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Grotheer v. Escape Adventures Inc.
Summary judgment properly granted in favor of balloon tour company and pilot, albeit on different ground, absolving them of liability for injuries from crash landing. 		Torts 4DCA/2 Sep. 5, 2017
Major v. R.J. Reynolds Tobacco Co.
Cigarette manufacturer cannot escape liability for smoker’s death from lung cancer by arguing federal preemption, which must be rejected for lack of evidentiary support. 		Torts 2DCA/8 Sep. 1, 2017
Mahan v. Charles W. Chan Insurance Agency Inc.
On rehearing, elderly couple may proceed with financial elder abuse and related claims against insurance advisors that allegedly took advantage of their cognitive issues. 		Torts 1DCA/4 Aug. 28, 2017
Jacobs v. Coldwell Banker Residential Brokerage Co.
Seller defeats potential buyer’s negligence claim on summary judgment where plaintiff failed to properly plead additional theory of liability. 		Torts 2DCA/6 Aug. 15, 2017
Taylor v. Trimble
Host not liable for drowning death of child guest where, although host initially assumed supervision of child, child’s grandfather thereafter assumed responsibility and did not relinquish it. 		Torts California Courts of Appeal Jul. 28, 2017
David v. Hernandez
Truck driver fails to overturn judgment stemming from PCH crash by challenging evidentiary ruling and jury’s damages award for crash victim’s future shoulder surgeries. 		Torts California Courts of Appeal Jul. 26, 2017
Demara v. The Raymond Corp.
Trial court’s erroneous summary judgment ruling overturned, allowing warehouse employee injured by special order forklift to pursue products liability claim against manufacturer. 		Torts California Courts of Appeal Jul. 20, 2017
Swigart v. Bruno
Primary assumption of risk bars experienced horseback rider’s claims against fellow rider for injuries suffered during an organized endurance riding event. 		Torts California Courts of Appeal Jul. 18, 2017
Petitpas v. Ford Motor Co.
Plaintiffs unsuccessful in challenging defense verdicts and rulings in case alleging mesothelioma resulting from asbestos exposure. 		Torts California Courts of Appeal Jul. 7, 2017
Trejo v. Johnson & Johnson
Ibuprofen manufacturer wins new trial due to jury’s inconsistent verdicts on negligent failure to warn and strict liability failure to warn. 		Torts California Courts of Appeal Jul. 3, 2017
Van Audenhove v. Perry
On question of first impression, arrest without any formal charges will not support claim for malicious prosecution. 		Torts Jun. 14, 2017
Brenner v. Universal Health Services of Rancho Springs Inc.
Summary adjudication of statutory retaliation claim in favor of doctor and hospital upheld where wife lacked standing to assert action regarding late husband's care. 		Torts Jun. 8, 2017
Gillotti v. Stewart
In construction defect lawsuit brought under Right to Repair Act, homeowner fails to overturn favorable judgment against grading subcontractor for tree damage. 		Torts May 22, 2017
Van Audenhove v. Perry
On question of first impression, arrest without any formal charges will not support claim for malicious prosecution. 		Torts May 22, 2017
Applied Medical Corp. v. Thomas
In dispute over company's repurchase of former board of director's stock, summary judgment against company partially reversed, where court errs in determining conversion claim fails. 		Torts May 12, 2017
Cuevas v. Contra Costa County
In medical malpractice action, refusal to allow evidence of plaintiff's future health benefits results in new trial on amount of his future medical damages. 		Torts May 1, 2017
Tepper v. Wilkins
Demurrer properly sustained without leave to amend, where plaintiff lacks standing to bring elder abuse action against her siblings on behalf of their mother. 		Torts Apr. 21, 2017
Sumrall v. Modern Alloys, Inc.
Where employer requires employees to first arrive at stockyard to fetch materials before beginning paid workday at jobsite, commute to stockyard may be deemed 'special errand' exception to 'going and coming' rule. 		Torts Apr. 20, 2017
Applied Medical Corp. v. Thomas
In dispute over company's repurchase of former board of director's stock, summary judgment against company partially reversed, where court errs in determining conversion claim fails. 		Torts Apr. 14, 2017
Sumrall v. Modern Alloys, Inc.
Where employer requires employees to first arrive at stockyard to fetch materials before beginning paid workday at jobsite, commute to stockyard may be deemed 'special errand' exception to 'going and coming' rule. 		Torts Apr. 14, 2017
S.H. v. United States
'Foreign country' exception to Federal Tort Claims Act bars action filed by family for injuries suffered by their child resulting from premature birth in Spain. 		Torts Apr. 11, 2017
Oltmans Construction Co. v. Bayside Interiors Inc.
Despite its active negligence, general contractor may be entitled to indemnification from subcontractor for portion of liability attributable to sub-subcontractor. 		Torts Apr. 3, 2017
Doe v. United States Youth Soccer Association Inc.
Youth's negligence claim against soccer associations stemming from sexual abuse by her former soccer coach improperly dismissed where special relationship existed to establish 'duty.' 		Torts Mar. 17, 2017
Jarman v. HCR ManorCare
Jury's finding of malice, oppression and fraud erroneously stricken, rendering nursing facility liable for punitive damages in connection with 382 statutory violations of patient's rights. 		Torts Mar. 16, 2017
Johnson v. ArvinMeritor
In action alleging asbestos exposure, summary judgment properly granted due to plaintiff's failure to produce evidence supporting inference of probability of asbestos exposure from defendants' products. 		Torts Mar. 3, 2017
Lemke v. Sutter Roseville Medical Center
Summary judgment affirmed, where employer's statements made about employee to nursing board absolutely privileged, thus barring defamation claim. 		Torts Mar. 1, 2017
Doe v. United States Youth Soccer Association Inc.
Youth's negligence claim against soccer associations stemming from sexual abuse by her former soccer coach improperly dismissed where special relationship existed to establish 'duty.' 		Torts Feb. 24, 2017
Lynn v. Tatitlek Support Services Inc.
Contractor not liable under 'coming and going' rule for fatal accident caused by employee on commute home where employee had option to take bus service. 		Torts Feb. 24, 2017
Secci v. United Independent Taxi Drivers Inc.
Controls imposed by public regulations may be considered in finding agency relationship between taxi company and its drivers, supporting jury verdict on agency theory. 		Torts Feb. 17, 2017
Roy Allan Slurry Seal Inc. v. American Asphalt South Inc.
Disappointed bidder cannot maintain wrongful interference with public contract claim because bid submission does not create contractual relationship between it and public entities. 		Torts Feb. 17, 2017
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