Plaintiff functioned as a volunteer employee for defendant. Defendant’s worker’s compensation insurance policy provided coverage for volunteers. On the day of the incident, according to plaintiff, plaintiff was not acting as a volunteer, but went to defendant’s business to visit a friend. Plaintiff claimed that while she was there, she was asked to go get somebody […]
When It Comes To Defamation, Bank Needs Thicker Skin.
Former vice-president of a bank published 21 allegedly defamatory statements in the “Rants and Raves” section on Craigslist. One of the postings was: “Being a stockholder of this screwed up Bank, this year there was no dividend paid. The bitch CEO that runs this Bank thinks that the Bank is her [personal] Bank to do with […]
No Legal Duty To Protect Plaintiff In Cow Versus Motorcycle Case.
Plaintiff’s complaint alleged negligence and premises liability after a 1,200-pound cow named “Annie” charged him while his motorcycle was stopped on a paved road within a ranch, but classified as an easement and used by eight families to get to their landlocked properties. At the close of plaintiff’s evidence at trial, the court granted a nonsuit. […]
No Arbitration For Skilled Nursing Facility In Elder Abuse Case.
A patient sued a skilled nursing facility for elder abuse based on alleged negligent care. Her daughter sued the same defendants in the same complaint for negligent infliction of emotional distress based on what she allegedly observed her mother go through. The mother had signed an arbitration agreement, and defendants moved to compel arbitration. The trial […]
Intentional Interference With Expected Inheritance [IIEI]; There’s A New Tort In Town!
![Homosexual Intentional Interference With Expected Inheritance [IIEI]](https://www.mellorlawfirm.com/wp-content/uploads/2013/03/gay-men-2.jpeg.webp)
It’s called intentional interference with expected inheritance [IIEI]. Two adult males were in a long-term committed relationship when one was hospitalized and awaiting surgery. He asked his partner to prepare a will dividing his estate equally between his estranged sister and the partner. The partner prepared the will and sent a copy of it to the […]
Manufacturing Defect Summary Judgment In Favor Of Medical Device Manufacturer Reversed.
Plaintiff had a prosthesis implanted in his femur, and reported pain in his thigh 18 months later. A fatigue fracture was discovered. Defendant manufacturers filed a motion for summary judgment, which included a declaration from an engineer stating the prosthesis was not defective in design or manufacture. Plaintiff’s opposition included the declaration of a metallurgist who […]
Fall Off Bed In Hospital Ordinary Negligence Governed By The Two-Year Statute Of Limitations.
A patient brought an action against a hospital for general negligence and premises liability after a bed rail collapsed causing her injuries when she fell to the floor nearly two years earlier. The trial court dismissed the action, ruling the action was one for professional negligence subject to the one-year statute of limitations [Code of Civil […]
CHP Owed No Duty Of Care To Bus Passengers Involved In Highway Collision.
An SUV was in a collision and came to rest on its side blocking at least one lane of SR 99 when a Greyhound bus came upon the scene and another collision occurred, resulting in the deaths of three bus passengers and three SUV occupants. In the litigation which followed, Greyhound cross-complained against the California Highway […]
Special Topping At Burger King Causes Emotional Distress Absent Physical Injury.
Plaintiff brought an action for damages after he was served a hamburger at Burger King tainted with a glob of saliva later traced by DNA back to an employee. The district court dismissed because Washington law does not permit relief for emotional distress absent physical injury. The Ninth Circuit reversed the grant of summary judgment and […]
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 […]
- « Previous Page
- 1
- …
- 7
- 8
- 9
- 10
- 11
- 12
- Next Page »