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Jones v. Sisters of Providence in Washington Inc.
Alternate juror may not participate in jury deliberations.
Torts May 17, 2001
Tyner III v. State of Washington
State cannot escape liability at point its investigation comes under court supervision when court relies on state report.
Torts May 17, 2001
Kane v. National Ski Patrol System Inc.
Wrongful death claim is barred because participants in ski clinic assumed inherent risk of injury or death.
Torts May 17, 2001
Stearman v. Centex Homes
When defective foundation results in damage throughout home, recovery of strict liability damages isn't barred by economic loss rule.
Torts May 16, 2001
Burroughs v. Precision Airmotive Corp.
Federal statute precluding certain claims against aircraft parts manufacturers also protects successor manufacturers that acquire product lines from original parts manufacturer.
Torts May 16, 2001
Brennan v. Tremco Incorp.
Demurrer without leave to amend can't be sustained where triable issues of fact remain to be decided.
Torts May 16, 2001
Kirby v. Southern California Edison Co.
Court cannot enforce release agreement when no litigation was pending at time the agreement was executed.
Torts May 16, 2001
Anaya v. Superior Court (City of Los Angeles)
Tortfeasors responsible for victim's injuries are not relieved of liability when medical helicopter crashes in route to hospital, killing victim.
Torts May 16, 2001
Roberts v. Dudley
Common law cause of action in tort exists for wrongful discharge based on gender.
Torts May 16, 2001
Smith v. Bates Technical College
Common law tort of wrongful discharge in violation of public policy extends to employees who may terminated only for cause.
Torts May 16, 2001
Phillips v. Hillcrest Medical Center
Among other things, when hospital satisfies Emergency Medical Treatment and Labor Act's screening requirment court correctly states no EMTALA claim present.
Torts May 16, 2001
Moore v. Texaco, Inc.
Nuisance actions are dismissed because plaintiff fails to show oil company caused land and water pollution on property.
Torts May 16, 2001
Brennan v. Tremco Inc.
Demurrer without leave to amend can't be sustained where triable issues of fact remain to be decided.
Torts May 15, 2001
McCall v. Pacificare of California Inc.
Where Medicare and non-Medicare tort claims are interwoven with other causes of action, complainant must be given opportunity to amend complaint.
Torts May 15, 2001
Haley v. Highland
Judgment tortfeasor's one-half interest in community property is subject to judgment if tortfeasor's separate property is insufficient to satisfy claim.
Torts May 15, 2001
Kim v. Budget Rent-A-Car
Car rental agency that left vehicle unlocked is not responsible for accident caused by car thief.
Torts May 15, 2001
Winter v. United States
Cause of action under federal statute has not accrued when plaintiff relies on medical professionals' statements with respect to cause of injuries.
Torts May 15, 2001
Simpson v. Wal-Mart Stores Inc.
Order
Torts May 15, 2001
Pagnotta v. Beall Trailers of Oregon
State trooper and material damage examiner are qualified to give expert and lay opinions in products liability action.
Torts May 11, 2001
Berger v. Sonneland
Unauthorized disclosure of confidential information related to health care an independent tort theory of recovery.
Torts May 11, 2001
Hall v. Dominican Sisters of Spokane
Physician with nursing, supervisory expertise may testify as to standard of care expected of critical care nurses.
Torts May 10, 2001
Meyer v. Sonrise Management Inc.
In utero workplace injury to child resulting from same transaction as mother's injury is a separate, not derivative injury.
Torts May 10, 2001
Colwell v. Holy Family Hospital
Registered nurse is not competent witness as to cause of death of patient in medical malpractice action.
Torts May 10, 2001
Bear Medicine v. United States
Discretionary function exception does not shield government from liability under Federal Tort Claims Act.
Torts May 9, 2001
Allen v. Wal-Mart Stores, Inc.
Res Ipsa Loquitur doctrine doesn't apply where jury could reasonably infer injury was caused by either defendant's or plaintiff's negligence.
Torts May 9, 2001
Meneely v. S. R. Smith Inc.
Trade association holding itself out as entity setting industry standards for pools and related equipment owes duty of care to product users.
Torts May 9, 2001
Stenger v. State of Washington
State agency had no duty to place violent child in restrictive educational environment.
Torts May 9, 2001
Keller v. City of Spokane
Jury instructions should have clearly identified city's duty to maintain roadway in reasonably safe condition.
Torts May 9, 2001
Kelley v. State of Washington, Department of Corrections
When conduct of community corrections officer doesn't amount to gross negligence, Department of Corrections is not liable.
Torts May 9, 2001
Kelly v. United States
Forest Service decision not to require contract pilots to have crew resource management training falls within immunity from tort liability.
Torts May 8, 2001