In an unpublished opinion, the California Court of Appeal recently affirmed a judgment in favor of the City of Pasadena, after the trial court held that the plaintiff had not set forth evidence supporting his negligence claim, nor had he shown that he suffered damages, emotional distress, physical injuries, or…
In a recent California appeal, a plaintiff in a personal injury lawsuit following a motor vehicle collision argued that the trial court should not have admitted certain portions of the defendant’s medical expert’s testimony. Since the issues to be determined by the jury included negligence and causation, on appeal, the plaintiff…
In this recent opinion, the issue before the California Court of Appeal was whether a mobile home park owed a duty of care to prevent harm by a third party to residents of the park. The Court of Appeal addressed policy issues regarding extending a duty of care to the landlord…
The California Court of Appeals recently addressed whether a school was negligent by failing to supervise two students who fought on their way to high school, off school property. In this opinion, the court focused their analysis on duty and whether the school had undertaken a duty owed to the…
In an unpublished opinion, the California Court of Appeal affirmed a decision to refuse to recognize a child’s cause of action for loss of parental consortium. Loss of consortium is a claim for damages asserted by a plaintiff, typically a spouse or family member. The claim refers to the loss of emotional care, affection,…
In a recent case before the California Court of Appeal, the court held that the lower court had appropriately ruled in favor of the defendant in a personal injury and property damage claim. In fact, the appellate court determined that the trial court had not erred in dismissing the plaintiff’s…
Addressing the legal doctrine of assumption of risk, a California Court of Appeal recently upheld the lower court’s determination that defendant relatives were not negligent concerning the skiing injuries suffered by the 13-year-old plaintiff, their cousin and nephew. In determining that summary judgment had been properly granted, since the plaintiff’s claims were barred…
The California Court of Appeal recently reviewed a decision in favor of the defense in a personal injury lawsuit involving injuries sustained on a bus owned and operated by the Metropolitan Transit System (MTS). Specifically, the issue was whether the lower court had appropriately excluded expert testimony concerning the rate…
In an unpublished opinion, the California Court of Appeal analyzed the importance of carefully pleading causes of action. In this case, the beneficiaries of life insurance policies sued the insurance company and its agent. They claimed that it was negligence and a breach of contract to fail to provide policies…
Following a tragic accident involving a vehicle undergoing repairs, a plaintiff in a personal injury lawsuit received a favorable judgment from the California Court of Appeal recently. The appellate court reversed the lower court’s dismissal of his complaint based on a general release he had signed, immunizing the defendant from liability.…