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Steinfeld v. Foote-Goldman Proctologic Medical Group Inc.
Prejudgment interest is not an element of damages to be included in the final judgment.
Torts Jun. 7, 1999
Farnham v. Superior Court (Sequoia Holdings Inc.)
Contractual waiver of employee's right to sue corporation's officers, directors, and shareholders not unenforceable per se.
Torts Jun. 7, 1999
Wooden v. Raveling
Outrageous conduct isn't a component of non-bystander negligent infliction of emotional distress claim.
Torts Jun. 7, 1999
Petrini v. Mohasco Corporation
Corporation is successor in interest to company liable for asbestos-related death.
Torts Jun. 7, 1999
Fuller v. Bethany Apostolic Church
Negligent and intentional spoliation of evidence claims are dismissed for not filing within statute of limitations.
Torts Jun. 7, 1999
Leon v. Family Fitness Center (#107) Inc.
Purported release isn't sufficiently copious nor unambiguous to insulate fitness company from liability for patron's injuries.
Torts Jun. 7, 1999
Monreal v. Tobin
Driver traveling at posted speed isn't comparatively liable for accident caused by speeding vehicle.
Torts Jun. 7, 1999
Peterson v. Owens-Corning Fiberglas Corp.
Cause of action for latent disease accrues when plaintiff is actually injured, not when exposure occur.
Torts Jun. 7, 1999
Polensky v. Kyocera International, Inc.
Employer's parent company is properly held jointly and severally liable for employee's injuries.
Torts Jun. 7, 1999
Fluharty v. Fluharty
No recovery for son who suffered emotional distress by watching his father's attempted suicide.
Torts Jun. 6, 1999
Zeiger v. State of California
Subcontractor employee's receipt of workers' compensation benefits doesn't preclude negligence claims against owner or general contractor.
Torts Jun. 6, 1999
General Electric Co. v. Joiner
11th Circuit erroneously uses stringent review standard, instead of discretion abuse, regarding excluding expert testimony.
Torts Jun. 6, 1999
People v. Peron
Court order modifying injunction to allow defendants to continue furnishing marijuana at business establishment is error.
Torts Jun. 6, 1999
Spencer v. Merced County Office of Education
Service of claim on wrong public entity isn't excusable absent reasonable mistake and diligence by attorney.
Torts Jun. 6, 1999
Sherwood v. Alaimo
Nondelegable duty cannot be avoided by employing subcontractor to carry out contract.
Torts Jun. 6, 1999
Catalina Cruises Inc. v. Luna
Vessel operator breaches duty of care by failing to alter course despite known hazardous weather conditions.
Torts Jun. 6, 1999
Pineda v. Ennabe
Landlord doesn't owe duty of care to assure tenant's children don't fall out of windows.
Torts Jun. 6, 1999
Salgado v. County of Los Angeles
Judgment notwithstanding verdict in mother's action for emotional distress after baby's injury during delivery is error.
Torts Jun. 5, 1999
Salgado v. Los Angeles County
For future non-economic damages, jury is to assume award of future damages is present value.
Torts Jun. 5, 1999
Barris v. County of Los Angeles
State statute limiting damages in medical malpractice suits applies to federal 'patient dumping' statute claim.
Torts Jun. 4, 1999
Jefferson v. City of Tarrant, Alabama
No state supreme court final judgment in wrongful death case bars reviewing civil rights claims denial.
Torts Jun. 4, 1999
Federico v. Superior Court (Jenry G.)
School isn't liable for acts of employee who sexually molests child of student off school premises.
Torts Jun. 4, 1999
Naas v. Stolman
Under Fair Debt Collection Act, debtor's tort claim, after creditor's suit, accrues when underlying action filed.
Torts Jun. 4, 1999
National Medical Transportation Network v. Deloitte & Touche
Incorrect jury instruction on standard governing accountants' resignation from professional engagement is reversible error.
Torts Jun. 4, 1999
Salgado v. County of Los Angeles
For future non-economic damages, jury is to assume award of future damages is present value.
Torts Jun. 4, 1999
Montes v. Gibbens
Uninsured motorist statute doesn't bar employee from recovering general damages for injuries received while driving employer's uninsured motor vehicle.
Torts Jun. 3, 1999
Caro v. Smith
Sanctions are imposed on attorneys who agree to binding arbitration and then appeal the award.
Torts Jun. 3, 1999
North American Chemical Co. v. Superior Court (Trans Harbor Inc.)
Negligent performance of contract obligation can give rise to action in tort.
Torts Jun. 3, 1999
Wedeck v. Unocal Corporation
If 'special employment' relationship exists, employee is statutorily barred from tort action against employer.
Torts Jun. 3, 1999
Souza v. Lauppe
Farmer cannot sue neighbor for nuisance when offending farming activity lasted more than 3 years.
Torts Jun. 3, 1999