Assumption Of The Risk Applies To A Weight Dropped On Plaintiff’s Head.
Plaintiff was injured by a weight dropped by defendant, her teammate on the UCLA swim team, during a mandatory team workout session intended to strengthen the swimmers. Plaintiff filed an action alleging negligence against defendant, who successfully moved for summary judgment on the basis of the doctrine of primary assumption of the risk. Plaintiff argues primary […]
No Legal Duty On Part Of Supplier Of Pacemaker.
In a wrongful death action, the family of the decedent brought an action against the supplier of a pacemaker. During the implantation of the pacemaker, at which the pacemaker sales person was present, the decedent’s right atrium and ascending aorta were perforated and she died shortly after surgery. The trial court granted summary judgment. The appellate […]
Plaintiff’s Fourth Appeal Relative To The Placement Of Light Poles.
Plaintiff was injured when the car in which she was riding collided with another car in an intersection and then hit a light pole, erected 18 inches from the curb, and owned by a utility company. In the first two appeals, the appellate court affirmed summary judgment in favor of a county and a city. In […]
Elder Abuse And Patient’s Bill Of Rights.
A 79-year-old patient in a licensed nursing home fell nine times in 35 days while getting out of bed to go to the bathroom. On the ninth occasion, nurses reached his room two minutes after the bed alarm went off. While one nurse was turning off the alarm and the other stood in the doorway, the patient […]
Broad Language In Contractual Attorney Fee Provision.
Plaintiff prevailed under her negligence cause of action, but did not recover under her cause of action for breach of contract containing an attorney fee provision. That provision states: “All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration or litigation. The prevailing party in the event of arbitration […]
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