In this case involving a slip-and-fall on a sidewalk on defendant's property, the trial court erred in granting the defendant summary judgment under the trivial defect doctrine. Defendant failed to meet his initial burden of showing the discontinuity of pavement was a trivial defect, providing only a declaration that stated the conclusion that the separation was less than an inch… Read More
A shopping center landlord was not entitled to immunity from an independent contractor's personal injury suit under Privette v. Superior Court (1993) 5 Cal.4th 689 because the landlord did not hire the contractor. A shopping center tenant did. Also, the landlord did not delegate to the tenant the landlord's responsibility for maintaining in safe condition the portion of the premises… Read More
A school owes its minor students a duty to take reasonable measures to protect them against foreseeable harm from third parties. So, while the school cannot be held vicariously liable for an employee's sexual abuse of a student (because sexual abuse is outside the course and scope of employment), the school may be held liable for negligent hiring, supervision, and… Read More
The economic loss rule does not bar a claim for fraudulent inducement to buy a car. Plaintiffs here alleged that Nissan fraudulently induced them to buy a Nissan Sentra by intentionally concealing facts about its defective transmission which caused dangerous gaps in power to the wheels. Under the reasoning of Robinson Helicopter Co. v. Dana Corp. (2004) 34 Cal.4th 979,… Read More
Plaintiff was injured in an accident on his Yamaha dirt bike. He said the authorized Yamaha dealer from whom he bought the bike had installed the throttle mechanism improperly, leading it to fall off the bike, causing the accident. The jury verdict and judgment in favor of Yamaha Motor Corp., U.S.A., the US distributor of the bike was reversed because… Read More
This decision affirms an order enforcing a settlement agreement that resolved 20 medical malpractice actions--even though the agreement for liquidated damages of $50,000 per month up to a cap of $1.5 million if the defendant failed to timely pay the installments due under the $575,000 settlement amount. The opinion emphasizes that under Civ. Code 1781(b), which applies to contracts other… Read More
Plaintiff came to defendant's emergency room and was given an MRI without first checking to see if he had metal implants. He did and was burned as a result of the procedure. This decision affirms JNOV on plaintiff's elder abuse claim. Plaintiff could not show a case of "neglect" since defendant did not have care or custody of plaintiff. The… Read More
Distinguishing Hernandez v. KWPH Enterprises (2004) 116 Cal.App.4th 170, this decision holds that the ambulance EMTs transporting plaintiff from one psychiatric hospital to another owed her a duty of care to prevent her from harming herself. Hernandez involved a patient who voluntarily asked to be transported to a hospital but then freaked out after she arrived there. In this case,… Read More
The hirer of an independent contractor may, despite the Privette doctrine, be liable for injuries suffered by the contractor's employees if the hirer furnishes faulty equipment and asks or requires the contractor or its employees to use that equipment. But not so if the hirer merely allows the contractor or its employees to use the faulty equipment. In the latter… Read More
The trial court correctly granted the defendant water pipe (hookah) manufacturer judgment on the pleadings against plaintiff's claim that it violated Prop. 65 by failing to warn that if used to smoke marijuana, the hookah would expose the smoker to marijuana smoke that contains carcinogens. The opinion follows regulations implementing Prop. 65 in holding that the proposition covers only products… Read More
The trial court erred in granting defendant summary judgment based on expiration of the statute of limitations (CCP 340.5) in this medical malpractice case arising from a stillbirth following an operation to turn the fetus to a head-down position for birth. There was a question of fact as to whether plaintiff subjectively suspected malpractice the day before delivering the stillborn… Read More
During construction of a development in South Lake Tahoe, a worker for a subcontractor slipped on an icy floor, falling from a ladder and injuring himself. This decision holds that the trial court granted defendant summary judgment based on the Privette doctrine which bars claims by an injured worker for an independent contractor against the hirer of that contractor. This… Read More
The police owe a duty of care in employing deadly force. However, that duty applies only where it is the police's use of force that kills or injures the plaintiff, not where, as in this case, the police's use of force triggers another person to engage in violence that kills or injures the plaintiff. Here, the police fired at an… Read More
(A school district did not owe students a duty of care to prevent a teacher's husband from entering the classroom and killing her in front of her students, thus causing the students emotional distress. The husband's violent criminal behavior was not reasonably foreseeable, as he had previously visited his wife at the school without incident. Also, protecting against this sort… Read More
(The Federal Tort Claim Act's discretionary function immunity did not shield the United States from liability for the alleged conduct of its employees in maliciously instigating false state court criminal charges against plaintiff (in retaliation for her whistleblowing). The employees' alleged conduct in knowingly lying under oath, tampering with witnesses, or fabricating evidence to support the false criminal charges had… Read More
This decision reverses a JNOV and new trial order overturning a jury verdict for plaintiff in this slip and fall accident caused by liquid on the floor tile of the defendant restaurant. The plaintiff offered a reasonable explanation for how the ten foot long, ten inch wide strip of liquid got on the floor in a location leading past the… Read More
Under Civil Code 846, landowners are generally immune from liability for personal injuries suffered by persons entering their property for recreational use. There is an exception to that immunity if the plaintiff was "expressly invited rather than merely permitted to come upon the premises by the landowner." This decision holds that despite the statutory wording, immunity is lost if the… Read More
The FCC's regulation governing the standards for the permissible amount of radio frequency emission from a cellphone (47 C.F.R. § 1.1310(c)) preempt plaintiff's state law claims that Apple's iPhones are unsafe even though they conform to the FCC's standards. The FCC issued its regulation under the broad authority that Congress conferred on it in the Federal Communications Act of 1934. … Read More
Silver, a Hollywood executive, took his chef and an executive assistant, Musgrove, with his family for their vacation on Bora Bora. The chef met Musgrove after hours and gave her alcohol and cocaine, after which she went swimming and drowned. This decision holds that Silver is not vicariously liable for the chef's after hours activities with Musgrove under any of… Read More
Since 2010, the public disclosure bar to a False Claims Act qui tam action (31 USC 3730) has applied to public disclosure of the same claim in an "other" Federal "hearing." This decision holds that ex parte patent prosecutions before the Patent Office are other hearings for this purpose. The statute was intended to encompass public disclosures made in federal… Read More
