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Name Category Published
Burton v. Sanner
In wrongful death case, expert witness' testimony that defendant's conduct was unreasonable is inadmissible because it usurped jury's role. 		Torts Jun. 21, 2012
Bickel v. Sunrise Assisted Living
In elder abuse case, waiver in residency agreement of plaintiff’s statutory right to recover attorney fees and costs is contrary to public policy. 		Torts Jun. 19, 2012
Campbell v. Ford Motor Co.
Employer has no duty to protect family members of employees from secondary exposure to asbestos used during course of employer’s business. 		Torts Jun. 19, 2012
Leonard v. John Crane Inc.
Plaintiff has valid loss of consortium claim when latent injury that is not discoverable first becomes manifest, even though negligent conduct may have predated marriage. 		Torts Jun. 14, 2012
Daniell v. Riverside Partners I L.P.
Malicious prosecution action against property owner based on unlawful detainer filed by previous owner is properly dismissed under anti-SLAPP statute. 		Torts Jun. 14, 2012
Casey v. Perini Corp.
In asbestos case, plaintiff fails to establish threshold exposure to asbestos-containing products attributable to defendant because all that existed was speculation as to causation. 		Torts Jun. 13, 2012
Avina v. United States
Summary judgment in favor of government on tort claims is improper because jury could find that DEA agents acted unreasonably by pointing guns at handcuffed 11-year-old. 		Torts Jun. 12, 2012
Brannan v. Lathrop Construction Associates Inc.
Employee of subcontractor on construction site may not hold contractor liable for workplace injury although contractor was responsible for coordinating work of subcontractors. 		Torts Jun. 12, 2012
Vanhooser v. Superior Court (Hennessy Industries Inc.)
In asbestos exposure case, couple's marital status at time of husband's mesothelioma diagnosis determines whether first element of loss of consortium is satisfied. 		Torts Jun. 3, 2012
Summit Bank v. Rogers
Former employee’s Internet rant is constitutionally protected speech warranting dismissal of employer’s defamation claim under anti-SLAPP statute. 		Torts May 30, 2012
Winn v. Pioneer Medical Group Inc.
Daughters of decedent may sue physicians for elder abuse based on repeated failure to refer mother to specialist despite knowing she needed specialized care. 		Torts May 29, 2012
Thomas v. Stenberg
Defendants do not owe legal duty to plaintiff, who was injured when cow collided with plaintiff’s motorcycle on private road passing through defendants' property. 		Torts May 29, 2012
Landeros v. Torres
In motor vehicle negligence case, plaintiff can recover noneconomic damages as permissive user under father's insurance policy, even if she did not have valid license. 		Torts May 24, 2012
Boy Scouts of America v. Superior Court (Doe I)
Action under Code of Civil Procedure Section 340.1(a)(1)’s delayed discovery provision for claim of childhood sex abuse cannot be filed against entity defendant after plaintiff’s 26th birthday. 		Torts May 24, 2012
Shifren v. Spiro
Because attorney malpractice claim related to preparation of trust documents requires resolution of divorce proceeding, action did not accrue prior to determination in proceeding. 		Torts May 24, 2012
Barker v. Hennessy Industries Inc.
In asbestos related wrongful death case, defendant manufacturer is correctly granted summary judgment where its machines could be used in a non-hazardous manner. 		Torts May 22, 2012
Campbell v. Ford Motor Co.
Employer has no duty to protect family members of employees from secondary exposure to asbestos used during course of employer’s business. 		Torts May 21, 2012
Bickel v. Sunrise Assisted Living
In elder abuse case, waiver in residency agreement of plaintiff’s statutory right to recover attorney fees and costs is contrary to public policy. 		Torts May 21, 2012
Chakalis v. Elevator Solutions Inc.
Defendants fail to meet burden of showing that non-party physician was comparatively at fault where there was no expert testimony as to causation. 		Torts May 20, 2012
JSJ Limited Partnership v. Mehrban
Voluntary dismissal of claim after trial court found res judicata barred it does not constitute favorable termination for purposes of malicious prosecution. 		Torts May 17, 2012
Bettencourt v. Hennessy Industries Inc.
Proposed amended complaint properly states strict liability and negligence claims against manufacturer of product, which caused asbestos exposure when used as intended with another product. 		Torts May 7, 2012
Shields v. Hennessy Industries Inc.
Manufacturer may be held strictly liable when its product contributed substantially to harm or it participated substantially in creating harmful combined use of products. 		Torts May 3, 2012
Beckwith v. Dahl
Tort of intentional interference with expected inheritance is recognized as valid cause of action because plaintiff’s interests are clearly entitled to legal protection. 		Torts May 3, 2012
Shields v. Hennessy Industries Inc.
Manufacturer may be held strictly liable when its product contributed substantially to harm or it participated substantially in creating harmful combined use of products. 		Torts Apr. 30, 2012
Cole v. Town of Los Gatos
Action for dangerous condition of public property must survive summary judgment when plaintiff presented evidence of condition and causal relationship. 		Torts Apr. 29, 2012
Johnson v. Alameda County Medical Center
County hospital is immune from psychiatric patient’s negligence claim based on injury following another patient's entry into her room due to misaligned door latch. 		Torts Apr. 26, 2012
Davis v. Foster Wheeler Energy Corp.
Plaintiffs' asbestos-related negligence case fails where it was based on contradictory testimony that failed to establish triable issue of fact. 		Torts Apr. 26, 2012
Mohamad v. Palestinian Authority
Torture Victim Protection Act of 1991 does not impose liability against organizations because term ‘individual’ under statute encompasses only natural persons. 		Torts Apr. 18, 2012
Stengel v. Medtronic Inc.
Food, Drug and Cosmetic Act preempts claims against medical device manufacturer because plaintiff asserted state tort law violations despite compliance with federal law. 		Torts Apr. 16, 2012
Johnson v. Ralphs Grocery Co.
Anti-SLAPP statute applies to malicious prosecution cause of action because communications in connection with matters related to lawsuits are privileged. 		Torts Apr. 5, 2012
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