Plaintiff slipped and fell in a hotel bathtub and sued the hotel and the manufacturer of the bathtub. Against the manufacturer, he alleged the Slip-guard surface was not safe. Even plaintiff admitted industry standards were met. The appellate court stated plaintiff and his expert “were obligated to give a greater factual basis for application of […]
No Liability For Supplier Of Raw Materials.
Court of Appeal declined to impose negligence, or strict liability for personal injuries to suppliers of raw materials. The court declined “to extend the holdings of the asbestos cases here because the metal products involved are not inherently dangerous.” Maxton v. Western States Metals (Cal. App. Second Dist., Div. 3; February 1, 2012) 203 Cal.App.4th […]
Settlement Agreement Enforceable Under Tragic Circumstances.
While awaiting a ruling from the superior court on a petition to approve a settlement filed by a guardian at litem on behalf of a minor who suffered injuries on an all terrain vehicle, the minor died. The defendant opposed the petition, arguing the settlement was not enforceable because it had not been approved by […]
When Plaintiff Died From An Amputated Penis And His Widow Filed A Wrongful Death Action, A New Government Tort Claim Required.
A prisoner was the original plaintiff in an action against the Department of Corrections. He had a growth on his penis and was referred to a urologist, but was transferred to another prison prior to the scheduled appointment. At his new location, there was another referral with a note to “rule out squamous cell carcinoma,” […]
Case Against Gun Manufacturer To Go To Trial.
A police officer was shot in the back with his Glock 21 service weapon by his three-year-old son rendering him a paraplegic. The officer and his wife sued the manufacturers of the gun and holster alleging the gun has a light trigger pull without an appropriate safety mechanism to prevent accidental discharge and the holster […]
Summary Judgment Against Charlotte Russe In Favor Of Travelers Insurance Company Reversed.
Charlotte Russe stores contracted to become the exclusive sales outlet for “premium, high end” clothing called People’s Liberation, a brand owned by a company called Versatile. Charlotte Russe allegedly offered the clothing at severely discounted “fire-sale” prices. Versatile brought an action against Charlotte for breach of contract and other causes of action, requesting damages for […]
No Qualified Immunity For Police Officers Who Caused Injury.
Injured U.C. Davis student brought an action for violation of his Fourth Amendment right to be free from unreasonable seizure after police fired pepperball guns in an attempt to disperse a crowd and the student suffered serious eye injuries and a loss of his athletic scholarship. The Ninth Circuit affirmed the trial court’s finding the […]
No Duty On Manufacturer Of Taser Gun To Warn Of Risks Not Knowable .
After report of a disturbance, police went to a scene and found a man “either really high or crazy.” The man struck the police vehicle with his hand and continued on his way. The situation deteriorated with the man breaking a fence, assuming a batter’s position and swinging a two by four at officers. After […]
No Duty Owed For Death Resulting From Placement Of Gas Meter.
Parents sued Southern California Gas Company for wrongful death when their daughter died after driving her car off a street, over a curb and striking an SCG gas meter located 11 feet, 4 inches beyond the curb. The Court of Appeal reversed judgment for plaintiffs, concluding it was not reasonably foreseeable that SGC’s installation of […]
Roof Extension Not A Concealed Hazard.
Plaintiff was hired by Dish Network to install a satellite dish on the roof of a residence. When he stepped from his ladder onto a roof extension which had been installed by the homeowner without a permit, the 225 pound plaintiff crashed to the ground, suffering significant injuries. He sued the homeowner. The court affirmed […]