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Name Category Published
Miller v. Collectors Universe Inc.
Plaintiff's single cause of action for wrongful appropriation of his name limits him to statutory damages. 		Torts Feb. 4, 2008
Bullock v. Philip Morris USA Inc.
Court commits error in Phillip Morris case where jury instructions failed to exclude nonparties to litigation in award of punitive damages. 		Torts Feb. 1, 2008
Avivi v. Centro Medico Urgente Medical Center
Foreign doctor is improperly disqualified as expert witness for failing to state his familiarity with local standard of care for treating arm fractures. 		Torts Jan. 31, 2008
Bayer-Bel v. Litovsky
Negligent driver in accident involving three defendants is severally liable for plaintiff's noneconomic damages only in direct proportion to percentage of fault. 		Torts Jan. 28, 2008
Gilmer v. Ellington
Motorist who yields right-of-way to left-turning car owes no duty of care to driver in lane beside him who is struck by turning car. 		Torts Jan. 24, 2008
Oak Harbor Freight Lines Inc. v. Sears Roebuck & Co.
Equitable estoppel does not bar defendant's liability for money it already paid to intermediary for freight shipments. 		Torts Jan. 22, 2008
Lambert v. Carneghi
Litigation privilege does not prevent party from suing his own expert witness for negligence, even if that suit is based upon expert's testimony. 		Torts Jan. 15, 2008
Booth v. Santa Barbara Biplanes LLC
Release and waiver of liability that was signed by plaintiffs bars negligence and breach of implied warranty complaint. 		Torts Jan. 15, 2008
McGarry v. Sax
Willing participant in ‘product toss’ event assumes risk of injury during melee caused by spectators vying for prize thrown into their midst. 		Torts Jan. 14, 2008
Blanco v. Baxter Healthcare Corp.
Medical Device Amendments of United States Code preempt plaintiffs' state common law causes of action. 		Torts Jan. 14, 2008
Maranatha Corrections LLC v. Dept. of Corrections and Rehabilitation
Director of correction's letter exposing contractor's misappropriation of revenue is privileged official act, subjecting plaintiff's defamation claims to special motion to strike. 		Torts Jan. 14, 2008
Sumpter v. Matteson
Plaintiff is never entitled to punitive damages as matter of right, and granting or withholding of award is wholly within control of jury. 		Torts Jan. 11, 2008
Hebrew Academy of San Francisco v. Goldman
Defamation claim based on statement published in very limited circulation over ten years ago is barred by statute of limitations. 		Torts Dec. 27, 2007
City of Los Angeles v. Workers' Compensation Appeals Board
City does not owe death benefits to wife of accountant who falls and dies while returning from voluntary CPA convention. 		Torts Nov. 27, 2007
Millard v. Biosources
General contractor whose 'retained control' did not affirmatively contribute to technician's fall has no duty to injured employee covered by workers' compensation. 		Torts Nov. 18, 2007
Barragan v. Lopez
In wrongful life case, plaintiffs fail to show doctor had duty to advise their mother of her right to abortion. 		Torts Nov. 11, 2007
Truong v. Nguyen
Doctrine of primary assumption of risk applies to claim for wrongful death of passenger who died in personal watercraft accident. 		Torts Nov. 5, 2007
Patterson v. Sacramento City Unified School District
Primary assumption of risk doctrine does not bar truck driving student's claim where instructors' negligent supervision contributed to injury. 		Torts Oct. 23, 2007
Romero v. Pacific Gas & Electric Co.
Father’s wrongful death lawsuit is improperly dismissed where he was not joined in prior settled action brought by child’s mother. 		Torts Oct. 21, 2007
Zipusch v. LA Workout Inc.
Summary judgment is improperly granted to health club owner where assumption of risk provision of membership agreement did not release club from liability. 		Torts Oct. 3, 2007
Patterson v. Sacramento City Unified School District
Primary assumption of risk doctrine does not bar truck driving student's claim where instructors' negligent supervision contributed to injury. 		Torts Sep. 26, 2007
Dennis v. BEH-1
Summary judgment is granted for consumer where credit reporting agency negligently failed to conduct reasonable reinvestigation. 		Torts Sep. 25, 2007
Pintos v. Pacific Creditors Association
Agency is liable for furnishing credit report to collect debt unrelated to 'credit transaction' but may seal confidential documents for good cause. 		Torts Sep. 24, 2007
Urhausen v. Longs Drug Stores California Inc.
Woman with crutches who trips on slope of disabled parking space cannot recover for denial of equal access or negligence per se. 		Torts Sep. 18, 2007
Castro v. Budget Rent-A-Car System Inc.
Alabama law applies to accident involving overturned truck whose lessor is not 'motor carrier' liable for permissive user's negligence. 		Torts Sep. 5, 2007
Miller v. Collectors Universe Inc.
Statutory damages for unauthorized use of name under Civil Code Section 3344(a) are limited to $750 total, not $750 per identical offense. 		Torts Sep. 3, 2007
Rice v. Center Point Inc.
Operators of residential treatment facilities do not owe duty of care to general public to control criminal conduct of their residents. 		Torts Aug. 30, 2007
White v. Ford Motor Co.
Court must provide proper harm to nonparties instruction and advise jury of prior compensatory damages award in new trial on punitive damages. 		Torts Aug. 30, 2007
Shin v. Ahn
Although primary assumption of risk doctrine applies to golf, summary judgment for defendant is improper where player's allegedly reckless swing was disputed. 		Torts Aug. 30, 2007
Webb v. Smart Document Solutions LLC
Health Insurance Portability and Accountability Act of 1996 allows patients to obtain their medical records for reduced fee, but not their designated agents. 		Torts Aug. 29, 2007
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