In an unpublished opinion, a California Court of Appeal held that the owner and manager of a bar was not responsible for the death of a woman who had been served alcohol and allowed to drive home while intoxicated. In reaching this conclusion, the court affirmed the lower court’s decision to…
In a personal injury lawsuit following a devastating drowning accident of two toddlers, the California Court of Appeal affirmed the lower court’s grant of summary judgment in favor of the defendant landowner. The issues before the court in this appeal included standing, or the ability of the plaintiff to pursue…
In an unpublished opinion, the California Court of Appeals analyzed whether the evidence supported a lower court’s determination that a railroad company was not negligent in regard to the fatalities of two minors who drove their vehicle onto railroad tracks on the morning after Halloween. In the dark, early morning hours after…
In a recent appeal, the California Court of Appeal addressed whether a personal representative in a wrongful death lawsuit represents the heirs in the proceeding. While a personal representative may have interests that align with the interests of a particular heir, the rule is that their duty is to stand in…
In a recent California Court of Appeals case, the court addressed whether a claim for an injury, potentially separate from a contributing work-related condition, can be brought against an employer in a civil action. Typically, work-related injuries are covered by the California Workers’ Compensation Act, and injured employees are barred from…
In a wrongful death lawsuit, the California Court of Appeals addressed the standard of care applicable to medical staff, including physicians and surgeons as well as nurses and hospitals in general. Yvonne Lattimore brought a wrongful death action against the doctors and the medical system at Salinas Valley Memorial Healthcare System…
The California Supreme Court recently clarified the standard of causation in workers’ compensation death cases. Recognizing the different causation standards in tort law and the workers’ compensation system, the court in this case determined the contributing factor standard as the appropriate link in work-related injuries.The devastating facts of this case demonstrate that Brandon…
In a recent pedestrian accident case, Killings-Rodriguez v. City of Los Angeles, Cal. Ct. App. (2015), the California Court of Appeals issued a decision regarding the appeal from a summary judgment motion in a case that alleged a certain intersection was dangerously unsafe. In the case, two girls were crossing the…
In a very difficult to discuss fact scenario, Arroyo v. Plosay, 225 Cal. App. 4th 279 (2014), the California Court of Appeals, 2nd Dist., reached a decision regarding the disposition of a case that alleged wrongful death and medical malpractice in the treatment of a woman whom plaintiffs suspected had been wrongfully…
The California Court of Appeal for the 2nd District, recently issued an instructive opinion on the area of medical malpractice wrongful death cases. In the case, Tam v. Garfield Med. Ctr., Inc., Cal. Ct. App., 2nd Dist. (2014), the plaintiff’s father, Mr. Tam, was involved in a serious car accident…