Earlier this year, the Court of Appeal for the Second Appellate District issued a written opinion in a California premises liability lawsuit discussing the rule of appellate procedure that any grounds cited on appeal must have been raised at trial. Ultimately, the court affirmed the lower court’s decision to dismiss…
Articles Posted in Personal Injury
California Appellate Court Denies Defense Discovery Request in Workplace Accident Lawsuit
Earlier this year, the California Court of Appeal for the Sixth District issued an interesting opinion in a California workplace accident case. The case presented the court with the opportunity to discuss the limitations that a defendant faces when seeking pre-trial discovery in a California personal injury case. Ultimately, the…
California Court Reverses Summary Judgment in Favor of Employer When Inference Could be Drawn that Employee Was Within Scope of Employment at Time Plaintiff was Injured
The California Court of Appeal recently reversed a summary judgment that had been granted in a California bicycle accident case alleging negligence and respondeat superior liability. The facts indicated that while the plaintiff was riding his bicycle, he collided with the door of the defendant’s personal vehicle when the defendant opened…
California Court Holds Surviving Family Members Failed to Establish Triable Issues of Material Fact Overcoming Summary Judgment for Employer in Deadly Vehicle Collision Lawsuit
Recently, the California Court of Appeal analyzed an appeal brought by plaintiffs in a California wrongful death case. The plaintiffs included the daughter of a deceased motor vehicle accident victim, as well as the victim’s parents and fiance. In their complaint, the plaintiffs alleged that the defendant driver and the employer…
According to Court, Plaintiff Suffered Similar Harm in California Bus Accident Lawsuit Earlier Litigated, Bars Re-Litigation Claim in Separate Lawsuit
The California Court of Appeal recently concluded that a plaintiff’s complaint against the San Diego Metropolitan Transit System and the San Diego Transit Corporation (MTS) was barred by the doctrine of res judicata. This doctrine bars re-litigating the same cause of action between the same parties when there has been…
California Court Holds Plaintiff’s Claims Against the City of Los Angeles Following a Bicycle Accident Were Not Timely
Nine months after an accident on a city-maintained road, the plaintiff brought a personal injury claim for damages against the City of Los Angeles. The Court of Appeals recently affirmed an order set forth by the lower court in that case, dismissing the plaintiff’s Los Angles bicycle accident case and…
Fatally Injured California Worker’s Dying Declarations Should Have Been Admitted at Trial as Exception to Hearsay Exclusion
Recently, the California Court of Appeal reversed a trial court judgment in favor of the defendants that had granted their motion for summary judgment on the plaintiffs’ negligence allegations. After a victim suffered injuries at work and eventually died, the relatives brought a negligence claim against his employer and another…
Court Holds Plaintiff was Injured by Defendant’s Breach of Duties Owed to the Public Under California Law
In a California premises liability case involving whether the trial court properly applied the Medical Injury Compensation Act’s (MICRA) one-year statute of limitations for professional negligence, the appellate court held that it had been an error to apply the one-year statute of limitations for professional negligence. The court assessed whether the…
California Court Holds No Error in Lower Court’s Judgment Dismissing Plaintiff’s Complaint After Motor Vehicle Collision Because Statute of Limitations Had Run
After plaintiffs filed a personal injury complaint against a defendant for injuries sustained in a California car accident, the defendant demurred to the complaint on the ground that the statute of limitations had run. The lower court sustained the demurrer and entered judgment in favor of the defendant. On appeal,…
California Court Affirms Judgment in Favor of Defendants After Finding Plaintiff Injured in Hot Air Balloon Had Not Shown Defendants Breached Duty of Care
In a recent Southern California personal injury case before the Court of Appeal, the judgment in favor of the defendants was affirmed. The plaintiff in this case was injured when the basket carrying her in a hot air balloon crashed in Temecula wine country. On appeal, the court affirmed the…