The Mellor Law Firm, APLC

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When to Call a Personal Injury Attorney

June 5, 2020 by Mark Mellor

doctor fits woman's neck with a neck brace

It’s just a fact of life that people suffer injuries on a daily basis, and more often than not through no fault of their own. When bodily harm is caused by a negligent or willfully violent third party, the victim may be entitled to compensation, which can be awarded through a personal injury lawsuit. Unfortunately, […]

Filed Under: Negligence Law News, Personal Injury Law News

Expansion Of The Doctrine Of Primary Assumption Of The Risk.

February 26, 2016 by

Primary Assumption Of The Risk

Plaintiff, a United Parcel Service [UPS] delivery driver, was injured when he lifted a box with a shipping label prepared by a university that inaccurately stated the weight on the box. Concluding the university owed no duty to plaintiff and that the doctrine of primary assumption of the risk applies, the trial court granted summary […]

Filed Under: Appellate Law News, Assumption of the Risk Law News, Legal News, Negligence Law News Tagged With: 197 Cal.Rptr.3d 51, 243 Cal.App.4th 427, 443 P.2d 561, 69 Cal.2d 108, 70 Cal.Rptr. 97

Previously we reported: County Granted Summary Judgment On Dangerous Condition Of Public Property Claim.

February 2, 2016 by

A husband and wife were injured in an auto accident and brought an action against another motorist as well as the county for dangerous condition of public property. The complaint alleged the other driver was unable to see the plaintiffs as they pulled out from one road onto another. The county moved for summary judgment based upon design immunity and the plaintiffs opposed, contending the county disregarded its own methodology regarding sight distance.

Filed Under: California Supreme Court Law News, Government Law News, Legal News, Negligence Law News, Public Entity Law News Tagged With: § 830.6, 160 Cal.Rptr.3d 168, 195 Cal.Rptr.3d 773, 218 Cal.App.4th 286, 62 Cal.4th 340, Government Code, Government Code section 830.6, Govt.Code § 830.6, section 830.6

“It Has Nothing To Do With Satan, Mama. It’s Me,” Carrie White character in film “Carrie.”

December 30, 2015 by

assumption of risk

While exiting a haunted house attraction, a patron was confronted by a final scare known as the “Carrie” effect—so named because, like the horror film Carrie, patrons are led to believe the attraction is over, only to be met by one more extreme fright.

Filed Under: Appellate Law News, Assumption of the Risk Law News, Legal News, Negligence Law News, Personal Injury Law News Tagged With: 194 Cal.Rptr.3d 830, 242 Cal.App.4th 490

Defendant Did Not Demonstrate There Was No Material Issue Of Fact, So Summary Judgment Reversed.

December 22, 2015 by

Summary Judgment

Two plaintiffs in coordinated actions each worked as a mechanic for several decades at various facilities, and each degreased automotive parts with a process involving a solvent in a drum and the regular addition of mineral spirits to the drum when the grease built up. Defendant is the distributor of the mineral spirits, and plaintiffs allege the mineral spirits contain benzene, a known carcinogen.

Filed Under: Appellate Law News, Legal News, Negligence Law News, Product Liability Law News, Summary Judgment Law News Tagged With: 135 Cal.Rptr.3d 288, 194 Cal.Rptr.3d 243, 241 Cal.App.4th 1212, 266 P.3d 987, 53 Cal.4th 335

A Homeowner’s Nightmare.

December 21, 2015 by

workers’ compensation

Plaintiff was employed by a painting contractor which contracted with homeowners to paint the interior of their home. An hour into the job, plaintiff was injured when he fell 12-15 feet from a ladder provided by the contractor. It turns out that the painting contractor had informed the State he had no employees and was exempted from the requirement of having workers’ compensation coverage.

Filed Under: Appellate Law News, Legal News, Negligence Law News, Summary Judgment Law News, Workers Compensation Law News Tagged With: 241 Cal.App.4th 1044, 80 Cal. Comp. Cases 1311

Complex Scientific Causation Testimony.

November 4, 2015 by

Causation

Defendant is a pharmaceutical company and plaintiffs are persons who ingested a drug manufactured by defendant who allege they suffered from bladder cancer as a result of taking the drug for diabetes. At trial, plaintiffs’ expert testified that based on his performance of a differential diagnosis, he believed the drug was a substantial factor in […]

Filed Under: Appellate Law News, Legal News, Negligence Law News Tagged With: 191 Cal.Rptr.3d 67, 239 Cal.App.4th 555

Summary Judgment Reversed On Issue Of Gross Negligence In Action Against Fitness Facility.

September 15, 2015 by

Gross Negligence

Plaintiff suffered a traumatic brain injury when a cross-trainer cable struck her in the head at a 24-Hour Fitness, the defendant. Defendant moved for summary judgment, arguing that the written release of liability in the membership agreement was a complete defense to plaintiff’s claims for negligence and premises liability. As to the products liability claim, […]

Filed Under: Legal News, Negligence Law News, Summary Judgment Law News, Tort Law News Tagged With: 189 Cal.Rptr.3d 449, 238 Cal.App.4th 632, 24 Hour Fitness USA

Health Club Release From Liability In Plaintiff’s Membership Agreement Valid.

June 2, 2015 by Leave a Comment

Release

A clip failed on a rowing machine at a 24 Hour Fitness, resulting in severe injury to plaintiff. Plaintiff had signed a release, agreeing the facility was not responsible for injuries, even if they occurred as a result of its own negligence. The trial court granted 24 Hour Fitness’s motion for summary judgment. On appeal, […]

Filed Under: Appellate Law News, Contract Law News, Legal News, Negligence Law News, Personal Injury Law News, Product Liability Law News, Summary Judgment Law News

“Electricity Is Just Organized Lightening.” — George Carlin.

May 22, 2015 by Leave a Comment

IIED and negligence

In a jury trial, a jury awarded $1,050,000 in compensatory damages and $3,000,000 in punitive damages against an electric company and in favor of plaintiff on her claims for IIED, negligence and nuisance, based upon her contentions the company failed to control its electrical substation next door to plaintiff’s house. She said the company allowed […]

Filed Under: Appellate Law News, Emotional Distress Law News, Legal News, Negligence Law News, Personal Injury Law News, Public Entity Law News, Trial Law News

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Recent News

When and How to Sue After a Car Crash

December 30, 2020 By admin

Getting in a car crash can be detrimental to your physical and mental well-being. To compensate for stress, injuries, and damage to your vehicle, you should ensure that you get the compensation you deserve. An experienced personal injury lawyer can help you with that. Reasons … Read More...

When a Tenant Can Sue a Landlord

December 30, 2020 By admin

Rental agreements must be upheld by both the landlord and the tenant. If the landlord or rental company violates the agreement, it may be grounds for legal action by the tenant. In most cases, a tenant will sue their landlord after moving out, but a tenant can also sue while they … Read More...

Does Foreclosure Affect Your Credit?

December 18, 2020 By Mark Mellor

Even if you have carefully planned your budget, income, and expenses down to the last cent, things don’t always go the way you expect them to. Life might get in the way and ruin your plans—and a bad investment, medical emergency, natural disaster, or other catastrophe can … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
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