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 […]
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 […]
No Equitable Contribution From Employer’s Insurance Policies Until All Of The Tortfeasor Employee’s Policies Exhausted.
An employee caused injuries to another person while driving his car in connection with his employer’s business. Three insurance policies were in effect. Insurer #1 insured the negligent employee. Insurers # 2 and #3 insured the employer. After a settlement, Insurer #1 sought equitable contribution from #2 and #3, which the trial court ordered after granting […]
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 […]
“All Other Persons” In A Release Means All Other Persons.
Rodriguez was injured in a car accident and settled with the other driver, Oto, and the rental car company, Hertz, who rented a car to the other man. The release released: “Takeshi Oto and The Hertz Corporation, its employees, agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships (hereafter […]
Plaintiff’s State Law Failure To Warn Claim About A Medical Device Is Not Preempted.
Plaintiff had a pump and catheter surgically implanted in his abdomen to deliver pain relief medication directly to his spine, and he ended up a paraplegic. The opinion states defendant’s device caused the paralysis. The district court concluded plaintiff’s action was preempted by the Medical Device Amendment [MDA] to the Food, Drug, and Cosmetic Act [FDCA] […]
No Bystander Claim For Emotional Distress When There Is No Contemporaneous Perception That Defective Product Caused Injury.
Plaintiff brought an action after she suffered emotional distress upon witnessing the death of her brother while they were scuba diving off the coast of Catalina Island. At the time of the accident, plaintiff thought her brother had a heart attack, but later learned that a plastic flow-restriction insert had become lodged in decedent’s second stage […]
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