Negligence

Civil Rights – Proposition 209

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…

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Insurance Coverage — Expected Damage Exclusion

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…

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Summary Judgment — Initial Burden of Proof

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…

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Liability Releases — Third Party Bystanders

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…

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Independent Contractors — Non-Delegable Duties

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…

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Emergency Medical Care – Comparative Fault

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…

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Insurance Adjusters: Negligent Misrepresentation

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…

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Respondeat Superior: Staffing Companies

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…

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Federal Preemption: Negligence Per Se

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…

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