A matter came to the appellate court several months ago, and the opinion reversed the trial court’s grant of a nonsuit against one plaintiff and also reversed the judgment “in all other respects.” Afterward, one of the parties began executing on another party to collect on the underlying order for costs. In the current appeal, […]
“Electricity Is Just Organized Lightening.” — George Carlin.
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 […]
Judgment In Personal Injury Case Reversed After Trial Judge Told Jury Plaintiff Was An Undocumented Immigrant.
In a lawsuit involving a rare lung disease allegedly caused by a toxic workplace substance, one of the elements of damages was the cost of a future lung transplant. In a motion in limine, the plaintiff sought an order prohibiting the defense from mentioning he was an undocumented immigrant. The defense argued that since plaintiff might […]
Motion For New Trial Procedure Muddier Than Ever.
After turning down defendant’s offer pursuant to Code of Civil Procedure section 998 of $200,000, a jury awarded $73,450 to plaintiff while assessing 40 percent fault to plaintiff. Plaintiff was then left with a total of $44,070. The court entered judgment on the jury’s verdict, but the clerk did not serve notice of entry of […]
New Trial Ordered In Negligence Case.
Plaintiff, who is a doctor himself, suffered a strike while driving home from the hospital. A police officer at the scene did not immediately call an ambulance because she deduced from his slurred speech, disorientation and vomiting, that he was intoxicated, and, after a struggle, placed him in handcuffs. An ambulance arrived and left. A […]
Errors All Over The Place, Particularly In Grant Of Motions In Limine As Substitutes For Statutory Motions.
In an insurance coverage dispute, the trial court granted defendant’s motions in limine as substitutes for statutory motion of summary adjudication under Code of Civil Procedure section 437c, on the issue of the duty to defend, and on the statutory motion of nonsuit under Code of Civil Procedure section 581c, with regard to offset after […]
Evidentiary Errors And Attorney Misconduct During Trial Result In Reversal Of $1.2 Million Verdict.
During a test drive of a brand new BMW, the prospective purchaser, the defendant here, crashed and totaled the car and injured the salesman, the plaintiff. A jury awarded plaintiff $1.2 million. Citing evidentiary errors and attorney misconduct, the defendant appealed. The appellate court reversed. One of the evidentiary errors found was that the trial […]
Defendant Waived Arbitration By Propounding Discovery.
In a wage and hour case filed as a class action, instead of petitioning for arbitration outright, the employer defendant answered the complaint, asserting the plaintiff’s claims were subject to arbitration. The defendant proceeded to both respond to plaintiff’s discovery and propound discovery of its own. The parties then agreed to stay discovery for the […]
Importance Of Voir Dire.
Federal Rules of Evidence, rule 606(b)(1) states that, “a juror may not testify about any statement made or incident that occurred during the jury’s deliberations,” and subdivision (b)(2)(A) states there is an exception in that a juror may testify whether extraneous prejudicial information was improperly brought to the jury’s attention. In this negligence case, the […]
“Any Fool Can Make A Rule, And Any Fool Will Mind It.” Henry David Thoreau.
The parties involved with a foreclosure sale stipulated to the appointment of a temporary judge. Had California Rules of Court [CRC], rule 2.400 (b)(2) been followed by the parties, the result here would likely have been different. That rule requires that a temporary judge or referee must not accept or consider any copy of a […]
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