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 […]
Ninth Circuit Reversed Grant Of Summary Judgment In Excessive Force Action Involving The Death Of An Attorney.
In response to a hang-up 911 call, police arrived at a home to find a delusional man, an attorney, sitting in the driveway. It took four officers to handcuff him. Even after being handcuffed, the man pumped his fists and kicked his feet and toes onto the asphalt. An officer kept his knee on the man’s […]
False Imprisonment Action Against Counties To Proceed.
The allegations are that a man was stopped by police for driving while talking on a cellphone. He handed over his driver’s license, which showed his name as Freddy Pantoja Rodriguez, his registration, and his proof of insurance. After the two officers held a discussion, appellant was told to step out of his car, and […]
No Double Recovery When Plaintiff Dies After Suing Manufacturer And Son Brings Wrongful Death Claim.
Decedent brought an action against a cigarette manufacturer seeking damages for lung cancer, but died while the verdict was on appeal. In the present case, decedent’s son brought a wrongful death action against the tobacco company for his father’s death and received $12.8 million for loss of consortium. On appeal, the tobacco company contended the trial […]
$21 Million To Compensate For Woman’s Injuries Due To Drug Tossed By United States Supreme Court.
In 1978, an anti-inflammatory drug was approved by the Food and Drug Administration [FDA], and in 2004, the drug was prescribed for plaintiff to treat her shoulder pain. The United States Supreme Court noted: “The results were horrific. Sixty to sixty-five percent of the surface of [plaintiff’s] body deteriorated, was burned off, or turned into an […]
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 […]
“ Putative Spouse ” Defined For Wrongful Death Actions.
Code of Civil Procedure section 377.60, provides that a wrongful death action may be brought by a decedent’s putative spouse and defines the putative spouse as “the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.” The Court of […]
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 […]
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