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Articles Posted in Personal Injury

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California Appellate Court Holds Plaintiff Had Not Established Error in Jury’s Award of Damages Following Fall, Specifically for Decreased Quality of Life

Recently, the California Court of Appeal affirmed a judgment denying a plaintiff’s motion for a new trial on the ground that the damages that she was awarded by a jury in a California premises liability action were inadequate.  The court rejected the plaintiff’s argument that the award of $5,000 for…

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According to California Law, Judgment Affirmed in Favor of Defendant Because Plaintiff’s Injury Allegations Were Not Supported in the Record on Appeal

A California appellate court recently rejected an argument set forth by an individual who alleged the trial court erred in overlooking material facts, among other claims. The court focused on the fact that as the plaintiff in the underlying action, and the appellant, she had failed to cite portions of…

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California Appellate Court Holds in Favor of Defendant, Supports Jury Finding that Rear-End Collision Did Not Substantially Cause Plaintiff’s Alleged Injuries

The California Court of Appeal recently held in favor of the defendant in an underlying Southern California car accident lawsuit brought after a rear-end motor vehicle collision. The plaintiff in this case appealed the lower court’s judgment in favor of the defendant, finding that her negligence had not substantially caused…

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California Appeals Court Affirms Decision in Favor of Defendants Because Plaintiff Had Not Met Burden of Showing Triable Issue of Material Fact for Gross Negligence Claim

In a recent decision, the California Court of Appeal upheld a judgment in favor of the defendants after the plaintiff alleged that their negligence had caused his injuries, but he failed to meet his burden of proof.  After suffering injuries while participating in a class on motorcycle basic rider training…

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Hotel Not Entitled to Summary Judgment on Plaintiff’s Negligence and Premises Liability Claims as California Appellate Court Holds Issues of Material Fact Remain

Recently, the California Appellate Court reversed a judgment in favor of a defendant hotel after a plaintiff sued the hotel for breaching their duty of care by setting up a stage in a way that created a dangerous gap and eventually led to her falling and injuring herself.  In this…

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California Court of Appeal Upholds Award of $99,000 to Injured Plaintiff in Crosswalk Trip and Fall Lawsuit in Long Beach

In an appeal before the Second Appellate District, the California Court of Appeal addressed an appeal brought by the City of Long Beach after the lower court awarded $99,000 in pain and suffering damages to the 81-year-old plaintiff in a Southern California trip and fall case.  After reviewing the jury’s…

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California Appellate Court Affirms No Evidence of Contact by Phantom Vehicle Supporting Uninsured Motorist Claim After Rear-End Collision

After rear-ending another vehicle that had been stopped, an insured individual sought uninsured motorist benefits from his car insurer.  The insurer denied his claim, and the arbitrator denied damages to the appellant.  The appellant petitioned the trial court to vacate the arbitration award, and the California Court of Appeal affirmed…

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Appellate Court Holds Trial Immunity Does not Apply in Case Involving Serious Injuries Suffered by Falling Tree Branch While Victim Walked on Path in Mission Bay Park, California

In a recent decision, the California Court of Appeal held that the trial court erred in granting defendant’s summary judgment motion regarding plaintiff’s claim for dangerous condition of public property.  After suffering serious injuries when a tree branch fell on her while walking through Mission Bay, in San Diego, the…

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California Homeowner Not Responsible for Tragic Death of Five-Year-Old in Pool

In an appeal taken in a California swimming pool accident lawsuit following the drowning death of a five-year-old boy, the California Court of Appeal affirmed the judgment in favor of the defendants.  The issue before the appellate court was whether the defendants owed a duty of care and whether there…

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California Court Finds Truck Collision Victim Entitled to $3 Million Award for Costs of Future Surgeries

Following a California truck accident, the victim in a recent case before the California Court of Appeal pursued a personal injury claim against the truck driver and his trucking company.  The lower court awarded the plaintiff $3.3 million for damages, since he suffered serious physical injuries in the collision.  After…

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