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Articles Posted in Personal Injury

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California Court of Appeal Held County Not Entitled to Summary Judgment When Triable Issues Remain Regarding Cause for Tree Fall

The California Court of Appeal recently upheld the trial court’s denial of a county’s motion for summary judgment in a California personal injury lawsuit involving the Government Code “natural condition immunity” claimed by San Mateo County after a 72-foot diseased tree fell on a sleeping child’s tent, causing catastrophic injuries.…

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California Court Upholds Summary Judgment in Favor of Elevator Maintenance Company After Plaintiff Suffered Injuries in Falling Elevator

The California Court of Appeal recently addressed an appeal brought by a plaintiff who alleged his injuries were caused by a defective elevator.   Southern California injury lawyers understand that in cases like this, there may be legal claims against more than one defendant.  In this case, the plaintiff initially…

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California Court Finds Plaintiff Assumed Risk Inherent in Horseback Endurance Riding, Not Entitled to Compensation for Injuries Caused by Defendant’s Horse

California personal injury attorneys understand that individuals who participate in certain sports may place themselves at risk of injury. In a recent personal injury lawsuit, the plaintiff had alleged that the defendant’s negligent, reckless, or intentional misconduct harmed her.  She also alleged that the defendant had an animal with a dangerous…

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California Court Holds Homeowners May Be Liable for Harm to Contractor’s Employee When They Failed to Disclose Known Hazard

After suffering injuries in a fall while working in the defendants’ home, the plaintiff in a recent personal injury case before the California Court of Appeal brought causes of action for premises liability and negligence.  A lower court granted summary judgment in favor of the defendant homeowners, but the appellate…

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California Appellate Court Affirms Judgment in Favor of Firefighters After Plaintiff Suffered Severe Injuries at Fire Base Camp  

After suffering injuries when a water truck ran over her at a fire base camp, a plaintiff in a recent case before the California Court of Appeal brought a lawsuit against the Fire District and their employees. She alleged that her damages were caused by their negligence, a dangerous condition of…

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California Court Holds in Favor of Injured Plaintiffs, “Trail Immunity” Does Not Extend to Public Golf Course that Causes Injuries to Pedestrians Nearby

The California Court of Appeal reversed a decision in favor of a golf course owned by the City of Pasadena in a lawsuit brought by a baby and his mother after the baby was injured while on a trail adjacent to the golf course. The issue before the appellate court was…

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Defendant Entitled to Defense as Contractor to U.S. Government, Plaintiff Not Entitled to Recovery for Injuries Suffered from Exposure to Chemicals in California

In a recent case before the California Court of Appeal, the court addressed whether the lower court had properly ruled in favor of the defendant, a company that shipped chemicals to the government that allegedly caused the plaintiff injuries while he was working for the government. The plaintiff alleged he…

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California Court Holds Employer Has Duty of Care to Protect Wife of Employee from “Take Home Exposure” to Asbestos

The California Court of Appeal recently found in favor of a plaintiff who alleged that she had developed mesothelioma due to her husband’s exposure to asbestos fibers at work. The significance of this opinion is that it relies upon new case law set forth by the state Supreme Court. In…

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California Law Proposes “Idaho Stop” for Bicyclists Approaching Intersection in Effort to Reduce Accidents

A proposed bill to be considered by California lawmakers will allow bicyclists to yield at stop signs, as opposed to coming to a complete stop, provided there is no oncoming traffic.  Assembly Bill 1103, is based on the “Idaho Stop” law that permits bicyclists within that state to treat stop…

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California Court Holds Jury Could Reasonably Conclude Plaintiff’s Allegation of Causation in Tree Trimming Accident was Speculative and Evidence Supported Their Verdict in Favor of Defendant

In a personal injury claim following an accident while trimming trees, the plaintiff argued that the defendant tree trimming company’s negligence caused his injuries.  After the jury returned a verdict in favor of the defendant, the California Court of Appeal reviewed whether substantial evidence supported their finding.  In their analysis,…

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