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Kobzoff v. Harbor U.C.L.A. Medical Center
To recover costs, prevailing county/defendant must prove wrongful death plaintiff proceeded in bad faith.
Torts Sep. 26, 2000
Hoff v. Vacaville Unified School District
School district owes duty of care to both students and non-students in supervising school parking lot.
Torts Sep. 26, 2000
Salgado v. County of Los Angeles
Judgment notwithstanding verdict in mother's action for emotional distress after baby's injury during delivery is error.
Torts Sep. 26, 2000
Polydoros v. Twentieth Century Fox Film Corp.
No recovery for filmmaker's use of character resembling plaintiff as a child in purely fictional movie.
Torts Sep. 26, 2000
Sanders v. American Broadcasting Companies Inc.
Secret videotaping of conversation with employee in 'open work area' is not invasion of privacy.
Torts Sep. 26, 2000
Creason v. State Dept. of Health Services
Newborn screening program imposes mandatory duty on state to exercise reasonable care concerning test results.
Torts Sep. 26, 2000
Mueller v. Saint Joseph Medical Center
Wrongful death claim under Elder Abuse Act isn't viable if direct negligence claim exists.
Torts Sep. 26, 2000
Calatayud v. State of California
Exception to firefighter rule allows recovery by officer injured by peace officer of another agency.
Torts Sep. 26, 2000
Delaney v. Baker
Damages for pain and suffering are permissible under Elder Abuse and Dependent Adult Civil Protection Act.
Torts Sep. 25, 2000
Brock v. Air Products and Chemicals Inc.
Demurrer must be overruled where complaint, uncontradicted by admissions, alleges defendants' products caused cancer.
Torts Sep. 25, 2000
Richmond v. A.P. Green Industries Inc.
Each distinct injury suffered by plaintiff due to asbestos exposure triggers separate limitations period.
Torts Sep. 25, 2000
Hondo Co. v. Superior Court (Estate of King)
Uninsured motorist's estate can't recover non-economic damages after fatal car accident.
Torts Sep. 25, 2000
Broughton v. Cigna Healthplans of California
Consumers Legal Remedies Act's right to judicial proceeding cannot be waived.
Torts Sep. 25, 2000
Town of Alma v. AZCO Construction Inc.
Party suffering only economic loss from breach of express or implied contractual duty may not assert tort claim for breach absent independent duty of care.
Torts Sep. 20, 2000
Grynberg v. Agri Tech Inc.
Party suffering only economic loss from breach of express or implied contractual duty may not assert tort claim for breach absent independent duty of care.
Torts Sep. 20, 2000
Richmond v. A.P. Green Industries, Inc.
Claim for asbestos related injury of mesothelioma isn't precluded by earlier action for asbestosis
Torts Sep. 20, 2000
Cooper v. U.S. Ski Assn.
Mother's execution of release enforceable to bar son's claims against ski club.
Torts Sep. 19, 2000
Greenberg v. Comerica Bank
Order
Torts Sep. 19, 2000
Board of County Commissioners of the County of Gilpin, Colorado v. Entrup
Order
Torts Sep. 19, 2000
Bielicki v. The Terminix International Co.
Employer that ratifies worker's negligence in spraying toxic chemicals is liable for punitive damages
Torts Sep. 19, 2000
Mesa County Valley School District No. 51 v. Kelsey
Written notice of claim must include demand for payment of damage; failure to timely file claim creates jurisdictional bar that cannot be overcome by equitable defenses.
Torts Sep. 19, 2000
Munger v. City of Glasgow Police Dept.
Police officers don't have qualified immunity from liability for civil damages when they eject intoxicated man wearing T-shirt from bar into sub-freezing temperatures.
Torts Sep. 13, 2000
Reinen v. Northern Arizona Orthopedics, Ltd.
Objection to qualifications of expert witness must be made before or at time testimony is given, not after.
Torts Sep. 11, 2000
Wiggs v. City of Phoenix
City is found vicariously liable for failure of independent contractor to properly maintain streetlights.
Torts Sep. 11, 2000
Lingel v. Olbin
Agreement assigning wrongful death proceeds is void and unenforceable under Arizona case law and public policy.
Torts Sep. 5, 2000
Recorp Partners Inc. v. Rosenfeld
Attorney's extra-judicial statements are absolutely privileged when related to and made in furtherance of litigation to recipient somehow connected to proceeding.
Torts Sep. 5, 2000
Isbell v. Maricopa County
County breaches its duty to maintain safe roads by failing to follow up on its request that improvements be installed.
Torts Sep. 5, 2000
Lingel v. Olbin
Agreement assigning wrongful death proceeds is void and unenforceable under Arizona case law and public policy.
Torts Aug. 30, 2000
CDT Inc. v. Addison
Malpractice claim accrues at time CSBE renders determination of delinquent taxes, not when field investigator states he will recommend such determination.
Torts Aug. 29, 2000
Penn v. Prestige Stations Inc.
Supreme Court ruling that no tort cause of action exists for spoilation of evidence by litigation adversary applies retroactively.
Torts Aug. 29, 2000