Plaintiff developed mesothelioma after being exposed to asbestos from brake and clutch repairs while operating services stations for 40 years. He brought an action against multiple defendants, alleging several causes of action. The matter proceeded to trial against Ford Motor Company only. A jury rendered a plaintiff’s verdict on negligence and product liability claims, and […]
Two Issues: Substantial Factor Analysis In Product Case And Whether There Should Be A Setoff Due To Potential For Future Settlements.
Plaintiffs’ decedent died from mesothelioma caused by asbestos exposure. After trial, a jury found defendant was ten percent (10%) responsible for plaintiffs’ damages. On appeal, defendant argued: (1) plaintiffs failed to introduce expert testimony that defendant’s asbestos alone (as opposed to acting in combination with others’ asbestos) constituted a substantial factor in the development of […]
Component Parts Doctrine.
In the underlying action, plaintiffs, husband and wife, asserted claims against defendants for injuries to husband allegedly resulting from his decades-long work as a mold maker and machine operator at a foundry. While employed, the husband worked with and around metals, plaster and minerals supplied by defendants. Plaintiffs’ complaint for negligence, negligence per se, strict liability, […]
Apportionment Of Fault In Product Liability Trial.
A vehicle traveling at a high rate of speed slammed into a line of vehicles stopped at an intersection, thus propelling a vehicle into the back of plaintiff’s Nissan Frontier pickup truck. The force of the collision caused plaintiff’s seatback to collapse and plaintiff to slide up the seat. Plaintiff’s head struck her vehicle’s back […]
Trial Court Has Subject Matter Jurisdiction.
Plaintiffs are the heirs of a man who was electrocuted while trimming trees. Defendants are a tree inspection company and a utility. The trial court granted the defendants’ motion to dismiss “because this court lacks subject matter jurisdiction under Public Utilities Code section 1759.” The appellate court reversed, stating: “We hold only that the superior […]
Because Court Rejected Proposed Special Verdict Form Judgment In Jury Trial Reversed.
Defendant in an automobile accident case submitted a special verdict form that would have required the jury to consider the fault of both parties, as well as a non-party, for purposes of allocating liability for plaintiff’s noneconomic damages. According to plaintiff, she was a passenger in the back seat of a car stopped at a […]
No Civil Enforcement Of Workplace Safety By Prosecutors Under Consumer Protection Statute.
Defendant manufactures plastic products. In 2009, a water heater exploded, killing two workers instantly. After the incident, California’s Division of Occupational Safety and Health (Cal/OSHA) opened an investigation and determined the explosion had been caused by a failed safety valve and the lack of “any other suitable safety feature on the heater” due to “manipulation […]
She Acted Outside The Course And Scope Of Her Employment? C’mon . . . How Can You Say That?
A staffing company assigned one of its employees to work as a medical assistant at a customer’s facility, and the medical assistant poisoned a coworker. According to the allegations, the medical assistant and the coworker had some sort of disagreement about how to stock supplies. Sometime later, the coworker drank from her water bottle and her […]
Factor At A Discount. Oh, What A Tangled Web We Weave.
A plaintiff was injured in a car accident and treated at first at Kaiser, and later at a surgery center on a “lien basis.” The bill for treatment at the surgery center was between $40,000 and $50,000. On the day of the surgery, the surgery center sold its account receivable and lien to a factor at […]
Food Trucks: American Cuisine On The Go.
A catering company owned a fleet of food trucks which were leased to operators who drove from site to site selling food. One truck was leased by a husband and wife. That truck was equipped with two seats, two seat belts, and specially designed, built-in equipment including a deep fryer, grill, steam table, oven, refrigerator and […]
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