News & Resources

Case Summaries

Injury & Tort Law

[08/14] Jacobs v. Coldwell Banker Residential Brokerage Company
Affirming the grant of summary judgment to the defendant in the case of a plaintiff who was injured when, while inspecting a home offered for sale, the diving board he was standing on collapsed and he fell into the property's empty pool, because although the plaintiff claimed that they were also arguing the existence of a dangerous condition this claim was never pled and even if it had been it would have failed because the accident was not reasonably foreseeable.

[08/10] Towery v. State of California
Affirming the determination, in the case of a man who caught valley fever while incarcerated in a state prison, that the State is immune from liability against a Bane Act cause of action because, subject to exceptions not relevant to the claim, a public entity is not liable for an injury to any prisoner.

[08/10] Parrish v. Watkins
Affirming the Court of Appeals determination that while a case's success after a hearing on the merits typically forecloses subsequent malicious prosecution claims; a case that survives a motion for summary judgment but is determined to have been brought in bad faith after trial does not foreclose malicious prosecution actions under the interim adverse judgment rule.

[08/10] Parrish v. Watkins
Affirming the Court of Appeals determination that while a case's success after a hearing on the merits typically forecloses subsequent malicious prosecution claims; a case that survives a motion for summary judgment but is determined to have been brought in bad faith after trial does not foreclose malicious prosecution actions under the interim adverse judgment rule.

[07/27] Toeppe v. City of San Diego
Reversing the final judgment following a motion for summary judgment by the defendant city in the case of an injury that occurred when a tree branch fell on a woman walking through a city park because trail immunity did not apply and a disputed issue of material fact existed as to where the woman was when the tree branch struck her.

[07/27] Taylor v. Trimble
Affirming the summary judgment for the defendants in the case of a child who drowned in a pool while under the care of his grandfather while guests at the respondents' home because the grandfather's supervision meant that the hosts were not negligent and owed no duty of care to protect the child and premises liability claims failed to raise a triable issue of fact as to causation.

[07/26] The Estuary Owners Assn. v. Shell Oil Co.
Affirming trial court rulings that causes of action for negligence were barred by the three-year statute of limitations but reversing summary judgment ruling as to causes of action for nuisance that were not barred by the 10-year statute of repose in the case brought by condo owners for the allege contamination of soil and groundwater at the site of their homes.

[07/25] County of San Mateo v. The Superior Court of San Mateo County
Denying a petition for writ of mandate seeking to overturn the trial court's denial of the county's motion for summary judgment in the case of a child crushed and seriously injured when a large tree fell in a county park campground. The county sought to dismiss the case by claiming 'natural condition immunity,' but there are triable issues of fact relating to whether the campground counts as unimproved public property.

[07/25] Tannerite Sports, LLC v. NBC Universal News Group
Affirming the dismissal and judgment in the case of a plaintiff manufacturer of exploding rifle targets against the NBC news group for defamation because the plaintiff failed to establish that the defendant had made a false statement about the plaintiff when they called the targets bombs and expressed concerns about their potential for misuse.

[07/25] David v. Hernandez
Affirming a jury decision that found that the plaintiff in a personal injury suit arising from a car accident would be reasonably certain to need four future shoulder surgeries, based upon expert testimony, and the trial court's decision to exclude expert testimony that the plaintiff's ability to drive was impaired by marijuana use because although the driver tested positive for THC there was no evidence of impairment.

[07/21] Chugach Management Services Zurich American Insurance Co. v. Jetnil
Denying the petition for review of the award of disability benefits under the Defense Base Act and the application of a judicially-created 'zone of special danger' doctrine to a local national injured while employed by a government contractor overseas.

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