One afternoon, three boys were walking home from school when two pit bulls attacked and seriously injured one of them. A lawsuit was brought against the dogs’ owner, the landlord and the County of Los Angeles. Among other allegations, the complaint alleged the county had received nine complaints the pit bulls had jumped the fence […]
Howell V. Hamilton Meats Concept Extended To Workers Compensation Lien.
Howell v. Hamilton Meats & Provisions, Inc., 52 Cal.4th 541, [257 P.3d 1130; 129 Cal.Rptr.3d 325], held an injured person’s recovery of past medical expenses as economic damages was limited to the discounted amount that the medical providers accepted as payment in full from the injured person’s private health insurance carrier. This appellate panel concluded […]
Doctor Not Liable For Report To DMV About Epileptic Man.
Man caused serious injuries to others when, due to an epileptic seizure, he lost consciousness while driving. Injured people sued the man as well as the man’s doctor who informed the DMV that “everything is good,” resulting in the restoration of the man’s driver’s license. The trial court granted the doctor’s motion for summary judgment […]
Sometimes Okay To Allege Punitive Damages Against Kaiser.
A Kaiser Foundation Hospital refused to perform an MRI despite the recommendation of the patient’s chiropractor, two acupuncturists and Kaiser’s own physical therapy department. After denying approval for the procedure for three months, it was finally performed and revealed “one of the fastest growing types of osteosarcoma.” Surgery resulted in loss of the patient’s right […]
Catholic Church Cases Continue.
The plaintiff was born in 1975; he was 11 or 12 years old when the alleged abuse by a local parish priest occurred. He alleged he did not discover he had adult-onset psychological injuries caused by the molestations until 2008, and he brought his action in 2010. He says the statute of limitations was tolled […]
California Supreme Court Repudiates Common Law Release Rule.
Guardian ad litem settled with a pediatrician for $1 million for baby’s irreversible brain damage. At trial, a jury found the pediatrician 55 percent at fault, the hospital 40 percent at fault and the parents 5 percent at fault. The hospital appealed, contending that under the common law “release rule,” the settlement with the pediatrician […]
Unsettled Issue Provided Justification For Opposing A Motion; Sanctions Against Client And Lawyer Reversed.
A deponent’s wife was sued for allegedly causing severe personal injuries when she struck a woman on a bicycle while she was driving her car. In separate criminal proceedings, the deponent’s wife pled guilty to felony driving under the influence of prescription medications. At the deposition, the deponent was asked certain questions which raised a […]
No Loss Of Consortium Claim Under Labor Code §4558.
Where an employee is injured in the course and scope of his or her employment, workers’ compensation is generally the exclusive remedy of the employee and his or her dependents against the employer. (Labor Code §§ 3600(a), 3602). Labor Code §4558 authorizes an injured worker to bring a civil action for tort damages against his […]
Hoist By Its Own Petard.
In an underlying suit, a worker sued a crane company for work-related injuries. The crane company cross-complained against the worker’s employer, seeking indemnity. There had been a form contract between the crane company and the employer which specified that Pennsylvania law would be followed. The trial court found the indemnity agreement was inapplicable to the […]
Question Of Fact Regarding Slip & Fall On Spill In Store.
Plaintiff slipped and fell on jewelry cleaning solution in a jewelry store. The Trial court granted summary judgment because the store did not have actual or constructive notice of the spill. Appellate court reversed, noting “the reasonable inference to be drawn . . . is that one of defendant’s employees caused the cleaning fluid to […]
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