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CALIFORNIA INJURY LAWYER BLOG

California Appeals Court Holds Subrogation Includes “All Benefits” Paid by Employer in Slip & Fall Indemnity Case

December 8, 2017/in Negligence, Premises Liability, Slip & Fall/by Neumann Law Group

A plaintiff sued Wal-Mart for injuries she sustained at one of Wal-Mart’s stores while acting within the course and scope of her employment with Acosta, Inc. The trial court found Wal-Mart liable for the plaintiff’s injuries. Under California Labor Code sections 3852 and 3856, appellant Hartford Accident & Indemnity Company (Hartford) applied for a lien […]

California Appeals Court Holds Church Not Liable for Accident Related to Adjacent Parking Lot

December 1, 2017/in Negligence, Personal Injury, Premises Liability/by Neumann Law Group

A plaintiff was hit by a car as he crossed a street between defendant Grace Family Church and the church’s parking lot. He sued the church for negligence, alleging that the church was negligent in breaching its duty of care to help him safely cross the street. The trial court granted the church’s motion for […]

California Appeals Court Holds Defendant Building Owners Not Responsible for Attack On Building Manager

November 22, 2017/in Negligence, Personal Injury/by Neumann Law Group

The sole proprietor of a property management company, independent contractor plaintiff, was assaulted by two young men while on the premises of an apartment building he managed for the owner, defendant Kavian LLC. He sued the defendant and its two co-managing members (Mr. H.) for negligence and breach of contract. This blog post will focus […]

California Appeals Court Holds Personal Injury Plaintiff’s Appeal is Inadequate for Review

November 9, 2017/in Negligence, Personal Injury, Premises Liability/by Neumann Law Group

The plaintiff sued defendant Target for injuries due to the defendant’s negligence. The plaintiff claimed she was cut by a plastic price tag holder that was sticking out into the aisle. The jury returned a verdict in the defendant’s favor, finding there was no dangerous condition. Finding that the appellate record and the plaintiff’s briefs […]

California College Student Injured in Las Vegas Massacre Files Suit

November 2, 2017/in Negligence, Personal Injury, Premises Liability/by Neumann Law Group

On October 1, 2017, a gunman opened fire on a crowd of concertgoers at the Route 91 Harvest music festival on the Las Vegas strip. The gunman fired hundreds of rifle rounds from his suite on the 32nd floor of the Mandalay Bay hotel. The shooting left 58 people dead and 546 injured, making it […]

Los Angeles Parking Lot Beating Victim Sues Dodgers

October 16, 2017/in Assault, Negligence, Premises Liability, Sports Injury/by Neumann Law Group

Two people recently filed a California premises liability claim based on an alleged beating in the Dodger Stadium parking lot following a 2015 playoff game. The victim claims to have suffered a traumatic brain injury from the attack. The plaintiffs filed suit in L.A. Superior Court against the Dodgers and the two alleged attackers. The […]

California Appeals Court Affirms Judgment for Defendant in Elder Abuse Case

October 9, 2017/in Elder Abuse, Negligence/by Neumann Law Group

Plaintiffs appealed from a judgment following a jury verdict in favor of the defendant in a California elder abuse action arising from the medical care and death of an elderly woman. On appeal, they challenged the special verdict form, the jury instructions, the exclusion of evidence, and the conduct of the jury. The Third District […]

California Appeals Court Holds Bike Injury Lawsuit Must Go to Jury

October 2, 2017/in Bicycle Accident, Car Accident, Respondeat Superior/by Neumann Law Group

While riding his bicycle, a victim collided with the door of a driver’s personal vehicle when the driver opened the door. The bicyclist sued the driver and the driver’s employer, alleging negligence and respondeat superior liability. The lower court granted summary judgment in the employer’s favor on the ground that the “going and coming” rule […]

California Appeals Court Upholds $5,000 Non-Economic Damages Award Following Slip & Fall

September 20, 2017/in Personal Injury, Slip & Fall/by Neumann Law Group

A plaintiff brought a lawsuit against Valencia-Penales Care Services, Inc. and two individuals in connection with injuries she incurred from a fall. The matter proceeded to a jury trial. The plaintiff appealed from a judgment and order denying her motion for a new trial, contending that the non-economic damages she was awarded by the jury […]

Appeals Court Upholds Ruling for Defendants in California Car Accident Case

September 13, 2017/in Car Accident, Negligence, Personal Injury/by Neumann Law Group

A woman and her daughter were in two automobile accidents. One defendant rear-ended them in the first. In the second, another defendant broadsided them while they were driving together two months later. The plaintiffs sued both defendants, and by the time of trial, both defendants had admitted the accidents were their fault; the defendants, however, […]

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