Man caused serious injuries to others when, due to an epileptic seizure, he lost consciousness while driving. Injured people sued the man as well as the man’s doctor who informed the DMV that “everything is good,” resulting in the restoration of the man’s driver’s license. The trial court granted the doctor’s motion for summary judgment […]
Sometimes Okay To Allege Punitive Damages Against Kaiser.
A Kaiser Foundation Hospital refused to perform an MRI despite the recommendation of the patient’s chiropractor, two acupuncturists and Kaiser’s own physical therapy department. After denying approval for the procedure for three months, it was finally performed and revealed “one of the fastest growing types of osteosarcoma.” Surgery resulted in loss of the patient’s right […]
No Payment, No Award.
An arbitrator terminated proceedings for lack of payment of fees. A party asked the superior court to confirm the “award.” The trial court denied the motion and set the matter for trial. The appellate court affirmed. Cinel v. Christopher (Cal. App. Second Dist., Div. 1; February 16, 2012) 203 Cal.App.4th 759, [136 Cal.Rptr.3d 763].
Volunteer Coach Unvolunteered.
Volunteer coached fourth grade basketball team in an after school program. When a problem arose with one boy, the coach tried to work things out with his parents to no avail. The parents rallied others to remove the coach, and the coach was told not to return the next year. The coach, a lawyer who […]
Emotional Distress Damages For Pet Owner Upheld.
Neighbors had a long-standing dispute. At one point, the neighbor who owned a 12-15 pound dog named Romeo heard Romeo bark, then squeal, opened the gate to his yard and saw defendant holding a baseball bat. He called out, “Why did you hit my dog?” Defendant responded: “You need to be more courteous and get […]
No Domestic Partnership Prior To Death, No Survivor Benefits.
On a Saturday morning, two people completed a notarized declaration of domestic partnership. That afternoon, one of them died. The following Monday, the survivor filed the declaration with the Office of Secretary of State. Thereafter, the survivor applied for the decedent’s state pension survivor benefits. The administrative board of the state pension system ruled the […]
In Michigan, a man was pumping gas when he spotted a lone
Desserts this delightful may not wait until the end of the meal to make their debut. A mini pie could greet each guest at their assigned seat, perhaps even wrapped to take home as a party favor, said Cone, adding: “Have fun with this. There are so many ways to display these treats, and they […]
Use autumn colors, fall foliage, and colorful fruits of the
Shops are closed, tourists and pilgrims are nowhere to be found and Manger Square and the Church of the Nativity, built over the traditional site of Jesus’ birthplace, are virtually empty.Jumana Abbas is the Public Relations and Media Officer for the Bethlehem 2000 project, which was set up to renovate the city’s infrastructure in preparation […]
Insurance Company Can Require Insured To Obtain Its Consent Before Assigning Interest In Policy.
One Fluor Corp. assigned its rights under liability policies to another Fluor Corp. when they underwent complex corporate restructuring. In a declaratory relief action, the liability insurer objected that its approval was not given pursuant to a consent to assignment provision in the policy. Fluor contended the provision was void under an 1872 statute which […]
Marilyn Monroe’s Estate Estopped From Claiming A Posthumous Right Of Publicity.
Marilyn Monroe’s will was probated in New York which does not recognize a posthumous right of publicity. Both the federal trial and appellate courts concluded that because her executors consistently represented during the probate proceedings that she was domiciled in New York at her death to avoid paying California estate taxes, they are judicially estopped […]
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