Five young women, all under the age of 21, got into a car after partying all night (and drinking alcohol) at a friend’s house. Driving on the wrong side of the road, the car collided with a bicyclist, who was seriously injured. The bicyclist and his wife sued, among others, all of the occupants of the […]
Is There A Duty Of Care To Secure Cargo To Prevent Tragedy On The Highway?
A CHP officer stopped a car, and the two were parked on the right shoulder of a freeway. Meanwhile, another man was proceeding along the freeway with two dirt bikes strapped inside his truck bed. The bikes were strapped down by employees of a motorsports dealership. The bikes were “hopping around a little bit,” and the […]
Professional Negligence Action Against Prison Doctor.
Plaintiff was a prisoner in state prison when he alleges he was negligently treated by a doctor. The trial court granted summary judgment for the doctor on plaintiff’s two causes of action: breach of fiduciary duty and professional negligence. The appellate court reversed, stating: “With respect to his breach of fiduciary duty claim, [plaintiff] alleged in […]
Bicycle On A Sidewalk.
Plaintiff college student left college on his bicycle. At first, he traveled on the street with the vehicular traffic, then he crossed to the sidewalk against the flow of traffic on the street. As he approached a supermarket parking lot, defendant drove her car out of the parking lot, over the threshold between the parking […]
Jury Verdict In Favor Of Truck Manufacturer Reversed.
A 15-year-old boy threw a 2.5 pound of concrete rock from a freeway overpass, penetrating the windshield of a truck driven by plaintiff, striking plaintiff on the head and causing great bodily injuries. The boy pled guilty and was sentenced to 12 years in prison. Plaintiff and his wife, and later only his wife, who proceeded […]
Jury Verdict Overturned In Veterinarian Malpractice Action.
Defendants are doctors of veterinary medicine who were retained by plaintiff to perform prepurchase examinations on two performance horses, Syrus and Poncho. The report was that both horses were suitable for their intended uses as competition hunter jumpers, and based upon the report plaintiff purchased Syrus and Poncho. Afterward, the horses manifested physical problems which interfered […]
No Cause Of Action Against Doctors Or LASIK Manufacturer.
Two plaintiffs received laser eye surgery, LASIK. They brought an action against the machine manufacturer and various doctors because the laser machine used had not been approved by the Food and Drug Administration, even though they suffered no injuries during their surgeries. They assert claims under the Human Subjects Act [Health and Safety Code section […]
The U.S. Supreme Court Curtails State’s Method For Seeking Reimbursement Allocation From Third-Party Tortfeasors For Medical Expenses Paid On Behalf Of A State’s Medicaid Beneficiaries…(Could Administrative Boards Deciding Amount Of Liens Be On The Horizon?)
Baby was born with multiple birth injuries which require 12-18 hours of daily nursing care. The baby and her parents filed a medical malpractice action against the delivery doctor and the hospital where she was born. Although the plaintiffs presented evidence of damages in excess of $42 million, they settled for $2.8 million, largely due […]
Substantive Grounds For Motions For JNOV, Nonsuit, And Directed Verdict May Be The Same, But Their Procedural Requirements Are Not.
In an action involving strict liability and negligence, a jury found in favor of the plaintiffs on their failure to warn and negligence claims. After the jury was discharged, but before judgment was entered, the trial court granted defendant’s pending pre-verdict motions for nonsuit and directed verdict, deeming those motions to be a motion for judgment […]
Even Though Disabilities Not Apparent And ADA Not Violated, Airline Faces Suit Under State Statutes.
Plaintiff who has difficulty walking, due to osteoarthritis, collapsed spinal disc, knee replacement and another knee that needs replacement, flew United during both legs of a trip. She claims during both trips, United failed to provide her wheelchair assistance. Among her allegations: “United agents yelled at her, expressed skepticism that she actually needed a wheelchair, and […]
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