Sixteen-year-old employee of a Domino’s pizza franchise filed a FEHA [Fair Employment and Housing Act, Gov. Code §12940] alleging she was sexually harassed at her job by her manager. The franchise filed for bankruptcy relief and Domino’s Pizza, Inc. filed a motion for summary judgment with evidence that “Domino’s was not [the alleged harasser’s] employer […]
No Dangerous Condition; No Duty To Provide More Lighting; Severe Injuries.
Father and his three children were walking across the street in the evening in a marked crosswalk that had no signal lights and no overhead lighting. A car stopped and they entered the crosswalk in front of the stopped car. A pickup truck coming from the opposite direction hit one of the children who was […]
Jury Verdict After Good Faith Settlement Reduced To Zero.
Prior to trial, plaintiff settled her case involving the loss of anticipated survivorship interests with some of the defendants, and the court found the settlement was made in good faith pursuant to Civil Code §877. A jury awarded her $200,000 against the remaining defendants who are lawyers. The court granted an offset as to the […]
General Contractor Successful On Summary Judgment.
Masonry subcontractor worker at construction project stepped onto the rung of a plaster scaffold to gain access so he could lay masonry underneath it. The scaffold was wet. His shoes were muddy. He slipped and was injured. He sued the general contractor alleging his injuries “were caused by [the general contractor’s] negligence in sequencing and […]
Summary Judgment Reversed [Feds Had Wrong Address For Search Warrant, By The Way].
DEA agents forced their way into a home under the mistaken belief it was occupied by a drug dealer. Using #*#%#* words, they ordered the parents to the floor. With their guns drawn, they also ordered the sleeping children to the floor. The 14-year-old girl complied, but the 11-year-old girl was frozen in fear. The […]
Loss Of Consortium Claim Valid If Marriage Predates Discovery Of Symptoms.
With latent injury cases, injury often does not occur at the time of exposure to a toxic substance, but often decades later. The Court of Appeal held the required showing of the existence of a valid marriage for a loss of consortium claim is satisfied if the plaintiff’s marriage to the injured spouse predates discovery […]
No Qualified Immunity For Police Officer In Wrongful Death Of Suspect.
A jury found a police officer caused the wrongful death of a suspect who died “through the unconstitutional use of excessive force” while in police custody at a hospital. The appellate court analyzed: “Taken as a whole, the combined effect of [the] evidence supports a finding that Macias punched and tasered a non-resisting and compliant […]
Cow Versus Motorcycle.
Plaintiff’s complaint alleged negligence and premises liability after a 1,200-pound cow named “Annie” charged him while his motorcycle was stopped on a paved road within a ranch, but classified as an easement and used by eight families to get to their landlocked properties. At the close of plaintiff’s evidence at trial, the court granted a […]
Noneconomic Damages Recoverable Despite Plaintiff’s Lack Of A Driver’s License.
Plaintiff, who was unlicensed, suffered serious and permanent brain injuries in a car accident. A jury awarded her $31,656,208. Defendant, who admitted liability, argued Civil Code §3333.4 prevented plaintiff was recovering $22,000,000 of the award, the portion for noneconomic damages. The vehicle the plaintiff was driving was purchased and insured by her father. Section 3333.4 […]
Provision In Arbitration Agreement Contrary To Public Policy.
Plaintiff sued a nursing home alleging negligent care and treatment. Defendant petitioned to compel arbitration, which the trial court granted, after severing the attorney fee provision which stated the parties would bear their own attorney fees and costs. The trial judge explained that provision was contrary to the Elder Abuse Act [Welfare and Institutions Code […]