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 […]
Elder Abuse Actions Not Limited To Custodial Care.
Plaintiffs’ 83-year-old mother was not referred to a vascular surgeon over a two-year period during which her diminishing vascular flow worsened without treatment. She developed gangrene and her leg was amputated. Seven months later, she died. Defendants contend they cannot be liable for elder abuse because they treated decedent as an outpatient, and liability for elder […]
Providing Alcohol To Someone Who Injures Another As A Result Of Intoxication Results In No Civil Liability.
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 […]
Total Amounts Of Medical Bills Not Relevant.
Two plaintiffs were passengers in a taxi cab when another vehicle collided with the cab and they were injured. The defendant, the driver of the other car, was convicted of fleeing the scene of an injury accident, and was sent to prison for three years. A jury found the passengers suffered $1.8 and $1.4 million in […]
Real Estate Agent Injured By Concealed Danger While Showing Foreclosed-Upon Home.
A loan services company owned a home which had been foreclosed upon. The home had been visited by more than 100 real estate agents. One of the features was an attic that had been converted into a bonus room by a previous owner, which room was accessed by using a pull-down stairway. The home had been […]
Plaintiff Calls It A Sidewalk; City Calls It A Trail.
Plaintiff brought an action against a city after she was injured when she tripped over a protruding tree trunk while taking a walk on a sidewalk. Others called the place where she took the walk a trail, saying it was used for horseback riding and hiking. Government Code section 831.4, subdivision (a), provides that public entities […]
Workers Compensation Psychiatric Injury Award Annulled.
Labor Code section 3208.3, subdivision (h), states a psychiatric injury is not compensable “if the injury was substantially caused by a lawful nondiscriminatory, good faith personnel action.” In this case, the worker sustained psychiatric injury after encountering trouble at work. An agreed medical evaluator concluded the injury was not substantially caused by personnel actions, and the Workers […]
Common-Fund Doctrine Applies To ERISA Health Plans.
Plaintiff, an employee of an airline, brought an action against a third party for injuries and his lawyers secured $110,000 for him. After deducting 40 % for the contingency fees, plaintiff received $66,000. The airline has a health benefits plan which entitles the airline to reimbursement if an employee recovers money from a third party. The […]
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 […]
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