Plaintiff sued a residential care facility for elder abuse and wrongful death regarding alleged inadequate care. As her mother’s attorney in fact, plaintiff had entered into a “residency agreement” with the facility, which agreement contained an arbitration clause, but plaintiff did not enter the agreement in her personal capacity. Under the arbitration clause, all claims related […]
Medical Malpractice, Or Ordinary Negligence? IIED Demurrer Reversed.
Plaintiff underwent a dilation and curettage procedure following a miscarriage. She alleges that she was administered inadequate anesthesia and awoke during the procedure. When she later confronted the anesthesiologist, the anesthesiologist became angry, shoved a container filled with plaintiff’s blood and tissue at her, and then urged plaintiff not to report the incident. Plaintiff sued the […]
Assumption Of The Risk Applies To Bumper Car Rides.
Toward the end of a bumper car ride at Great America amusement park, with plaintiff’s nine-year-old son at the wheel, and plaintiff as a passenger, plaintiff braced herself by placing her hand on the dashboard. Her son described that “something like cracked,” and plaintiff’s wrist was fractured. The California Supreme Court found: “We conclude the primary […]
$13.8 Million Punitive Damages Not Unconstitutionally Excessive.
Betty Bullock smoked cigarettes for 45 years. The jury awarded $850,000 in compensatory damages and later awarded $28 billion in punitive damages. The trial court granted a new trial on the issue of excessive damages with the condition it would deny the motion if plaintiffs consented to reduce the punitive damages to $28 million. Plaintiffs […]
Goodbye Collateral Source Rule.
The California Supreme Court stated the collateral source rule, as outlined in Helfend v. Southern Cal. Rapid Transit District (1970) 2 Cal.3d 1, [465 P.2d 61; 84 Cal.Rptr. 173] has no bearing on amounts that were included in a medical provider’s bill for which a plaintiff never incurred liability because the provider, by prior agreement, […]
Shooting With Gun Instead Of Taser.
Police officer shot and killed an arrestee believing a Glock semiautomatic pistol was a stun gun. The deceased’s family filed suit under 42 U.S.C. §1983 and the trial court granted summary judgment. Both weapons were black, of similar size and weight and placed closely on the holster. Once before the fatal shooting, the officer mistakenly […]
High Heels Get Caught In Concrete Crack.
Plaintiff caught her foot in a walkway separation and “the toe of [her] right shoe . . .started to go forward” and she went down suffering injuries to her hands, wrists, elbows and knee. A jury awarded her $1,336,197 and the trial court granted both a JNOV and a new trial, ruling that “no reasonable […]
Primary Assumption Of The Risk Applies To Organized Recreational Motorcycle Riding.
Plaintiffs were injured while participating in a “Pursuit for Kids Toy Drive” organized annually by Harley-Davidson. As the procession of motorcycles drove along one lane of the freeway, a van turned into the lane, resulting in injuries to the plaintiffs. The trial court granted summary judgment for Harley-Davidson, holding it owed no duty to plaintiffs. […]
Question Of Fact Whether Dangerous Condition Of Public Property Existed.
Traffic exiting baseball park was induced onto a public street where plaintiff was standing behind her car when she was hit by a drunk driver. The trial court granted summary judgment. The appellate court reversed, holding numerous questions of fact existed relating to the issue of dangerous condition of public property. Cole v. Town of […]
Hospital Records Of Its Institutional Review Board Exempt From Discovery.
Trial court ordered hospital to answer interrogatories and provide documents concerning information held only by its Institutional Review Board [IRB]. Court of Appeal granted a writ for extraordinary relief, holding IRB records to be exempt from discovery under Evidence Code §1157 because, even though the committee includes community members who are not physicians, it is […]
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