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Walker v. Sonora Regional Medical Center
Hospital that provides clinical laboratory testing to patient does not owe patient duty to directly inform her of results, which is her doctor’s duty.
Torts Jan. 13, 2012
Moody v. Bedford
One-action rule does not apply to pre-litigation settlement with insurer and thus, does not bar decedent’s heirs’ subsequent wrongful death claim against tortfeasor.
Torts Jan. 10, 2012
Santillan v. The Roman Catholic Bishop of Fresno
In childhood sexual abuse case, court properly instructs jury that use of ambiguous evidence of molestation is insufficient for purposes of notice requirement in revival statute.
Torts Jan. 9, 2012
Little v. Amber Hotel Co.
Tortious interference with contract claim does not fail when third party impaired attorney's lien on attorney fee award made by court in underlying action.
Torts Dec. 23, 2011
Ceja v. Dept. of Transportation
History of accidents, which occurred prior to substantial change in highway, may be excluded where history did not prove current dangerous condition.
Torts Dec. 20, 2011
Strong v. State of California
State is immune from liability for officer’s negligent spoliation of evidence given that there is no tort action for negligent spoliation of evidence.
Torts Dec. 19, 2011
Gonzalez v. Southern California Gas Co.
Natural gas distributor does not owe legal duty of care to driver, who died after striking gas meter assembly located substantial distance from street on private property.
Torts Dec. 15, 2011
Levin v. United States
Gonzalez Act does not waive government’s sovereign immunity as to common law battery claims, which Federal Tort Claims Act preserves.
Torts Nov. 25, 2011
Gravelin v. Satterfield
Hirers are not liable for independent contractor’s injury where hazard was created by contractor’s own misuse.
Torts Nov. 16, 2011
Sanchez v. Strickland
Plaintiff may recover medical services rendered, billed, and later gratuitously written off by medical provider as benefit recoverable under collateral source rule.
Torts Nov. 8, 2011
Roberts v. McAfee Inc.
Anti-SLAPP motion to strike malicious prosecution claims should have been granted where company had probable cause to accuse former general counsel of participating in illegal backdating.
Torts Nov. 8, 2011
Vogt v. Herron Construction Inc.
Subcontractor may be held vicariously liable where its employee ran over another subcontractor's employee while moving his personal truck on worksite.
Torts Nov. 3, 2011
Yuin University v. Korean Broadcasting System
Broadcast’s statements describing school as ‘vacant, suspected degree factory’ are not defamatory where used as hyperbolic speech in support of program’s opinion.
Torts Nov. 1, 2011
Cadam v. Somerset Gardens Townhouse HOA
Property owner is not liable for injuries sustained in fall caused by walkway separation, which was less than an inch in depth.
Torts Oct. 31, 2011
Amezcua v. Los Angeles Harley-Davidson
Motorcyclist may not recover for injuries suffered during organized group motorcycle ride where he assumed risk in activity, which organizer did not increase.
Torts Oct. 28, 2011
Sarei v. Rio Tinto PLC
Alien Tort Statute gives court jurisdiction over claims of genocide, which fall within limited category of claims for violations of internationally accepted norms.
Torts Oct. 26, 2011
Yuin University v. Korean Broadcasting System
Broadcast’s statements describing school as ‘vacant, suspected degree factory’ are not defamatory where used as hyperbolic speech in support of program’s opinion.
Torts Oct. 5, 2011
Johnson v. Chiu
Patient who suffered injuries during skin treatment may proceed on merits of negligent maintenance claim despite court’s dismissal of medical malpractice claim.
Torts Oct. 2, 2011
Lefebvre v. Lefebvre
Anti-SLAPP motion to strike malicious prosecution claim is properly denied where filing of false police report did not arise from exercise of free speech.
Torts Sep. 28, 2011
Hennigan v. White
Summary adjudication is proper where defendant showed that failure to perform patch test would not have revealed plaintiff’s subsequent allergic reaction to tattooing.
Torts Sep. 20, 2011
Bailey v. Safeway Inc.
Manufacturer of defective product and assignee cannot seek equitable indemnity against non-negligent retailer, whose fault rested solely on strict product liability theory.
Torts Sep. 16, 2011
Adams v. United States
Federal government properly invokes statute of limitations in Federal Tort Claims Act by sending denial letters that qualified as certified mail.
Torts Sep. 9, 2011
Phifer v. Icelandair
Plaintiff does not have to prove that airline violated Federal Aviation Administration standards to establish 'accident' under Article 17 of Montreal Convention.
Torts Sep. 2, 2011
Salas v. California Dept. of Transportation
Public entity establishes that no dangerous condition of public property exists by proving that physical characteristics did not expose users to increased danger.
Torts Aug. 31, 2011
Jones v. ConocoPhillips
Product liability claim based on toxic material exposure need not identify specific toxin, only specific product, at pleading stage of proceedings.
Torts Aug. 31, 2011
Manufactured Home Communities Inc. v. County of San Diego
Anti-SLAPP motion to strike defamation claim is proper where plaintiff failed to show substance of statements at issue were false.
Torts Aug. 29, 2011
Carter v. Prime Healthcare Paradise Valley LLC
Plaintiff’s failure to prove that caretaker’s neglect as to elderly father amounted to egregious conduct defeats elder abuse claim under Elder Abuse Act.
Torts Aug. 25, 2011
Vaca v. Wachovia Mortgage Corp.
Three-year statute of limitations bars plaintiff's claims despite ignorance of defendant’s role in fraudulent transactions, which prior suit was based on.
Torts Aug. 24, 2011
Seabright Insurance Co. v. US Airways Inc.
Employee of independent contractor may not sue party that hired contractor on theory that hiring party failed to comply with workplace safety requirements.
Torts Aug. 23, 2011
Howell v. Hamilton Meats & Provisions Inc.
Collateral-source rule does not preclude write-offs from medical care providers because plaintiff never incurred liability for original amount of medical bills.
Torts Aug. 19, 2011