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Name Category Published
Plotnik v. Meihaus
Dog owner may recover damages for emotional distress in trespass to chattel claim after neighbor intentionally hit dog with baseball bat.
Torts Sep. 4, 2012
Doe v. Defendant Doe 1
Statute of limitations for sexual abuse claim is tolled where defendant paid for therapy session, but did not provide notice of when limitations period would run.
Torts Aug. 28, 2012
Leung v. Verdugo Hills Hospital
Common law 'release rule' is no longer applicable in California because of unjust result where brain damaged child would only be compensated for fraction of damages.
Torts Aug. 24, 2012
Silk v. Feldman
In defamation action, anti-SLAPP motion is properly denied where plaintiff demonstrated that accusations that she oversaw settlement for personal benefit were untrue.
Torts Aug. 15, 2012
Czajkowski v. Haskell & White LLP
Statute of limitations bars professional negligence claim against accounting firm because CEO plaintiff was able to discover suspicious facts before running of limitations period.
Torts Aug. 6, 2012
Hooper v. Lockheed Martin Corp.
Under False Claims Act, defendant may be liable for fraudulent underbidding in which bid is not what defendant actually intends to charge.
Torts Aug. 3, 2012
Chavez v. Glock Inc.
In design defect action, gun manufacturer fails to show plaintiff could not prove lack of grip safety or light trigger pull caused injury.
Torts Jul. 25, 2012
Moe v. Anderson
Victims are properly joined in lawsuit against employer because claims arose from negligent hiring and supervision of employee.
Torts Jul. 12, 2012
Rosa v. Taser International Inc.
Taser manufacturer has no duty to warn of metabolic acidosis where danger is unknown to scientific community at time of incident.
Torts Jul. 11, 2012
Mixon v. State of California
Crosswalk without traffic signal or street light does not constitute dangerous condition because public entity has no duty to provide such lighting.
Torts Jun. 25, 2012
Burton v. Sanner
In wrongful death case, expert witness' testimony that defendant's conduct was unreasonable is inadmissible because it usurped jury's role.
Torts Jun. 21, 2012
Bickel v. Sunrise Assisted Living
In elder abuse case, waiver in residency agreement of plaintiff’s statutory right to recover attorney fees and costs is contrary to public policy.
Torts Jun. 19, 2012
Campbell v. Ford Motor Co.
Employer has no duty to protect family members of employees from secondary exposure to asbestos used during course of employer’s business.
Torts Jun. 19, 2012
Leonard v. John Crane Inc.
Plaintiff has valid loss of consortium claim when latent injury that is not discoverable first becomes manifest, even though negligent conduct may have predated marriage.
Torts Jun. 14, 2012
Daniell v. Riverside Partners I L.P.
Malicious prosecution action against property owner based on unlawful detainer filed by previous owner is properly dismissed under anti-SLAPP statute.
Torts Jun. 14, 2012
Casey v. Perini Corp.
In asbestos case, plaintiff fails to establish threshold exposure to asbestos-containing products attributable to defendant because all that existed was speculation as to causation.
Torts Jun. 13, 2012
Avina v. United States
Summary judgment in favor of government on tort claims is improper because jury could find that DEA agents acted unreasonably by pointing guns at handcuffed 11-year-old.
Torts Jun. 12, 2012
Brannan v. Lathrop Construction Associates Inc.
Employee of subcontractor on construction site may not hold contractor liable for workplace injury although contractor was responsible for coordinating work of subcontractors.
Torts Jun. 12, 2012
Vanhooser v. Superior Court (Hennessy Industries Inc.)
In asbestos exposure case, couple's marital status at time of husband's mesothelioma diagnosis determines whether first element of loss of consortium is satisfied.
Torts Jun. 3, 2012
Summit Bank v. Rogers
Former employee’s Internet rant is constitutionally protected speech warranting dismissal of employer’s defamation claim under anti-SLAPP statute.
Torts May 30, 2012
Winn v. Pioneer Medical Group Inc.
Daughters of decedent may sue physicians for elder abuse based on repeated failure to refer mother to specialist despite knowing she needed specialized care.
Torts May 29, 2012
Thomas v. Stenberg
Defendants do not owe legal duty to plaintiff, who was injured when cow collided with plaintiff’s motorcycle on private road passing through defendants' property.
Torts May 29, 2012
Landeros v. Torres
In motor vehicle negligence case, plaintiff can recover noneconomic damages as permissive user under father's insurance policy, even if she did not have valid license.
Torts May 24, 2012
Boy Scouts of America v. Superior Court (Doe I)
Action under Code of Civil Procedure Section 340.1(a)(1)’s delayed discovery provision for claim of childhood sex abuse cannot be filed against entity defendant after plaintiff’s 26th birthday.
Torts May 24, 2012
Shifren v. Spiro
Because attorney malpractice claim related to preparation of trust documents requires resolution of divorce proceeding, action did not accrue prior to determination in proceeding.
Torts May 24, 2012
Barker v. Hennessy Industries Inc.
In asbestos related wrongful death case, defendant manufacturer is correctly granted summary judgment where its machines could be used in a non-hazardous manner.
Torts May 22, 2012
Campbell v. Ford Motor Co.
Employer has no duty to protect family members of employees from secondary exposure to asbestos used during course of employer’s business.
Torts May 21, 2012
Bickel v. Sunrise Assisted Living
In elder abuse case, waiver in residency agreement of plaintiff’s statutory right to recover attorney fees and costs is contrary to public policy.
Torts May 21, 2012
Chakalis v. Elevator Solutions Inc.
Defendants fail to meet burden of showing that non-party physician was comparatively at fault where there was no expert testimony as to causation.
Torts May 20, 2012
JSJ Limited Partnership v. Mehrban
Voluntary dismissal of claim after trial court found res judicata barred it does not constitute favorable termination for purposes of malicious prosecution.
Torts May 17, 2012