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    CALIFORNIA INJURY LAWYER BLOG

    Court Considers Negligence Per Se Instruction for Driver Stopped Between Highway and Exit Ramp

    A California appellate court recently decided a case where the plaintiffs requested a negligence per se instruction after a driver crashed into the defendant who had stopped to the side of the highway.

    California Court Dismisses Independent Contractor’s Workplace Injury Case

    A California appeals court recently dismissed a personal injury case against several defendants after an independent contractor was injured at a work site.

    Court Rejects Application of Firefighter’s Rule in Recent California Premises Liability Case

    In a recent personal injury case before a California appeals court, the court considered whether the firefighter’s rule applied in a case involving the plaintiff’s fall at an architectural residence.

    California Court Rejects Plaintiff’s Claim of Juror Misconduct

    Earlier this year, a state appellate court issued a written opinion in a California car accident case discussing whether the plaintiff was entitled to a new trial based on juror misconduct when a juror failed to disclose that he had been named in two prior lawsuits as a defendant. Ultimately, the court concluded that there was no misconduct, dismissing the plaintiff’s appeal.

    California Medical Malpractice Case Dismissed for Failure to Comply with Notice Requirements

    In a recent California medical malpractice case, the California Court of Appeals dismissed a case after the plaintiff failed to comply with the requirements for notifying a public entity of a claim.

    California Court Holds National Fraternity Is Not Liable for Injuries at Frat Party

    In a recent case before a California court of appeals, the plaintiff argued that a national fraternity was liable for injuries she suffered at a frat party.

    Liability in California Dog Attack Cases

    Under California personal injury law, the owner of a dog that bites or injures another person may be held liable for the injuries caused by their animal. However, the manner in which a California dog bite victim must go about in proving their case depends on the facts surrounding the accident.

    Court Holds Minority Tolling Is Not Available for California Claims Under the FTCA

    The Ninth Circuit Court of Appeals (the federal appeals court for all California district courts) recently considered a case in which a plaintiff argued that his claim should have been tolled when he failed to timely file while he was a minor.

    Court Determines California University Is Not Responsible for Injury at Fraternity Party

    In a recent California personal injury case, a student brought a negligence claim against the University of Southern California (USC) for injuries she suffered at a fraternity party. The student, who was not attending USC, was apparently attending a fraternity party near USC and was dancing on a makeshift platform when another person bumped into her. The student fell and suffered serious injuries as a result. The student claimed that USC had a duty to protect her from an unreasonable risk of harm and that the University failed to protect her by failing to shut down or prevent the party.

    California Appellate Court Dismisses Medical Malpractice Claim Based on Inadequate Expert Declaration

    In a recent case, a California appellate court dismissed a plaintiff’s medical malpractice claim because the expert declaration failed to sufficiently support the plaintiff’s claim. According to the court’s opinion, the plaintiff fell and broke her wrist, and was later referred to an orthopedic surgeon. The orthopedic surgeon put the plaintiff’s wrist in a cast. The cast was removed a few weeks later, but because the plaintiff’s wrist looked slightly malformed, a splint was put on her wrist, and she underwent physical therapy. The plaintiff’s wrist did not improve, and she eventually had two surgical procedures performed by another surgeon to correct the problem.