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Joyce v. Simi Valley Unified School District
Open school yard gate that encourages children to cross dangerous intersection constitutes dangerous condition of public property.
Torts Nov. 25, 2003
Jacobs v. Grossmont Hospital
Welfare and Institutions Code Section 5278 affords immunity only for decision to involuntarily detain mentally disabled patient.
Torts Nov. 25, 2003
Burch v. Children's Hospital of Orange County Thrift Stores Inc.
Unapportioned settlement offer made to multiple defendants not valid, so prejudgment interest and expert witness costs not recoverable.
Torts Nov. 21, 2003
Butler v. Bell Helicopter Textron Inc.
Helicopter manufacturer that withheld information from federal agency may be liable for crash.
Torts Nov. 21, 2003
Ferris v. Gatke Corp.
Court did not err in barring plaintiff from pursuing burden-shifting market share theory of tort liability in asbestos action.
Torts Nov. 21, 2003
Stroock & Stroock & Lavan LLP v. Tendler
In malicious prosecution action, trial court erred in granting motion to strike under anti-SLAPP statute because firm demonstrated probability it would prevail.
Torts Nov. 13, 2003
Cryolife Inc. v. Superior Court (Minvielle)
Strict products liability action may not be brought against tissue bank that provided tendon graft for transplantation.
Torts Oct. 28, 2003
Curtis v. Santa Clara Valley Medical Center
Plaintiff alleging medical practice was required to present expert testimony that physicians deviated from standard of care.
Torts Oct. 24, 2003
Hamilton v. Martinelli & Associates
Doctrine of primary assumption of risk bars employee's tort claims for injury caused by participation in training course.
Torts Oct. 24, 2003
Sakiyama v. AMF Bowling Centers Inc.
Owner of facility where 'rave' party was held did not owe duty of care to partygoers.
Torts Oct. 24, 2003
M.W. v. Panama Buena Vista Union School District
School district owed duty to protect student from campus assault prior to school hours.
Torts Oct. 24, 2003
Hoblitzell v. City of Ione
City is not vicariously liable for employee misconduct committed outside city limits and for personal motives.
Torts Oct. 24, 2003
Kahn v. East Side Union High School District
Coach may be liable for instructing swimmer to dive into shallow end of racing pool.
Torts Oct. 21, 2003
Kremen v. Cohen
Internet domain name is protected by conversion law, thus viable claim for conversion exists.
Torts Oct. 16, 2003
Lieberman v. Fieger
Attorney's statements about doctor during television interview are constitutionally protected opinions, not defamatory statements.
Torts Oct. 16, 2003
Turner v. Burlington Northern Santa Fe Railroad Co.
Fire investigator may not testify that fire resulted from arson based on lab report.
Torts Oct. 16, 2003
Clausen v. M/V New Carissa
Expert testimony on issue of causation concerning oysters' deaths was properly admitted.
Torts Oct. 15, 2003
Artal v. Allen
Plaintiff appropriately filed malpractice action within one year of being aware of her injury and its negligent cause.
Torts Oct. 15, 2003
Durant v. Los Angeles Unified School District
Student who was shot off-campus following repeated threats may sue school district for negligent supervision.
Torts Oct. 15, 2003
Bragg v. Valdez
Psychiatrist who releases patient for lack of health insurance may be liable to patient and any person that patient injures.
Torts Oct. 15, 2003
Moore v. Wal-Mart Stores Inc.
Court erred in eliminating actual or constructive notice requirment from jury instruction in slip-and-fall case.
Torts Oct. 15, 2003
Huynh v. Vu
Husband who encouraged wife to breach contract may be immune under 'manager's privilege.'
Torts Oct. 15, 2003
K.G. v. County of Riverside
Officer's molestation of stepdaughter did not occur within scope of employment.
Torts Oct. 13, 2003
Hiser v. Bell Helicopter Textron Inc.
Lawsuit based on fatal helicopter crash was not time-barred by General Aviation Revitalization Act of 1994.
Torts Oct. 13, 2003
Wood v. County of San Joaquin
Because decedents were 'boating' when they suffered their injuries, public entities are immune from liability.
Torts Oct. 13, 2003
Stockinger v. Feather River Community College
College isn't liable to student who was injured during performance of off-campus assignment.
Torts Oct. 13, 2003
Rotolo Chevrolet v. Superior Court (Staudt)
Disability retirement benefits are not collateral source to personal-injury damages in tort lawsuit.
Torts Oct. 13, 2003
Richelle L. v. Roman Catholic Archbishop of San Francisco
Claim against priest alleging sexual seduction may not proceed because claim would excessively entangle court in religious beliefs and practices.
Torts Oct. 12, 2003
Rivera v. National Railroad Passenger Corp.
Under doctrine of respondeat superior, employer may be liable for defamatory statements made by its employees.
Torts Oct. 9, 2003
Hassan v. Mercy American River Hospital
Entity that conveys information used to evaluate physician enjoys qualified privilege.
Torts Oct. 8, 2003