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Name Category Published
Prince v. Sutter Health Central
Unlicensed social worker, registered with Board of Behavioral Sciences, is 'health care provider' under Medical Injury Compensation Reform Act of 1975. 		Torts Apr. 7, 2008
Keener v. Jeld-Wen Inc.
Where juror changes his vote, his prior vote no longer counts because he can dissent from verdict up until last moment. 		Torts Apr. 4, 2008
Johnson v. American Standard Inc.
Sophisticated user defense defeats all causes of action for defendant manufacturer's alleged failure to warn. 		Torts Apr. 4, 2008
Garza v. Asbestos Corp. Ltd.
'Arena v. Owens-Corning Fiberglass Corp.' properly held that strict liability can apply to suppliers of defective raw materials, such as asbestos. 		Torts Apr. 4, 2008
Flores v. Autozone West Inc.
Summary judgment is improper in case alleging respondeat superior liability based on altercation that arises from employment and leads to injury. 		Torts Mar. 31, 2008
Garza v. Asbestos Corp. Ltd.
'Arena v. Owens-Corning Fiberglass Corp.' properly held that strict liability can apply to suppliers of defective raw materials, such as asbestos. 		Torts Mar. 31, 2008
Patterson Flying Service v. California Dept. of Pesticide Regulation
Pesticide distributor is properly fined for allowing drift from target site in conflict with proscription in label directions for aerial application. 		Torts Mar. 28, 2008
Garcia v. Paramount Citrus Association Inc.
Landowner does not owe duty of care to injured plaintiff when burden imposed is high and road is not open to public. 		Torts Mar. 27, 2008
Ayala v. Arroyo Vista Family Health Center
Jury instruction must be supported by expert testimony that medical history and physical examination are medically accepted alternative methods of diagnosis. 		Torts Mar. 17, 2008
Buell-Wilson v. Ford Motor Co.
Evidence at trial did not create significant risk that jury, in deciding punitive damage award, punished defendant for harm it caused to third parties. 		Torts Mar. 12, 2008
Holdgrafer v. Unocal Corp.
Due process proscribes consideration of 'dissimilar acts' in deciding punitive damages based on Unocal's reprehensibility in contaminating plaintiffs' property. 		Torts Mar. 6, 2008
Padilla v. Rodas
Homeowners did not have duty to supervise child who fell in pool where his parent was there at time of accident. 		Torts Mar. 4, 2008
Henry v. Superior Court (Reinink)
Defendant in personal injury suit is entitled to reduce exposure to noneconomic damages by proving hospital shares fault for plaintiff's aggravated injuries. 		Torts Feb. 26, 2008
Canister v. Emergency Ambulance Service
EMT's are health care providers whose negligent operation of ambulance during transport of arrestee qualifies as professional negligence subject to MICRA limitations. 		Torts Feb. 25, 2008
Terbush v. United States
Government agency’s alleged negligence in maintaining wastewater system may be covered by discretionary function exception to Federal Tort Claims Act. 		Torts Feb. 21, 2008
Whitlock v. Foster Wheeler
New trial is properly granted where court's finding of prejudicial juror misconduct is not abuse of discretion. 		Torts Feb. 19, 2008
Cohen v. Five Brooks Stable
Signed release did not clearly inform plaintiff that its purpose and effect was to exempt defendant from liability for its own negligence. 		Torts Feb. 18, 2008
Estate of Tucker v. Interscope Records Inc.
Plaintiff fails to prove that alleged derogatory references in hip-hop magazine ad met element of malice for malicious prosecution claim. 		Torts Feb. 11, 2008
Krinsky v. Doe 6
First Amendment protects identity of pseudonymous writer who insults corporate officer's 'fat thighs, fake degree, and poor hygiene' on internet. 		Torts Feb. 7, 2008
Bank of New York v. Fremont General Corp.
Bank proves corporate parent intentionally interferes with contract by transferring funds held in custodial account to pay workers compensation claims. 		Torts Feb. 4, 2008
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
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