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 […]
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 […]
Abuse Of Discretion To Deny Plaintiffs Leave To Amend.
In another asbestos case against the same manufacturer, defendant contended the Court of Appeal could not consider the proposed amendments to the complaint because the pleading was not timely presented below. The appellate court did not buy the argument, stating the proposed pleading states causes of action for strict liability and negligence and that “a […]
Don’t Delay Discovery.
Two patients were involuntarily held in a county mental institution. The female patient alleges the male patient sexually assaulted her. An investigation revealed the locking mechanism on her door was faulty, enabling the door to simply be pulled open. Plaintiff wanted to reopen discovery after defendants produced evidence the doctors and nurses had no knowledge […]
Punitive Damages Award Upheld.
A jury calculated economic damages at $1.47 million which included medical expenses, lost earnings, lost retirement benefits and the value of household services, and noneconomic damages for pain, suffering, emotional distress and loss of a spouse’s consortium at $2.5 million. By the time of the separate trial for punitive damages, all but one defendant had […]
- « Previous Page
- 1
- …
- 16
- 17
- 18