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Name Category Published
Sarti v. Salt Creek
JNOV in favor of restaurant in food poisoning case is reversed where reasonable jury could infer cross-contamination. 		Torts Oct. 29, 2008
Kindrich v. The Long Beach Yacht Club
Primary assumption of risk does not apply where plaintiff voluntarily jumped off of boat onto dock. 		Torts Oct. 29, 2008
Williamson v. Mazda Motor of America Inc.
Federal Motor Vehicle Safety Standard preempts claim alleging liability for failure to install lap/shoulder seatbelt in vehicle’s middle seating position. 		Torts Oct. 23, 2008
Alcala v. Vazmar Corp.
Instruction on negligence per se is not required where reinstalled tires are not covered by statute designed to prevent use of unsafe tires. 		Torts Oct. 21, 2008
Castaneda v. United States
42 U.S.C. Section 233(a) does not establish FTCA as exclusive remedy for constitutional violations committed by Public Health Service employees. 		Torts Oct. 3, 2008
Gunn v. Mariners Church Inc.
Ministerial exception precludes court intervention in action against church where pastor announced to congregation that worship director was fired due to homosexuality. 		Torts Oct. 2, 2008
McKenney v. Purepac Pharmaceutical Company
State law tort claim for failure to warn of prescription drug's side effects is not pre-empted by federal law. 		Torts Sep. 29, 2008
MB Financial Group Inc. v. U.S. Postal Service
U.S. Postal Service is not immune from claim arising from failure to make box available due to improper handling of fees. 		Torts Sep. 26, 2008
Wilkinson v. Zelen
Plaintiff must prove factual innocence and exoneration as to all transactionally related offenses in order to maintain legal malpractice action. 		Torts Sep. 26, 2008
Abagninin v. AMVAC Chemical Corp.
Ivory Coast residents' claim of genocide against pesticide manufacturer fails to allege specific intent to destroy certain group. 		Torts Sep. 25, 2008
Salinas v. Martin
Property owner owed duty of care to contractor's employee to remove dangerous dogs from his property. 		Torts Sep. 24, 2008
Sun v. City of Oakland
City is not liable for pedestrian's death where removal of crosswalk markings does not create dangerous condition. 		Torts Sep. 17, 2008
Pesnell v. Arsenault
Constitutional claims are not necessarily foreclosed by statutory bar of Federal Tort Claims Act. 		Torts Sep. 16, 2008
Dumontier v. Schlumberger Technology Corp.
Subcellular damage may create risk of disease but does not amount to bodily injury under Price-Anderson Act. 		Torts Sep. 12, 2008
Rodriguez v. United States
Federal tort case is remanded for court to determine whether modification of fee award against government is necessary. 		Torts Sep. 5, 2008
Padilla v. Pomona College
Employer is not liable under retained control doctrine where task of providing safe work environment was delegated to subcontractor. 		Torts Sep. 4, 2008
Jones v. P.S. Development Company Inc.
Defendants are not liable for injuries of airport security employee who tripped over explosive detection machine. 		Torts Sep. 4, 2008
Salinas v. Martin
Property owner owed duty of care to contractor's employee to remove dangerous dogs from his property. 		Torts Sep. 2, 2008
Ieremia v. Hilmar Unified School District
Incidents of ownership must be shown to demonstrate 'owner' status under Vehicle Code Section 3333.4. 		Torts Aug. 28, 2008
Ramirez v. Nelson
Court concludes that Penal Code Section 385(b) does not give rise to negligence per se where worker's own negligent act violated statute. 		Torts Aug. 5, 2008
Gehr v. Baker Hughes Oil Field Operations Inc.
Plaintiff may not recover interest rate differential damages for contamination of property under continuing nuisance theory. 		Torts Aug. 1, 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 Jul. 31, 2008
Twardowski v. American Airlines Inc.
Plaintiffs' claims under Article 17 of Warsaw Convention fail where they allege failure to warn of in-flight deep vein thrombosis. 		Torts Jul. 31, 2008
Clemens v. DaimlerChrysler Corp.
Breach of express warranty claim cannot survive where repairs are made after warranty period, regardless of manufacturer's knowledge of defect at sale. 		Torts Jul. 25, 2008
Garcia v. Paramount Citrus Association Inc.
Landowner owes no duty to plaintiff injured in intersection collision near groves. 		Torts Jul. 22, 2008
Monroy v. City of Los Angeles
Court errs in advising jury of emergency vehicle driver's exemption from Vehicle Code where instructions conflict with speeding police officers' explicit admissions. 		Torts Jul. 21, 2008
Mora v. Hollywood Bed & Spring
Employee who cannot prove employer failed to install point of operation guard is not entitled to damages for personal injury. 		Torts Jul. 16, 2008
McCarty v. State of California Department of Transportation
Public entity may be held liable under retained control doctrine where employee's injury is proximately caused by tortious act of independent contractor. 		Torts Jul. 14, 2008
Cohen v. NuVasive Inc.
Purchaser of human remains can be liable for inducing seller to act in manner resulting in foreseeable emotional injury to donor's family. 		Torts Jul. 11, 2008
Hensley v. United States
Two year statute of limitations bars Federal Tort Claims Act suit where claim accrued at collision and ignorance of federal employment is irrelevant. 		Torts Jul. 10, 2008
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