A Cadillac involved in an accident, which resulted in severe injuries to a plaintiff, was insured under two different policies and under two different named insureds. When plaintiff’s lawyer made a demand, it was against a person who was not in the car and under the wrong policy, a policy which had been canceled six […]
Danger In Fun: Assumption Of The Risk.
Prior to plaintiff’s participation in a kickboxing class at defendant’s sports club, she signed a one-page agreement which advised that use of the facility naturally involves a risk of injury which she understands and voluntarily accepts. Thereafter, while performing a roundhouse kick, after being instructed on technique, plaintiff injured her knee. In opposition to defendant’s […]
It Doesn’t Get Much Sadder Than This.
A mom, dad and their three children checked into a tennis club hotel for their vacation to celebrate the sixth birthday of the family’s twin boys. They requested a room on the first floor; when none were available, they checked into a room on the second floor. Mom was looking through brochures to plan the […]
Failure To Warn.
When a teenage girl and her older sister, wearing only their two-piece bathing suits, boarded a personal watercraft [PWC], they were given no instructions of any kind, safety or otherwise. Printed on a label located under the handlebars on the console of the PWC was: “WARNING. . . severe injuries to body cavities can occur […]
Previously We Reported: No Common Law Duty For Businesses To Have Defibrillators Available.
A woman suffered a cardiac arrest while shopping at Target. Paramedics took several minutes to arrive and then maneuver through the store, and were unable to revive the woman. The woman’s family filed an action in state court, and Target removed it to federal court. The suit contends that Target breached the duty of care […]
$18 Million Punitive Damages Award Affirmed On Appeal.
In an asbestos case, wherein a worker developed mesothelioma, and his wife suffered a loss of consortium, a jury awarded $30 million in compensatory damages, after finding defendant 65 percent at fault, and awarded $18 million in punitive damages. The plaintiffs accepted the trial court’s remittitur with regard to reducing the compensatory damages to $6 […]
Federal Court’s Resolution Of Mesothelioma Case Wrong Under California Law.
Plaintiff worked for decades in Navy shipyards. He died from mesothelioma six months after he sued 17 asbestos manufacturers in a California state court. His children were substituted as plaintiffs in a survivor action. The children brought another action against six more defendants in a federal court in California. That federal action was transferred to […]
No Clarification Needed For A Jury To Understand A Word That Is Readily Understood And Not Used In A Technical Sense.
A police officer on a motorcycle was killed when a man was exiting his employer’s driveway onto a highway at the end of the work day. The officer’s family brought a wrongful death suit against the employer, contending the employee was within the course and scope of his employment at the time of the collision. […]
Statute Of Limitations For In Utero Exposure To Toxics.
Plaintiff was born with a birth defect affecting the structure of her brain. She alleges in her action against her mother’s former employer that her injuries were caused by her mother’s exposure and her in utero exposure to hazardous and toxic chemicals at her mother’s workplace more than 20 years earlier. The suit was filed […]
Insurance Is Like Marriage. You Pay, Pay, Pay, And You Never Get Anything Back. — Al Bundy.
After a passenger in the insured’s car obtained a $333,300 judgment against the insured, the insurance company filed an action seeking a declaration it had no obligation due to the policy’s “resident exclusion,” which stated there was no coverage for bodily injury to anyone inhabiting the same dwelling as the insured. The trial court granted […]
- « Previous Page
- 1
- 2
- 3
- 4
- 5
- 6
- …
- 18
- Next Page »