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Corenbaum v. Lampkin
In hit-and-run case, full amount billed for medical care may not be used to determine damages where medical providers accepted lower amount as full payment.
Torts May 15, 2013
Corenbaum v. Lampkin
In hit-and-run case, full amount billed for medical care may not be used to determine damages where medical providers accepted lower amount as full payment.
Torts May 1, 2013
Jameson v. Desta
Inmate may pursue medical malpractice claim against treating physician for unnecessarily prescribing hepatitis drug that permanently damaged inmate’s eyesight.
Torts Apr. 30, 2013
Perry v. County of Fresno
County is not liable when its correctional officer used inmates’ information in computer system to write threatening letters as part of personal vendetta.
Torts Apr. 29, 2013
Hall v. Aurora Loan Services LLC
Real estate agent may sue owners of house after she injured herself when climbing ladder to attic because owners may have known ladder was dangerous.
Torts Apr. 29, 2013
Montenegro v. City of Bradbury
City is not liable for injuries suffered by woman after she fell over protruding tree trunk while walking along pathway used as recreational trail.
Torts Apr. 26, 2013
Hernandez v. Amcord Inc.
Wife may sue company that manufactured asbestos-containing gun plastic cement after her husband died of mesothelioma due to asbestos exposure.
Torts Apr. 19, 2013
Kiobel v. Royal Dutch Petroleum Co.
Federal courts cannot hear Nigerian nationals’ allegations that foreign oil companies cooperated with Nigerian military to suppress environmental protests.
Torts Apr. 18, 2013
Makaeff v. Trump University LLC
Trump University, which offered to teach Donald Trump’s real estate 'success secrets,' must prove malice before suing former student for defamation.
Torts Apr. 18, 2013
Webb v. Special Electric Co. Inc.
Asbestos exposure case is revived due to trial court's improper grant of judgment notwithstanding verdict after jury returned verdict in favor of plaintiff.
Torts Apr. 11, 2013
Luttrell v. Island Pacific Supermarkets Inc.
Plaintiff’s recovery for ulcer treatment is reduced based on amount of medical expenses actually paid, rather than amounts billed by health care providers.
Torts Apr. 10, 2013
Spriesterbach v. Holland
In motor vehicle negligence case, court does not need to give right-of-way instruction when jury already found defendant used reasonable care.
Torts Apr. 10, 2013
Perry v. County of Fresno
County is not liable when its correctional officer used inmates’ information in computer system to write threatening letters as part of personal vendetta.
Torts Apr. 5, 2013
Quigley v. McClellan
Veterinarian who performed prepurchase examination of competition horse is not negligent because no evidence showed other doctors would have acted differently.
Torts Apr. 1, 2013
Collins v. Navistar Inc.
Driver may sue truck manufacturer for product liability after he suffered injuries when teenager threw rock through windshield, striking him in the head.
Torts Apr. 1, 2013
Millbrook v. United States
Federal prisoner may pursue tort claims against U.S. government alleging he was sexually assaulted and verbal threatened by correctional officers while in custody.
Torts Mar. 27, 2013
Perez v. Nidek Co. Ltd.
LASIK eye surgery patient may not sue laser manufacturer solely because unapproved FDA status of device was not disclosed.
Torts Mar. 25, 2013
Wos v. E.M.A.
North Carolina may not take one-third of child’s $2.8 million recovery from medical malpractice claim as reimbursement for medical expenses paid on child’s behalf.
Torts Mar. 21, 2013
Ignat v. Yum! Brands Inc.
Employee may sue company for supervisor’s public disclosure of her bipolar disorder by word of mouth, even if disclosure was not made in writing.
Torts Mar. 20, 2013
Webb v. Special Electric Co. Inc.
Asbestos exposure case is revived due to trial court's improper grant of judgment notwithstanding verdict after jury returned verdict in favor of plaintiff.
Torts Mar. 15, 2013
Minish v. Hanuman Fellowship
Woman who fell from forklift may pursue negligence claim against property owner, which claimed she was a covered volunteer under Workers’ Compensation Act.
Torts Mar. 14, 2013
Shell Offshore Inc. v. Greenpeace Inc.
Greenpeace is prohibited from coming within specified distance of vessels involved in Shell's Arctic outer continental shelf exploration for oil.
Torts Mar. 14, 2013
City of Costa Mesa v. D'Alessio Investments LLC
City must face commercial property owner’s claims of slander after obtaining injunction against alleged prostitution and operation of medical marijuana dispensaries.
Torts Mar. 13, 2013
Gilstrap v. United Air Lines Inc.
Airplane passenger who had difficulty walking may sue airline for its alleged failure to provide her with adequate assistance while moving through airport.
Torts Mar. 13, 2013
Garrett v. Howmedica Osteonics Corp.
Metallurgist’s declaration that prosthetic device was softer than ‘minimum required hardness’ creates triable issues of fact as to whether prosthesis was defective.
Torts Mar. 7, 2013
Levin v. United States
United States must face veteran’s lawsuit alleging Navy surgeon committed medical battery during cataract surgery.
Torts Mar. 5, 2013
Flores v. Presbyterian Intercommunity Hospital
Woman injured following bed rail's collapse has two years, rather than one, to sue hospital because equipment failure does not constitute professional negligence.
Torts Feb. 28, 2013
San Francisco Unified School District ex rel. Contreras v. First Student Inc.
Company’s former employees successfully challenge injunction barring them from discussing False Claims Act action against company with current employees.
Torts Feb. 20, 2013
Greyhound Lines Inc. v. Dept. of the California Highway Patrol
California Highway Patrol is not liable for accident involving bus that hit disabled SUV despite operator's failure to include lane blockage information in accident report.
Torts Feb. 15, 2013
Bylsma v. Burger King Corp.
Customer may sue Burger King after its employees served him hamburger tainted with saliva, even if he did not suffer physical injury or consume food.
Torts Feb. 13, 2013