In a jury trial, a jury awarded $1,050,000 in compensatory damages and $3,000,000 in punitive damages against an electric company and in favor of plaintiff on her claims for IIED, negligence and nuisance, based upon her contentions the company failed to control its electrical substation next door to plaintiff’s house. She said the company allowed […]
Trial Court Erred In Excluding Expert Opinion Testimony.
An excess insurance carrier covering Costco sued a tire manufacturer and its insurance carrier to recover sums the excess carrier expended in settlement of a personal injury claim resulting from tire defects. Both Costco and the tire manufacturer settled with the plaintiff in the underlying case. In a motion in limine in the present case, […]
Summary Judgment Reversed.
Plaintiff lived in a State-owned rental unit on the grounds of San Quentin prison, and he walked from his residence to the prison building where he worked. One day, a concrete step on a staircase collapsed underneath him and he suffered injuries in a fall. He filed a lawsuit and the trial court granted the […]
The Fall Of The Musician.
A professional musician who was injured after he fell from a stage at a country club brought an action against the club for negligence. The stage, owned by the club and put together by the club on the day of the performance, consisted of four rows, known as risers, each approximately two feet high and […]
Release Enforced.
As her parents watched, a 17-year-old died when the horse she was riding in a competition stumbled, threw her off and then fell on top of her. A release, signed by the rider and the rider’s mother, states they all agreed to hold the trainer/coach “completely harmless and not liable and release [Trainer] from all […]
Duty Of A Restaurant To Assist Patrons Exit Parking Lot.
The median of a highway in front of a restaurant had temporary traffic dividers. A man operating a motorcycle collided with a restaurant patron exiting the restaurant parking lot. Not realizing only a right turn was possible, the patron at first attempted a left turn and the motorcyclist collided with the patron. Plaintiffs are the […]
Wrongful Termination “Tameny” Claim.
An employee of a private university reported numerous instances of misconduct committed by her immediate supervisor and was fired. In her action for wrongful termination in violation of public policy, the university argued the illegal conduct the employee reported involved an injury only to the pecuniary interests of the university, and not to the public […]
$18 Million Punitive Damages Award Upheld.
A jury awarded $30 million in compensatory damages and $18 million in punitive damages against Union Carbide in an asbestos/mesothelioma case. The trial court issued a remittitur, reducing the compensatory damages to $6 million, which plaintiffs accepted. But the trial court declined to reduce the punitive damages. The appellate court concluded the evidence was sufficient […]
“The Remedy Is Worse Than The Transvaginal Disease.” Francis Bacon.
Pelvic organ prolapse occurs when a woman has weak vaginal walls that allow adjoining organs, the uterus, the bladder, and/or the rectum, to drop into the vaginal canal. This condition can cause organ dysfunction, such as incontinence, pelvic pressure and pain. Pelvic organ prolapse can significantly impact a woman’s quality of life and, in severe […]
Read The Policy.
The intoxicated driver who caused the accident which killed a man had insurance coverage of $15,000. The intoxicated driver’s employer had $250,000 coverage. The decedent’s widow collected that $265,000 in a settlement. Thereafter, the widow sought to collect $100,000 in underinsured motorist coverage under a motorcycle insurance policy issued to the decedent and the widow. […]
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