Personal Injury

Mass Torts -CAFA

Briggs v. Merck Sharp & Dohme (United States Court of Appeals, Ninth Circuit, August 6, 2015)  — F.3d —-, 2015 WL 4645605 Five groups of plaintiffs filed personal injury and wrongful death actions in California state court, asserting various tort claims against manufacturers and a distributor of diabetes drugs. Each of the five cases has…

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Respondeat Superior – Sexual Assault

Z.V. v. County of Riverside (Fourth District, June 17, 2015) 238 Cal.App.4th 889, 189 Cal.Rptr.3d 570, 15 Cal. Daily Op. Serv. 7831, 2015 Daily Journal D.A.R. 8237 A 15-year-old who was sexually assaulted by a county social worker while in foster care brought an action against the worker and the County of Riverside. The plaintiff…

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Ostensible Agency – Medical Services

Whitlow v. Rideout Memorial Hospital, (Third District, June 9, 2015) 237 Cal.App.4th 631, 188 Cal. Rptr.3d 246, 15 Cal. Daily Op. Serv. 5902, 2015 Daily Journal D.A.R. 6373. The children of a woman who died from a massive brain hemorrhage two days after being treated for a headache at a hospital emergency room, filed an…

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Duty of Care — Religious Organizations

Conti v. Watchtower Bible & Tract Society of New York, Inc. (First District, April 13, 2015)  235 Cal.App.4th 1214, 186 Cal.Rptr.3d 26, 15 Cal. Daily Op. Serv. 3573, 2015 Daily Journal D.A.R. 4094 A woman who was molested as a child by an adult male member of her church congregation filed suit against her abuser,…

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Liability Releases — Products Liability

Grebing v 24 Hour Fitness USA, Inc. (2nd Dist., January 29, 2105) 234 Cal.App.4th 631, 184 Cal.Rptr.3d 155. A health club member who was injured while using exercise equipment known as a “low row machine” filed suit against the facility, asserting various theories of negligence and products liability. The plaintiff alleged that a connecting clip…

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Public Entities — Special Public Employees

State ex rel. Dept. of California Highway Patrol v. Superior Court (Supreme Ct. of Calif., February 26, 2015) 60 Cal.4th 1002, 343 P.3d 415, 184 Cal.Rptr.3d 354. A woman and her child who were injured when they were struck by a tow truck on Interstate 5 brought an action for personal injuries against the tow…

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Requests for Admissions — Use During Trial

Gonsalves v. Li, — Cal.Rptr.3d —-, 15 Cal. Daily Op. Serv. 375, 2015 Daily Journal D.A.R 473 A BMW salesman who was injured in a collision while riding as a passenger during a new vehicle test drive, filed suit against the driver who had caused the accident. At trial counsel for the plaintiff called the…

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MICRA Verdicts: Effect of Prior Settlements

Rashidi v. Moser, (Supreme Court of California, December 15, 2014) 60 Cal.4th 718, 339 P.3d 344, 181 Cal.Rptr.3d 59, 14 Cal. Daily Op. Serv. 13,880, 2014 Daily Journal D.A.R. 16,440 A patient who suffered blindness in one eye following a medical procedure relating to a nosebleed, filed an action for personal injuries against the doctor…

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Duty of Care: Social Host Liability

Ennabe v. Manosa, (Supreme Court, February 24, 2014) 58 Cal.4th 697, 319 P.3d 201, 168 Cal.Rptr.3d 440, 14 Cal. Daily Op. Serv. 1870, 2014 Daily Journal D.A.R. 2176 The parents of a 19-year-old man who was killed when he was struck by a drunk minor driving away from a private party, filed a wrongful death…

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Bicyclists:  Negligence Per Se

Spriesterback v. Holland (2013) 215 Cal.App.4th 255, 155 Cal.Rptr.3d 306 A bicyclist who was injured when he was struck on a sidewalk by a car exiting a supermarket parking lot, filed a negligence action against the driver. The plaintiff had been traveling eastbound on a sidewalk on the north side of the street against the…

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