In an Arizona sexual harassment case, a woman worked for a large mining and refining company. Her supervisor refused to train or help her when she refused his romantic overtures. He is six feet, two inches and weighs 350 pounds and would stand very close to her; she was afraid he would rape her. She complained […]
California Highway Patrol Not A Special Employer Of Freeway Tow Truck Driver.
A tow truck driver who contracted with a county, part of the California Highway Patrol Freeway Service Patrol [FSP program], collided with a car, injuring the driver and her infant son. The CHP moved for summary judgment in the subsequent lawsuit on the ground it was not the tow truck driver’s special employer and therefore not […]
Insurance Company Would Not Reveal Policy Limits.
Plaintiff lost his leg in an automobile accident. In his action against defendant, he asked defendant’s insurer for the amount of the policy limits on three separate occasions. When the insurance company did not respond to the queries, plaintiff made an offer pursuant to Code of Civil Procedure section 998, to settle in the amount of […]
For Injuries Caused By Diseased Tree On Public Property, No Liability Against County.
Plaintiff was in a county-owned paved parking lot along the Sacramento River when a cottonwood tree fell on him, resulting in injuries. He brought an action for dangerous condition of public property and the trial court granted summary judgment based upon Government Code section 831.2. The appellate court affirmed, stating, “we conclude that [plaintiff’s] injuries were […]
No Respondeat Superior.
An employee was employed by defendant as a directional driller. He had the option of using his personal vehicle or being assigned a company truck and chose the latter. According to defendant, at the time the truck was assigned, his supervisor told him he could use the company vehicle to get to work and back and […]
Watch Out For That….Ugh….Immunity.
A deputy sheriff pulled over a motorist for a traffic violation. As part of the traffic stop, the officer opened his driver side door to exit his police vehicle. As he opened his door, a motorcyclist, who had seen the patrol car’s overhead lights two or three blocks earlier, collided with the door of the patrol car. Under […]
Within The Scope Of Employment Includes Planned Stops For Frozen Yogurt And A Yoga Class.
An employee of an insurance broker was required to use her personal vehicle to visit prospective clients, make presentations, provide educational seminars, follow leads, and transport company materials. On the day of an accident, at the end of the workday, she decided she would stop for some frozen yogurt and take a yoga class. As she […]
Let’s Split This? No, You Pay For The Underinsured Motorist Who Caused The Collision.
A man was injured in an auto accident and settled with the underinsured motorist who caused the collision. The injured man then claimed $62,500 in loss under the uninsured motorist coverage in both of the two policies that covered himself. One insurance company relies on Insurance Code section 11580.2, subdivision (c)(2), to argue it owes nothing […]
The Doctrine Of Respondeat Superior: Is This The End Of Company Christmas Parties???
An employee consumed alcoholic beverages at an employer hosted party and became intoxicated. The employee arrived home safely, but then left to drive a coworker home. During that drive, the employee struck another car, killing its driver. The trial court granted summary judgment for the employer on the ground the employer’s potential liability under the doctrine […]
No Qualified Immunity For Deputies Who Shot Terminally Ill Man.
In the early morning, a wife observed her terminally ill husband, who was suffering from brain cancer, go to his truck, retrieve his gun and load it with ammunition. She called 911, but he told her to hang up and she did. Police nevertheless responded, and the wife explained the situation. The husband came into view […]
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