Plaintiff mother sued for negligent infliction of emotional distress. She was on the telephone with her daughter while the daughter drove a car at an intersection where her vision of on-coming traffic was obscured by defendants' negligent maintenance of vegetation on adjoining property. That mother heard the crash on the phone was insufficient in itself to allow her to sue. … Read More
Plaintiff tripped over the rear wheel of a Bird electric scooter that the user had parked with its rear wheel protruding into a public sidewalk. The City of Los Angeles was not liable for failing to enforce conditions of its license which allowed Bird to operate in the city since the city exercised discretion in determining whether to enforce the… Read More
Following Canister v. Emergency Ambulance Service, Inc. (2008) 160 Cal.App.4th 388, this decision holds that MICRA's one-year from discovery limitations period applies to a claim that plaintiff was injured by an automobile accident caused by the EMT's negligent driving of the ambulance taking plaintiff to a hospital. The negligence occurred in the rendering of services for which a provider is… Read More
Following Roldan v. Callahan & Blaine (2013) 219 Cal.App.4th 87, this decision affirms an order denying arbitration after the defendant refused to pay all arbitration costs. Substantial evidence supported the trial court's finding that Daniel Hang was indigent when he died while in defendant's care. His son brought suit for elder abuse and negligent hiring and supervision as Hang's successor-in-interest. … Read More
Owner sued waterproofing company in 2013 claiming its poor application of waterproofing materials on the roof of owner's building caused leaks in the roof. The jury verdict was in favor of the waterproofing company. Though finding it was negligent, the jury concluded defendant's negligence did not cause the leaks or other damage to the building. Several years later, owner sued… Read More
Plaintiffs entered into arbitration agreements with Pacific as part of their agreements for Pacific's cryogenic preservation of their sperm or eggs. One of the cryogenic tanks in which the specimens were to be preserved failed. This decision holds that the manufacturer and distributor of the failed tank could not compel arbitration under the plaintiffs' agreements with Pacific to which the… 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
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
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
Plaintiff, a jewelry store, stated a viable breach of contract action against Sotheby's. Plaintiff owned $4 million in diamonds which it had obtained from Rechnitz as security for his debt. Plaintiff and Rechnitz met with a Sotheby's agent, giving him the diamonds to have appraised for possible auction at Sotheby's. Sotheby's form contract referred to only a single consignor, but… Read More
The trial court correctly granted defendant summary judgment in this slip-and-fall injury suit in an exercise facility's sauna room. The release of claims in the fitness center's membership agreement absolved the fitness center of liability for ordinary negligence. Plaintiff failed to submit evidence creating a triable issue of fact as to gross negligence. She claimed to have fallen because the… Read More
Plaintiffs sued claiming they had been sexually molested while minors by a Roman Catholic priest. They sought to hold the Archdiocese vicariously liable for ratifying the molestation and directly liable for its own negligence in failing to supervise the priest. The trial court correctly denied the Archdiocese's Anti-SLAPP motion. The allegations about the Bishop's supporting the priest's defense of another… Read More
Defendant admitted negligence in an auto accident case. But the trial court correctly denied plaintiff's motion for a directed verdict on causation. Defendant's expert said only that the accident caused additional injury "if the plaintiff's testimony is believed." The jury could and did disbelieve plaintiff. Plaintiff could not complain on appeal about the wording of jury instructions since he invited… Read More
A written waiver or release of future negligence claims or assumption of the risk in order to participate in recreational activities is enforceable. Here, a high school required its football team players to sign such a release. It barred plaintiff's claim for negligence in failing to diagnose the concussion he suffered playing football which led to serious brain damage. Plaintiff… Read More
The Supreme Court holds that lenders and loan servicers do not owe borrowers a duty of care in handling their loan modification applications. Lender and borrower are in privity of contract, and the economic loss rule prevents recovery for purely economic loss based on negligence between contracting parties. The Biakanja factors apply only to parties not in privity of contract. … Read More
Distinguishing and disagreeing with Henriksen v. City of Rialto (1993) 20 Cal.App.4th 1612, this decision holds that the City is vicariously liable under respondeat superior for the negligence of one of its police officers in fail to secure a Police Department-approved, secondary firearm upon returning home from work. The policeman left the gun, unlocked, in his car when he returned… Read More
Torts, Medical Malpractice, Abandonment of Patient, Reliance on Other's Good Conduct, 1, 1 The trial court did not err in this medical malpractice case in not giving CACI 509, dealing with a doctor's abandonment of the patient. For the instruction to be applicable, the doctor must accept the patient into his care and then refuse to treat the patient without… Read More
Under Welf. & Inst. Code 15610.57 and 15657, authorize enhanced remedies for the negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise." Building on Winn v. Pioneer Medical Group, Inc. (2016) 63 Cal.4th 148, this decision… Read More
Gov. Code 831.7 (dealing with hazardous recreational activities) immunizes Santa Barbara from liability for the death by drowning of a paddle boarder. Stand-up paddle boarding is a hazardous recreational activity. Santa Barbara had no duty to warn as the risk of falling from the paddle board and drowning was inherent in the sport. Santa Barbara was not grossly negligent, having… Read More
The trial court erred in granting defendant summary judgment in this suit by a spectator injured by a foul ball during a college baseball game. Despite primary assumption of the risk, the venue has a duty to take reasonable steps to increase safety and minimize the risk of injury to spectators at its baseball games, if it could do so… Read More
