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Hawkins v. Wilton
Where moving party did not negate theory of respondeat superior liability, summary judgment was improperly granted. 		Torts Mar. 29, 2007
Barrett v. Rosenthal
In defamation case, defendant prevails where Internet service providers or users cannot be sued as 'distributors.' 		Torts Mar. 29, 2007
Daugherty v. American Honda Motor Co. Inc.
Car manufacturer was not responsible for latent defects discovered outside term of warranty, thus no breach of express warranty occurred. 		Torts Mar. 28, 2007
Fields v. Yusuf
Where surgeon was found not negligent for sponge left inside patient, court improperly refused to instruct jury on legal doctrines. 		Torts Mar. 28, 2007
CRST Van Expedited Inc. v. Werner Enterprises Inc.
Dismissal of complaint is not proper where plaintiff adequately alleged that competitor intentionally interfered with its employment contracts. 		Torts Mar. 23, 2007
County of San Bernardino v. Calderon
Medical services lien under Hospital Lien Act arises upon giving of notice, and does not take priority over other liens created before it. 		Torts Mar. 23, 2007
Nelson v. Superior Court (Exxon Mobil Corp.)
Bystander injured by foreseeable use of product may pursue strict liability action against product's manufacturer. 		Torts Mar. 21, 2007
Prince v. Pacific Gas & Electric Co.
Electric company's statutory immunity from suit by injured plaintiff did not preclude property owner from filing cross-complaint for implied contractual immunity. 		Torts Mar. 21, 2007
City of Santa Barbara v. Superior Court (Janeway)
Exculpatory clause releasing city from liability for maintenance of recreational facility does not extend to claim of gross negligence. 		Torts Mar. 21, 2007
Kirby v. Sega of America Inc.
First Amendment affords complete defense to celebrity's claims that video game distributors misappropriated her likeness. 		Torts Mar. 21, 2007
Sababin v. Superior Court (Covina Rehabilitation Center)
Where woman died due to infection to skin ulcer, triable issues exist as to whether rehabilitation center employees were guilty of neglect. 		Torts Mar. 20, 2007
California Housing Finance Agency v. Hanover/California Managment and Accounting Center Inc.
Public housing agency prevails in fraud suit against outside counsel who participated in insurance scheme. 		Torts Mar. 19, 2007
McConnell v. United States
'Feres' doctrine prohibits civil suit against government for death of plaintiffs' son in waterskiing accident. 		Torts Mar. 16, 2007
Philip Morris USA v. Williams
Philip Morris properly argues that jury should have been instructed not to punish it for injury inflicted on nonparties to negligence lawsuit. 		Torts Mar. 14, 2007
Hahn v. Mirda
Where wife's complaint adequately pleaded causes of action for negligence and fraudulent concealment, husband's cause of action for loss of consortium can stand. 		Torts Mar. 7, 2007
San Diego Gas & Electric Co. v. Superior Court (Harris)
Court erroneously allows amendment adding omitted heir to wrongful death action where relation-back doctrine does not apply. 		Torts Mar. 7, 2007
O'Neill v. Novartis Consumer Health Inc.
'People v. Kelly' standard for admission of new scientific methods is inapplicable when only professionalism of method's application is challenged, not methodology itself. 		Torts Mar. 7, 2007
Munoz v. City of Union City
If jury allocates liability to non-liable entity, ratio of liability set by jury will be preserved when fault is reallocated among remaining parties. 		Torts Mar. 7, 2007
Grisham v. Philip Morris U.S.A. Inc.
Unfair competition claim against Philip Morris U.S.A. Inc. is barred where plaintiff admits knowledge of cigarette addiction long before filing of complaint. 		Torts Feb. 16, 2007
Pugliese v. Superior Court (Pugliese)
Victim may recover damages for all acts of domestic violence during her marriage if she establishes continuous abuse and timely files suit. 		Torts Feb. 16, 2007
Towns v. Davidson
Doctrine of primary assumption of risk precluded injured skier from recovering damages for injuries caused by ski resort employee. 		Torts Feb. 7, 2007
May v. Nine Plus Properties Inc.
Where thief injured officer with stolen vehicle, car storage lot owner is not liable even though keys were left in vehicle. 		Torts Feb. 6, 2007
Hemady v. Long Beach Unified School District
Where student was injured during golf class, prudent person standard applied to determine school district's and coach's potential liability. 		Torts Feb. 6, 2007
Chee v. Amanda Goldt Property Management
Where resident was injured by neighbor's dog, property owner prevails because he did not know of animal's dangerous propensities. 		Torts Feb. 5, 2007
San Diego Gas & Electric Co. v. Superior Court (Harris)
Court erroneously allows amendment adding omitted heir to wrongful death action where relation-back doctrine does not apply. 		Torts Jan. 31, 2007
Bostick v. Flex Equipment Co. Inc.
In strict products liability case covering single defective product, Prop. 51 is inapplicable where defendants are part of same chain of distribution. 		Torts Jan. 31, 2007
Garcia v. Superior Court (Weinberger)
Vehicle Code requires that in motor vehicle accident, vehicle be 'on' any street or highway. 		Torts Jan. 29, 2007
Mukthar v. Latin American Security Service
Under negligent undertaking doctrine, question of fact exists as to whether security company is liable for cashier's injuries. 		Torts Jan. 29, 2007
Hernandez v. Hillsides Inc.
Employees did not need to establish that they were recorded by hidden camera to succeed on invasion of privacy claim. 		Torts Jan. 10, 2007
Stop Loss Insurance Brokers Inc. v. Brown & Toland Medical Group
Negligent omission to perform contractual obligation, that is not omission of legal duty as well, will not support claim for equitable indemnity. 		Torts Dec. 15, 2006
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