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Kline v. Zimmer, Inc.
Hip replacement company could offer medical expert testimony to rebut plaintiff's causation claims even though the expert's opinion on alternative causes was expressed to less than a reasonable medical probability. 		Torts 2DCA/8 May 31, 2022
Modification: Hassaine v. Club Demonstration Services, Inc.
Independent contractor that operated food sample tables had a special relationship with Costco shoppers that gave rise to a duty to exercise reasonable care irrespective of its contract with Costco. 		Torts 4DCA/1 May 20, 2022
Doe v. Anderson Union High School Dist.
Based on the record, a school district did not have a duty to constantly monitor a teacher who eventually engaged in a sexual relationship with a student because to impose such a duty would be unreasonable. 		Torts 3DCA May 5, 2022
Hassaine v. Club Demonstration Services, Inc.
Independent contractor that operated food sample tables had a special relationship with Costco shoppers that gave rise to a duty to exercise reasonable care irrespective of its contract with Costco. 		Torts 4DCA/1 Apr. 25, 2022
Samantha B. v. Aurora Vista Del Mar
Plaintiffs' Elder Abuse Act claims against a hospital were not subject to the Medical Injury Compensation Reform Act's limitations period nor its limit on noneconomic damages. 		Torts 2DCA/6 Apr. 6, 2022
Quintero v. Weinkauf
Substantial evidence supported a determination by the jury that there were exigent circumstances excusing the requirement for stalking that plaintiff demand defendant cease and abate his pattern of conduct. 		Torts 1DCA/4 Apr. 5, 2022
Feltham v. Universal Protection Service, LP
The special risk exemption did not make employer liable for employee's negligence since it was employee-caused fatigue, not employer-caused fatigue, that proximately caused employee's off-duty car crash. 		Torts 1DCA/3 Apr. 1, 2022
White v. Wear
The trial court erred in amending allegations in an elder abuse restraining order petition to prohibit defendant from possessing firearms and ammunition. 		Torts 4DCA/2 Mar. 10, 2022
Lopez v. Ledesma
Physician assistants who practice under a licensed physician but receive minimal or no supervision may still fall under the Medical Injury Compensation Reform Act's noneconomic damages cap. 		Torts CASC Feb. 25, 2022
Rucker v. WINCAL, LLC
A property owner was not liable for plaintiff's injury when plaintiff, who was jogging for recreational purposes, was forced into the bicycle lane to avoid a homeless encampment on the owner's property. 		Torts 2DCA/5 Feb. 8, 2022
Oroville Hospital v. Superior Court (Ambrose)
Nurses' provision of wound care to deceased did not give rise to the substantial caretaking relationship required to establish neglect under the Elder Abuse Act. 		Torts 3DCA Jan. 28, 2022
Modification: North American Title Co. v. Gugasyan
The "safe harbor" presumption does not require a notary to verify with the Department of Motor Vehicles that a driver's license is legitimately issued. 		Torts 2DCA/2 Jan. 26, 2022
Kaney v. Custance
Open and obvious dangerous condition of stairs leading to property's only toilet was insufficient to relieve duty of care because visitors to the property would necessarily encounter it. 		Torts 2DCA/2 Jan. 25, 2022
Kaney v. Mazza
Despite plaintiff not remembering her fall, causation was a triable issue of fact since evidence could lead to a reasonable and probable inference that defendant's negligence contributed to the injury. 		Torts 2DCA/2 Jan. 24, 2022
Mayes v. La Sierra Univerity
A university was required to show there were no reasonable steps it could take to protect spectators' safety if it could do so without altering the nature of baseball. 		Torts 4DCA/2 Jan. 11, 2022
North American Title Co. v. Gugasyan
The "safe harbor" presumption does not require a notary to verify with the Department of Motor Vehicles that a driver's license is legitimately issued. 		Torts 2DCA/2 Dec. 30, 2021
Presbyterian Camp and Conference Centers v. Superior Court (Dept. of Forestry and Fire Protection)
A corporation was liable for the costs of suppressing fires that its employee negligently set because the statute at issue incorporated the theory of respondeat superior. 		Torts CASC Dec. 28, 2021
Russell v. Dept. of Corrections and Rehabilitation
A parole officer did not have a duty to warn the victim of the parolee's dangerous propensities because there was insufficient evidence that a special relationship existed. 		Torts 3DCA Dec. 20, 2021
Miller v. Sawant
Dismissal was improper in a defamation suit because it was plausible that statements about the police were "of and concerning" plaintiff officers in particular. 		Torts 9th Nov. 11, 2021
Amended Opinion: Steinle v. U.S.
Several intervening acts preceding fatal incident were too remote to establish proximate causation. 		Torts 9th Nov. 9, 2021
Chase v. Wizmann
Compliance with municipal noise ordinances does not automatically immunize a defendant from traditional nuisance liability. 		Torts 2DCA/2 Nov. 3, 2021
Mitchell v. Los Robles Regional Medical Center
Plaintiff's complaint was time-barred because it alleged a cause of action for professional negligence, rather than general negligence or premises liability. 		Torts 2DCA/6 Nov. 3, 2021
Gall v. Smith & Nephew, Inc.
Liability does not fall on manufacturer where doctor knew of an implant's risks and may have failed to provide the warnings to the patient. 		Torts 2DCA/8 Nov. 1, 2021
Doe v. Roman Catholic Archbishop of Los Angeles
The Archdiocese owed a duty to protect a plaintiff taking classes at a Catholic church because a special relationship existed. 		Torts 2DCA/7 Oct. 22, 2021
Hawkins v. U.S.
A veteran was permitted to sue the government for her injuries under the Federal Torts Claim Act because she was not barred by the Federal Employees' Compensation Act. 		Torts 9th Sep. 29, 2021
Cavey v. Tualla
A claim submitted without plaintiff's knowledge did not cause the statute of limitations period to run. 		Torts 5DCA Sep. 27, 2021
Sandoval v. Qualcomm Inc.
A party who fully and effectively delegates work to a contractor owes no tort duty to that contractor's workers. 		Torts CASC Sep. 10, 2021
Harris v. Thomas Dee Engineering Co., Inc.
An expert's declaration that purportedly contradicted his earlier deposition should have been considered on summary judgment because the declaration did not prejudice the opposing party. 		Torts 1DCA/5 Sep. 7, 2021
Green v. Healthcare Services, Inc.
Because jury found that treatment facility was negligent and its negligence was a cause of patient's suicide, court did not err in not instructing jury on superseding cause defense. 		Torts 4DCA/3 Sep. 1, 2021
Steinle v. U.S.
Several intervening acts preceding fatal incident were too remote to establish proximate causation. 		Torts 9th Aug. 25, 2021
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