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Little Company of Mary Hospital v. Superior Court (Marin)
Religious health care providers may invoke Code of Civil Procedure Section 425.14 to require substantiation of punitive damages claim by plaintiff. 		Torts Apr. 24, 2008
SC Manufactured Homes Inc. v. Liebert
Plaintiff fails to show that mobile park and numerous dealers were involved in illegal tying arrangement. 		Torts Apr. 23, 2008
Foster v. U.S.
'Detention of goods' exception to Federal Torts Claims Act applies where government seizes property for purposes of criminal investigation, not forfeiture. 		Torts Apr. 17, 2008
Martinelli v. Interntational House USA
Alleged defamatory communication is not considered 'published' where it is sent to general fax machine in plaintiff's office. 		Torts Apr. 15, 2008
Cerna v. City of Oakland
City and school district are not liable for negligence where motorist strikes six pedestrians in marked crosswalk 50 feet from school. 		Torts Apr. 15, 2008
SDV/ACCI Inc. v. AT&T Corp.
Plaintiff presents enough evidence of malice to survive summary judgment in defamation case. 		Torts Apr. 14, 2008
Blazevska v. Raytheon Aircraft Co.
Plaintiffs' suit against aircraft company is barred by GARA, statute that bars suits brought more than 18 years after plane is delivered. 		Torts Apr. 11, 2008
Buell-Wilson v. Ford Motor Co.
Evidence at trial did not create significant risk that jury, in deciding punitive damage award, punished defendant for harm it caused to third parties. 		Torts Apr. 11, 2008
Miller v. American Greetings Corp.
Employer is entitled to summary judgment where plaintiffs offer no evidence that defendant caused traffic accident within course and scope of employment. 		Torts Apr. 9, 2008
Phillips v. E.I. DuPont de Nemours & Co.
Plutonium producers who helped make atomic bomb are not entitled to immunity under government contractor defense for liability arising from radioiodine exposure. 		Torts Apr. 7, 2008
Prince v. Sutter Health Central
Unlicensed social worker, registered with Board of Behavioral Sciences, is 'health care provider' under Medical Injury Compensation Reform Act of 1975. 		Torts Apr. 7, 2008
Keener v. Jeld-Wen Inc.
Where juror changes his vote, his prior vote no longer counts because he can dissent from verdict up until last moment. 		Torts Apr. 4, 2008
Johnson v. American Standard Inc.
Sophisticated user defense defeats all causes of action for defendant manufacturer's alleged failure to warn. 		Torts Apr. 4, 2008
Garza v. Asbestos Corp. Ltd.
'Arena v. Owens-Corning Fiberglass Corp.' properly held that strict liability can apply to suppliers of defective raw materials, such as asbestos. 		Torts Apr. 4, 2008
Flores v. Autozone West Inc.
Summary judgment is improper in case alleging respondeat superior liability based on altercation that arises from employment and leads to injury. 		Torts Mar. 31, 2008
Garza v. Asbestos Corp. Ltd.
'Arena v. Owens-Corning Fiberglass Corp.' properly held that strict liability can apply to suppliers of defective raw materials, such as asbestos. 		Torts Mar. 31, 2008
Patterson Flying Service v. California Dept. of Pesticide Regulation
Pesticide distributor is properly fined for allowing drift from target site in conflict with proscription in label directions for aerial application. 		Torts Mar. 28, 2008
Garcia v. Paramount Citrus Association Inc.
Landowner does not owe duty of care to injured plaintiff when burden imposed is high and road is not open to public. 		Torts Mar. 27, 2008
Ayala v. Arroyo Vista Family Health Center
Jury instruction must be supported by expert testimony that medical history and physical examination are medically accepted alternative methods of diagnosis. 		Torts Mar. 17, 2008
Buell-Wilson v. Ford Motor Co.
Evidence at trial did not create significant risk that jury, in deciding punitive damage award, punished defendant for harm it caused to third parties. 		Torts Mar. 12, 2008
Holdgrafer v. Unocal Corp.
Due process proscribes consideration of 'dissimilar acts' in deciding punitive damages based on Unocal's reprehensibility in contaminating plaintiffs' property. 		Torts Mar. 6, 2008
Padilla v. Rodas
Homeowners did not have duty to supervise child who fell in pool where his parent was there at time of accident. 		Torts Mar. 4, 2008
Henry v. Superior Court (Reinink)
Defendant in personal injury suit is entitled to reduce exposure to noneconomic damages by proving hospital shares fault for plaintiff's aggravated injuries. 		Torts Feb. 26, 2008
Canister v. Emergency Ambulance Service
EMT's are health care providers whose negligent operation of ambulance during transport of arrestee qualifies as professional negligence subject to MICRA limitations. 		Torts Feb. 25, 2008
Terbush v. United States
Government agency’s alleged negligence in maintaining wastewater system may be covered by discretionary function exception to Federal Tort Claims Act. 		Torts Feb. 21, 2008
Whitlock v. Foster Wheeler
New trial is properly granted where court's finding of prejudicial juror misconduct is not abuse of discretion. 		Torts Feb. 19, 2008
Cohen v. Five Brooks Stable
Signed release did not clearly inform plaintiff that its purpose and effect was to exempt defendant from liability for its own negligence. 		Torts Feb. 18, 2008
Estate of Tucker v. Interscope Records Inc.
Plaintiff fails to prove that alleged derogatory references in hip-hop magazine ad met element of malice for malicious prosecution claim. 		Torts Feb. 11, 2008
Krinsky v. Doe 6
First Amendment protects identity of pseudonymous writer who insults corporate officer's 'fat thighs, fake degree, and poor hygiene' on internet. 		Torts Feb. 7, 2008
Bank of New York v. Fremont General Corp.
Bank proves corporate parent intentionally interferes with contract by transferring funds held in custodial account to pay workers compensation claims. 		Torts Feb. 4, 2008
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