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Watkins v. MER, ARN, PER, Inc.
Order
Torts Nov. 9, 1999
Lui v. Barnhart
Violation of municipal ordinance does not create strict liability for defendant in collision between automobile and horse.
Torts Nov. 9, 1999
Bancoklahoma Mortgage Corp. v. Capital Title Co. Inc.
Title insurance company unaware of false representations being made in its name isn't liable under Racketeer Influenced and Corrupt Organization Act.
Torts Nov. 9, 1999
Goodman v. Medical Engineering Corporation
Order
Torts Nov. 7, 1999
Fox v. Kramer
Hospital peer review records are inadmissible subsequent remedial measures evidence.
Torts Nov. 4, 1999
Richardson v. Missouri Pacific Railroad Co.
Evidence of prior injury claim, prior settlement, and settlement amount is admissible only if relevant to claim or defense in present action.
Torts Nov. 4, 1999
Freyer v. Albin
Physician not vicariously liable for actions of another doctor involved in same procedure.
Torts Nov. 4, 1999
Foster v. Phillips
Intoxication of driver does not cause aggravated damages in wrongful death action.
Torts Nov. 4, 1999
Padilla v. School District No. 1 in the City and County of Denver
School district does not waive immunity from suit where injuries not caused by dangerous condition of public building.
Torts Nov. 4, 1999
Gross v. B.G. Inc.
Plaintiff entitled to solatium award where fault of plaintiff's decedent is less than that of defendants.
Torts Nov. 4, 1999
Johnson v. National Railroad Passenger Corp.
Jury instruction which limits liability to events which are foreseeable is proper in F.E.L.A. case.
Torts Nov. 4, 1999
Luenberger v. The City of Golden
Additional facts required to determine whether a city had notice of a dangerous condition for purposes of governmental immunity.
Torts Nov. 4, 1999
Paxton v. Stewart
Treating physicians, not designated as expert witnesses, can only testify as to their personal observations.
Torts Nov. 4, 1999
Charpentier v. Los Angeles Rams Football Co. Inc.
Season ticket holder successfully pleaded fraud against pro-football franchise, after alleging he renewed because franchise falsely stated team would remain local.
Torts Nov. 4, 1999
Munoz v. City of Palmdale
Unpaid volunteer serving coffee at city's senior center is not an employee or servant of city for respondeat superior purposes.
Torts Nov. 4, 1999
Bennett v. Shahhal
Second 90-day notice of intent to bring medical malpractice suit doesn't toll one-year statute of limitations.
Torts Nov. 4, 1999
Potvin v. Metropolitan Life Insurance Co.
Doctor has right to fair procedure before membership in health care provider networks is terminated.
Torts Nov. 3, 1999
Scheiding v. General Motors Corp.
Federal Locomotive Boiler Inspection Act pre-empts state claims concerning exposure to asbestos in locomotives.
Torts Nov. 3, 1999
Lawrence v. Buena Vista Sanitation District
Trespass claims barred by Governmental Immunity Act.
Torts Nov. 3, 1999
Hayes v. Kit Manufacturing Co.
Order
Torts Nov. 3, 1999
Fuku-Bonsai Inc. v. E.I. du Pont de Nemours and Co.
General release by product liability plaintiff doesn't bar fraudulent inducement action based on postsettlement revelation of discovery fraud.
Torts Oct. 29, 1999
Sussman v. American Broadcasting Cos. Inc.
Where the purpose is for worthy newsgathering information, secretly videotaping conversations by reporter isn't improper under federal wiretapping statute.
Torts Oct. 29, 1999
Ajiwoju v. Kunce
Order
Torts Oct. 28, 1999
Auerbach v. Great Western Bank
Continuation of pre-existing duty isn't injury for fraud purposes.
Torts Oct. 22, 1999
Eisenberg v. Alameda Newspaper Inc.
Statements in newspaper retraction aren't defamatory as a matter of law, and newspaper can't assert 'litigation privilege' to avoid potential lawsuit.
Torts Oct. 22, 1999
Ferlauto v. Hamsher
Author's strong negative comments about adversary's lawyer during litigation are protected by First Amendment, and are not actionable.
Torts Oct. 22, 1999
Webber v. Inland Empire Investments
The right to collect on a note does not extend to intentional acts designed to disrupt a contractual relationship.
Torts Oct. 21, 1999
Wiggs v. City of Phoenix
Trial court shouldn't order retrial based upon an omitted jury instruction, as the plaintiff did not object to such at trial.
Torts Oct. 19, 1999
Jenkins v. County of Los Angeles
Proposition 213, which bars recovery for injuries sustained by a fleeing felon, doesn't apply to intentional torts.
Torts Sep. 30, 1999
Nelson v. United Technologies
Wrongful discharge in violation of public policy favoring family leave underlying California Family Rights Act is valid cause of action.
Torts Sep. 30, 1999