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Chadd v. United States of America, National Park Service
Discretionary function exception applies to National Park Service's decision to use non-lethal methods to manage goat who killed visitor, thus barring tort suit.
Torts Jul. 27, 2015
Navarrete v. Meyer
Passenger may be liable for encouraging driver to race through dips, causing car to go airborne and fatally strike father.
Torts Jul. 22, 2015
Bermudez v. Ciolek
Medical damages award to uninsured bystander must be reduced where award is based on amount incurred rather than reasonable value of past services.
Torts Jul. 21, 2015
Z.V. v. County of Riverside
Foster child assaulted by social worker cannot hold Riverside County liable for assault because it occurred outside scope of social worker's duties.
Torts Jul. 19, 2015
Sherman v. Hennessy Industries Inc.
Exception to rule barring liability for harm caused by another's product applies where manufacturer's asbestos-releasing machine contributes substantially to the harm.
Torts Jul. 9, 2015
Chavez v. 24 Hour Fitness
Summary judgment on gross negligence claim against gym reversed, as potentially spotty record-keeping provides basis for triable issue of fact.
Torts Jul. 8, 2015
CHMM LLC v. Freeman Marine Equipment Inc.
Yacht owner may proceed with its tort claims against door manufacturer for alleged damages caused to yacht's interior.
Torts Jun. 29, 2015
Addington v. US Airline Pilots Association
Pilots entitled to injunctive relief where union did not have a legitimate purpose for abandoning arbitration award.
Torts Jun. 28, 2015
Bermudez v. Ciolek
Medical damages award to uninsured bystander must be reduced where award is based on amount incurred rather than reasonable value of past services.
Torts Jun. 23, 2015
Navarrete v. Meyer
Passenger may be liable for encouraging driver to race through dips, causing car to go airborne and fatally strike father.
Torts Jun. 22, 2015
Sherman v. Hennessy Industries Inc.
Exception to rule barring liability for harm caused by another's product applies where manufacturer's asbestos-releasing machine contributes substantially to the harm.
Torts Jun. 18, 2015
Pavoni v. Chrysler Group LLC
Chrysler may be liable for elderly couple's death caused by alleged 'false park' design defect in Chrysler vehicles.
Torts Jun. 17, 2015
Doe v. Nestle USA Inc.
Former child slaves who were forced to harvest cocoa in Ivory Coast may sue corporations for aiding and abetting child slavery by assisting Ivorian farmers.
Torts Jun. 10, 2015
Chan v. Curran
Plaintiff who prevailed in medical malpractice action fails to convince judiciary to apply 'changed circumstances' analysis to MICRA's $250,000 cap on noneconomic damages.
Torts Jun. 9, 2015
Jimenez v. 24 Hour Fitness USA
General presumption that fact-intensive gross negligence claims should proceed to a jury, especially where some deviation from 'industry standard' can be shown.
Torts Jun. 9, 2015
Whitlow v. Rideout Memorial Hospital
Hospital not entitled to summary judgment where triable issue of fact remains regarding ostensible agency.
Torts Jun. 9, 2015
State Dept. of State Hospitals v. Superior Court
Department of Mental Health has a duty under the Sexually Violent Predators Act but plaintiff cannot establish its alleged breach caused her sister's death.
Torts Jun. 1, 2015
Doe v. Superior Court
Duty to prevent harm and duty to disclose are not discrete but rather part of the general duty to act reasonably in fraud by concealment action.
Torts May 31, 2015
Cypress Semiconductor Corp. v. Maxim Integrated Products Inc.
Award of attorney fees to prevailing party is proper where plaintiff's claims of misappropriation of trade secrets were made in bad faith.
Torts Apr. 29, 2015
Pouzbaris v. Prime Healthcare Services
Patient’s injury from falling on mopped floor in hospital was caused by ordinary negligence and not professional negligence; two year statute of limitation applies.
Torts Apr. 23, 2015
United States v. Wong
Deadlines for filing claims under Federal Tort Claims Act are subject to equitable tolling.
Torts Apr. 22, 2015
Conti v. Watchtower Bible & Tract Society of New York Inc.
Church has no duty to warn about member who was a child molester but does have duty to prevent molestation during church-sponsored activities.
Torts Apr. 14, 2015
Keys v. Alta Bates Summit
Substantial evidence present to uphold negligent infliction of emotional distress claim when plaintiffs were aware of injury caused by hospital’s inadequate treatment.
Torts Mar. 26, 2015
Bean v. Pacific Coast Elevator Corp.
In personal injury lawsuits, courts may not award prejudgment interest on costs.
Torts Mar. 10, 2015
State of California ex rel. Dept. of the California Highway Patrol v. Superior Court (Alvarado)
CHP may be liable to woman struck by tow truck driver patrolling highway under Freeway Service Patrol Program.
Torts Feb. 26, 2015
Grebing v. 24 Hour Fitness
Malfunctioning clip at fitness center does not amount to ‘gross’ negligence.
Torts Feb. 22, 2015
Roy Allan Slurry Seal Inc. v. American Asphalt South Inc.
Second-place bidder on public works contract may sue winning bidder, who allegedly underpaid workers, for intentional interference with prospective economic advantage.
Torts Feb. 22, 2015
Uriell v. Regents of UC
Oncology expert’s opinion, based both on late patient’s family history and his own experience, properly admitted in wrongful death suit.
Torts Feb. 22, 2015
Wilson v. Southern Cal. Edison Co.
SoCal Edison successfully overturns multi-million dollar awarded to homeowner who experienced low-level electric shocks around her house.
Torts Feb. 10, 2015
Wright v. State of California
Correctional officer living on prison grounds perhaps not acting in course of employment when injured walking to work.
Torts Feb. 3, 2015