A tree branch fell on a woman while she and her boyfriend were walking through Mission Bay Park. She filed suit against the City of San Diego, alleging the existence of a dangerous condition on public property, namely a negligently maintained eucalyptus tree. The city prevailed on summary judgment, arguing that the woman was struck […]
A pedestrian sued a driver for negligence following a collision between them in which the pedestrian was injured. Before trial, the parties stipulated that the driver was negligent. Therefore, the only issue for the jury to decide was damages. The jury found that the driver’s negligence was a substantial factor in the harm suffered by the pedestrian […]
A February lawsuit filed in San Luis Obispo (“SLO”) Superior Court claims that a member of a California Polytechnic State University (Cal Poly) fraternity chased the plaintiff into a glass panel in the fraternity house. The negligence lawsuit against the fraternity, Alpha Gamma Rho, seeks damages exceeding $25,000. This is one of many controversies in […]
A woman and her four children sued two doctors and a medical group, alleging a cause of action for the wrongful death of the woman’s husband from medical malpractice during surgery. The doctors and their medical group filed a joint motion for summary judgment, with the doctors invoking the “Good Samaritan Law” (see Bus. & Prof., § […]
A Southern California man recently filed a lawsuit for negligence and assault against a Las Vegas hotel, claiming a mannequin inside his hotel room frightened him and caused him to suffer injuries while fleeing.The plaintiff filed the lawsuit against Planet Hollywood Resort and Casino in Clark County District Court. He is seeking over $10,000 in […]
A plaintiff appealed from the trial court’s entry of judgment on a jury’s defense verdict in his personal injury lawsuit against Asplundh Tree Expert Company. On appeal, he challenged the sufficiency of the evidence to support the verdict and contended misconduct by Asplundh’s trial attorney also required reversal of the judgment. The appeals court affirmed the […]
In September 2015, actress Tori Spelling filed suit in Los Angeles Superior Court against Benihana for injuries she suffered after falling onto a hibachi grill. Finally, a trial date has been set. The last status conference is scheduled for June 27; the trial date for July 10.On April 5, 2015, Spelling and her family celebrated […]
A 12-year-old severely injured by a 75-foot tree that fell on his tent while he was camping sued PG&E, which owned and maintained a power line in the San Mateo County Memorial Park. The trial court denied the company’s motion for summary judgment under the state’s recreational use immunity statute, codified by California Civil Code […]
A California appellate court recently reversed a trial court’s order granting summary judgment to a defendant employer in a workplace negligence action. The Fourth District Court of Appeals reasoned that it could not state as a matter of law that the employee was not on a business errand while commuting from his home to the employer’s […]
In October 2013, a victim’s car collided with an off-duty ambulance. The victim suffered a traumatic brain injury, along with other injuries. The victim’s infant daughter brought suit for loss of parental consortium against a number of defendants. The defendants demurred to her claim on the ground that a loss of consortium claim may not be maintained by a […]
