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Name Category Published
Mosley v. San Bernardino City Unified School District
School district was not liable for injuries sustained by student during activity that was not school-sponsored.
Torts Oct. 24, 2006
Kinsman v. Unocal Corp.
Landowner having no control over condition cannot be liable for injuries inflicted by independent contractor on another contractor's employee.
Torts Oct. 24, 2006
Brady v. Abbott Laboratories
Because facility's de-watering activity was protected by doctrine of reasonable use, neighbor's nuisance claim failed.
Torts Oct. 24, 2006
Greer v. Buzgheia
Trial court did not err in denying motion to exclude evidence of medical costs billed to plaintiff in excess of those actually paid.
Torts Oct. 23, 2006
Caman v. Continental Airlines Inc.
Airline's failure to warn passenger of risk of developing deep vein thrombosis did not amount to 'accident' warranting relief under Warsaw Convention.
Torts Oct. 23, 2006
Priebe v. Nelson
In dog mauling case where veterinarian's rule applies, kennel worker is found to have assumed risk of being bitten.
Torts Oct. 22, 2006
Buell-Wilson v. Ford Motor Co.
Punitive damages are based upon corporation's overall financial worth, but lesser ratio to compensatory damages is required if other damages are high.
Torts Oct. 20, 2006
Ramirez v. Nelson
In wrongful death action, court should have instructed jury concerning duty not to use tools within six feet of electrical line.
Torts Oct. 19, 2006
Taylor v. Roseville Toyota Inc.
Sufficient evidence supported finding that car dealership gave employee implied permission to use vehicle that was involved in accident.
Torts Oct. 17, 2006
Bullock v. Philip Morris USA Inc.
Extreme reprehensibility of tobacco company's conduct justifies 33-to-1 ratio of punitive damages to compensatory damages.
Torts Oct. 17, 2006
Consumer Advocacy Group Inc. v. Kintetsu Enterprises of America
Court erred when it failed to evaluate whether negotiated settlement agreement for Proposition 65 claims served public interest.
Torts Oct. 17, 2006
Bassett v. Lakeside Inn Inc.
School district had immunity from suit where death of student occurred off campus and outside supervision of district.
Torts Oct. 4, 2006
Minch v. California Highway Patrol
Where officers did not create or increase risk of harm that caused plaintiff's injuries they could not be held liable in tort.
Torts Oct. 4, 2006
Sarei v. Rio Tinto, PLC
In case involving war crimes allegations, court improperly dismissed Alien Tort Claims Act claims as nonjusticiable political questions.
Torts Oct. 3, 2006
Metcalf v. County of San Joaquin
To prevail in tort action, plaintiff must prove public entity acted negligently or wrongfully even though public entity created dangerous condition.
Torts Sep. 26, 2006
Thomas v. Duggins Construction Co. Inc.
Court's refusal to apportion plaintiffs' noneconomic damages in favor of intentional tortfeasor is proper under Proposition 51.
Torts Sep. 12, 2006
Gonzalez v. Kalu
When attorney unilaterally withdraws or abandons client, representation ends when client has no reasonable expectation that attorney will furnish further legal services.
Torts Sep. 11, 2006
Margaret W. v. Kelley R.
Mother of plaintiff's sleepover host did not owe duty to prevent criminal conduct that occurred after plaintiff left sleepover.
Torts Sep. 8, 2006
Ford v. Polaris Industries Inc.
Doctrine of primary assumption of risk did not preclude injured jet skier from raising defective design claim against manufacturer of watercraft.
Torts Sep. 7, 2006
V.C. v. Los Angeles Unified School District
Timeliness of claim against public entity for childhood sexual abuse is governed by Tort Claims Act, not Code of Civil Procedure.
Torts Sep. 6, 2006
Kim v. Yi
Heirs seeking apportionment of award in wrongful death action did not have right to jury trial.
Torts Sep. 6, 2006
Souza v. Squaw Valley Ski Corp.
Collision with visible snowmaking hydrant is inherent risk of skiing under primary assumption of risk doctrine.
Torts Aug. 28, 2006
Avila v. Citrus Community College District
Host school breached no duty of care to athlete during intercollegiate baseball game in which athlete was injured.
Torts Aug. 28, 2006
Rostai v. Neste Enterprises
Primary assumption of risk applies to physical activity of fitness training under guidance of personal fitness trainer.
Torts Aug. 28, 2006
California State Automobile Association Inter-Insurance Bureau v. City of Palo Alto
Court improperly required insurer to prove tortious conduct on part of city in case involving backup of sewage in private home.
Torts Aug. 28, 2006
Huff v. Wilkins
Plaintiff did not assume increased risk in off-roading sport where defendant driver's violation of safety regulations increased risk of accident.
Torts Aug. 28, 2006
Bullock v. Philip Morris USA Inc.
Extreme reprehensibility of tobacco company's conduct justifies 33-to-1 ratio of punitive damages to compensatory damages.
Torts Aug. 28, 2006
Jonkey v. Carignan Construction Co.
Where jury found defendant was negligent but that its negligence was not substantial factor in causing harm to plaintiff, judgment is upheld.
Torts Aug. 27, 2006
Marijanovic v. Gray, York & Duffy
Counsel's unsubstantiated representation that client was not liable for construction defect does not satisfy 'without probable cause' element of malicious prosecution claim.
Torts Aug. 23, 2006
Andrews v. Foster Wheeler
In asbestos liability case, plaintiff's theory that asbestos 're-entrained' into air is too speculative and summary judgment for defendant was proper.
Torts Aug. 23, 2006