In 2001, while working as a ship laborer, plaintiff fell 25 to 50 feet from a barge to a dry dock, landing on a steel floor. He suffered blunt trauma to the head, chest and abdomen, a fractured rib and scapula and knee and back pain. He resumed work but left after a while. He filed […]
Rule Set Forth In Howell v. Hamilton Meats & Provisions, Inc. Applied During Post-Trial Motion.
As plaintiff, a disabled man, passed through the threshold of a door to exit a store, the automatic doors closed on him three or four times before he was able to pass through. When he made it through the doors, he fell to the ground because his leg became twisted. He was taken by ambulance to […]
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 […]
Summary Judgment For Employer Reversed On Worker’s Compensation Defense.
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 […]
Loss Of Consortium Claim Valid If Marriage Predates Discovery Of Symptoms.
With latent injury cases, injury often does not occur at the time of exposure to a toxic substance, but often decades later. The Court of Appeal held the required showing of the existence of a valid marriage for a loss of consortium claim is satisfied if the plaintiff’s marriage to the injured spouse predates discovery of […]
Noneconomic Damages Recoverable Despite Plaintiff’s Lack Of A Driver’s License.
Plaintiff, who was unlicensed, suffered serious and permanent brain injuries in a car accident. A jury awarded her $31,656,208. Defendant, who admitted liability, argued Civil Code §3333.4 prevented plaintiff was recovering $22,000,000 of the award, the portion for noneconomic damages. The vehicle the plaintiff was driving was purchased and insured by her father. Section 3333.4 precludes […]
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. […]
Judgment On The Pleadings Against Manufacturer Reversed.
A few months ago, the California Supreme Court limited the liability of manufacturers resulting from asbestos manufactured by third parties in O’Neil v. Crane Co.(2012) 53 Cal.4th 335, [266 P.3d 987; 135 Cal.Rptr.3d 288]. In this case, the Court of Appeal found the exception articulated in O’Neil comes into play, stating the machine here is allegedly […]
- « Previous Page
- 1
- …
- 10
- 11
- 12
- 13
- 14
- …
- 18
- Next Page »