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Posted in Negligence on November 17, 2015
Baez v. California Public Employees’ Retirement System (Second District, May 8, 2015) 186 Cal.Rptr.3d 781, 15 Cal. Daily Op. Serv. 4519, 2015 Daily Journal D.A.R. 5150 A Latino investment fund manager sued the California Public Employees’ Retirement System (CalPERS) and its chief investment officer, alleging that the defendants had denied him the opportunity to manage…
Posted in Dangerous Conditions,Negligence,Premises Liability on October 26, 2015
Rosas v. BASF Corporation (Second District, May 21, 2015) — Cal.Rptr.3d —-, 15 Cal. Daily Op. Serv. 5042, 2015 Daily Journal D.A.R. 5570 A worker at a food flavoring plant filed an action against several manufacturers of diacetyl, a chemical used in food manufacturing. The plaintiff alleged that as a result of his workplace exposure…
Posted in Negligence on October 1, 2015
Gonzalez v. Fire Insurance Exchange (6th Dist., February 2, 2015) 184 Cal.Rptr.3d 394, 15 Cal. Daily Op. Serv. 2240, 2015 Daily Journal D.A.R. 2579 A woman filed an action against several members of a college baseball team, alleging that they had sexually assaulted her at a party while she was intoxicated and unconscious. The complaint…
Posted in Negligence,Premises Liability on September 11, 2015
Fazio v. Fairbanks Ranch Country Club, — Cal.Rptr.3d —-, 2015 WL 367100 A professional musician who was injured when he fell from a stage while setting up equipment for his bass guitar prior to a performance, filed suit against the property owner. The plaintiff alleged that the defendant was negligent, and that the premises were…
Posted in Negligence on August 25, 2015
Eriksson v. Nunnink, — Cal.Rptr.3d —-, 2015 WL 332278 The parents of a 17-year-old equestrian competitor who was killed when the horse she was riding tripped over a hurdle and fell on her, filed an action for wrongful death and negligent infliction of emotional distress against their daughter’s riding coach. Although the girl and her…
Posted in Negligence on August 21, 2015
Vargas v. FMI, Inc., — Cal.Rptr. —-, 15 Cal. Daily Op. Serv. 861, 2015 Daily Journal D.A.R. 1014 An independent contractor who was part of a two-man team driving a tractor-trailer cross-country was in the truck’s sleeper berth when the driver rolled the vehicle over, causing him to sustain injuries. The injured passenger filed suit…
Posted in Latest News,Negligence on August 17, 2015
Harb v. City of Bakersfield, — Cal.Rptr.3d —-, 15 Cal. Daily Op. Serv. 877, 2015 Daily Journal D.A.R. 1001 A doctor who suffered a stroke while driving and then ran his car onto a sidewalk was arrested and handcuffed by a police officer who assumed he was intoxicated. The first ambulance called to the scene…
Posted in Negligence on February 2, 2015
Bock v. Hansen, (First District, April 2, 2014) 2014 WL 1315314, — Cal.Rptr.3d —- Two homeowners who suffered property damage when a 41-foot long, 7,300 pound tree limb crashed onto their house, filed an action against their insurance carrier and the adjuster who was assigned to the claim. The plaintiffs asserted, inter alia, a cause…
Posted in Negligence on December 1, 2014
Montague v. AMN Healthcare, Inc., (Fourth District, February 21, 2014) — Cal.Rptr.3d —, 2014 WL 659690 A hospital employee who was injured when a coworker intentionally placed carbolic acid in her water bottle following a dispute at work, filed suit against the coworker and the staffing company which had hired her and assigned her to…
Posted in Negligence on November 17, 2014
Coleman v. Medtronic, Inc., (Second District, January 27, 2014, as modified February 3, 2013) 223 Cal.App.4th 413, 167 Cal.Rptr.3d 300. A man who suffered painful complications following spinal surgery to implant a bone fusion device, filed suit against the manufacturer, asserting, inter alia, causes of action for strict liability failure to warn and negligence. The…