Ten days prior to trial, the trial court informed the parties “the court no longer provides a court reporter for civil trials, and the parties have to provide their own reporters for trial.”
Summary Judgment Reversed By California Supreme Court.
The negligent driving of a third party motorist caused another car to strike a tree planted on a center median owned and maintained by a City. The collision resulted in death or injury to all the car’s occupants. Plaintiffs sued the City for a dangerous condition of public property. The City moved for summary judgment, […]
$3,751,969 Personal Injury Verdict Affirmed.
In a special verdict, a jury found two defendant motorists were negligent but concluded only one of them was a substantial factor is causing injuries to a bicyclist on a sidewalk. Thus, only one of the defendants was held responsible for plaintiff’s personal injury verdict of $3,751,969 in damages. On appeal the defendant who was […]
Summary Judgment In Favor Of A Defendant Who Was The Passenger In A Car Reversed.
Plaintiffs’ allegations are that a passenger in a car involved in a fatal accident “told the driver to drive at an unsafe speed over a road [the passenger] knew had unusual conditions that would cause the car to become airborne, resulting in the fatal accident.” The trial court granted summary judgment after concluding there was […]
Foundation For Medical Bills Established.
Two vehicles collided in an intersection and plaintiff, who was on a sidewalk, was severely injured, incurring $3,751,969 in medical bills. A jury found both defendants were negligent, but that the negligence of only one of the defendants was a substantial factor in causing damages to the plaintiff. The defendant who was found liable contended […]
Statute Of Limitations Against Hospital For Slip And Fall.
While plaintiff was hospitalized, she went into the bathroom in her private room. While she was in the bathroom, someone mopped the floor of her room. Walking back to her bed, she slipped and fell and was injured. A cleaning lady said, “I’m sorry. I’m so sorry.” Within two years of the fall, but more […]
Prejudgment Interest On Costs Not Permitted.
In a personal injury action, the trial court ordered prejudgment interest to be calculated on the entire judgment. On appeal, defendant argued that pursuant to Civil Code section 3291, prejudgment interest should have been awarded only on the damages that the jury awarded. In reversing, the appellate court stated: “We think it clear that the […]
Summary Judgment Reversed Because There Is A Potential For Coverage Under Umbrella Policy.
When she was 17 years old, plaintiff was invited to a party by several members of a college baseball team. She claims that upon her arrival, she was given shots of hard liquor in quick succession, and later was assaulted by an unknown number of men as she lay unconscious in a room. Three women […]
Attorney Fees Awarded To Injured Plaintiff.
Plaintiff, an occupant of a mobile home, fell while walking across the common area of the mobile home park. A jury awarded plaintiff $311,899.67 to compensate him for his injuries. Following trial, plaintiff moved for an award of attorney fees under his lease agreement with the mobile home park, and the trial court denied his […]
Health Club Release From Liability In Plaintiff’s Membership Agreement Valid.
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, […]
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