While riding his bicycle, a defendant in a criminal matter collided with a pedestrian, seriously injuring her. The district attorney charged him with recklessly driving a “vehicle” under Vehicle Code section 23103. One section of the code, however, defines “vehicle” in a way that excludes bicycles. (Veh.Code § 670.) Another section of the code subjects […]
Personal Injury Practice Is Quite Complicated Indeed.
A plaintiffs’ law firm filed a personal injury accident in court against a defendant who allegedly caused a vehicle collision. The defendant driver had $100,000 in liability coverage. The injured plaintiff’s employer’s workers’ compensation carrier filed a complaint in intervention, contending the benefits it paid exceeded $100,000, and asserted a right to reimbursement. When the […]
Passage Of Time Not Enough To Demonstrate Constructive Notice Of A Dangerous Condition Of Public Property.
After a man tripped and fell on the protruding base of a post on public property, he filed an action against a city. The trial court granted summary judgment in favor of the city after finding the city lacked constructive notice of a dangerous condition. On appeal, plaintiff contended that based solely on the length […]
No Common Law Duty For Businesses To Have Defibrillators Available.
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 that it owed to business customers by failing to have on hand within […]
Action Against Social Host Parents For Wrongful Death Of 17-Year-Old Sleepover Guest.
After the parents of a 16-year-old went to bed, a 17-year-old sleepover guest obtained vodka from the parents’ bar and consumed 15 shots. She vomited and passed out. The 16-year-old propped her friend’s head against the toilet, closed the bathroom door and went to bed. The girl was pronounced dead the next day. The decedent’s […]
New Trial Because Court Permitted Irrelevant Evidence Of Decedent’s Marijuana Use.
A man was standing near his car after a freeway accident when he was struck and killed by a police car. The trial court concluded evidence of the decedent’s marijuana use was relevant to assess any fault attributable to him in his minor daughter’s wrongful death case. A jury apportioned fault of 14 percent against […]
Component Parts Doctrine Found Inapplicable.
Defendant company supplies sand for sandblasting to plaintiff’s employer. Plaintiff brought an action against defendant, alleging injury resulting from airborne toxins. Under the component parts doctrine, which states the manufacturer of a component part is not liable for injuries caused by the finished product, the trial court granted summary judgment in favor of defendant. The […]
Different Result In Similar Asbestos Case Decided A Few Weeks Later.
A case involving similar allegations was decided a few weeks later, this time with a different result. In the second case, it was the worker’s wife who was exposed to asbestos which adhered to her husband’s clothing when he worked for a railway during the 1970s. She sued on a theory of premises liability, contending […]
Claim Of Equitable Tolling Of Statute Of Limitations While Plaintiff Pursued Her Work Comp Case.
Plaintiff fell from an outdoor balcony at the offices of her employer. Immediately she began receiving workers’ compensation benefits and later filed a claim with the Workers’ Compensation Appeals Board seeking additional benefits. More than two years after the fall, she filed a superior court action for premises liability against the building owners. She alleged […]
Sexual Assault From The Halls Of Montezuma To A Class At Middle School
Two months before the United States Marine Corps assigned a Marine to speak at a middle school on Career Day, the Marine had been court-martialed for the sexual assault of three female members of the Corps. The result of the court-martial was that he was retained in the Corps and assigned to recruitment detail awaiting […]
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