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Savnik v. Hall
Non-economic damages are proper where uninsured motorist is not the owner of the vehicle.
Torts Sep. 30, 1999
Overly v. Ingalls Shipbuilding Inc.
Worker exposed to asbestos is entitled to recover prospective earnings for 'lost years' due to diminished life expectancy.
Torts Sep. 23, 1999
Neverkovec v. Fredericks
Broad general release doesn't release tortfeasor who was not party to release agreement, unless agreement was intended to release him.
Torts Sep. 23, 1999
Pan Asia Venture Capital Corp. v. Hearst Corp.
Under Unfair Practices Act, computation of cost regarding newspaper advertising must be decided by jury, not judge.
Torts Sep. 23, 1999
Erlich v. Menezes
Where contractor's negligence causes homeowner only economic injury and property damage, claim for emotional distress based on breach of contract is precluded.
Torts Sep. 23, 1999
Myricks v. Lynwood Unified School District
Neither school district nor city is liable for injury inflicted on students while attending off-site basketball tournaments.
Torts Sep. 22, 1999
Zelig v. County of Los Angeles
County owes duty to take reasonable steps to provide security measures against foreseeable criminal activity in courthouse.
Torts Sep. 22, 1999
Record v. Reason
Primary assumption of risk doctrine applies to the activity of being pulled on an inner tube by a motor boat.
Torts Sep. 13, 1999
Bonds v. Roy
Expert testimony may be excluded where expert witness declaration didn't provide fair notice of subject matter.
Torts Sep. 9, 1999
Bockrath v. Aldrich Chemical Co.
Plaintiff allegedly injured by unidentified chemicals can't sue multiple defendants in hope of discovering tortfeasor.
Torts Sep. 9, 1999
Horwich v. Superior Court (Acuna)
Wrongful death action may be maintained by survivors of deceased uninsured motorist.
Torts Sep. 9, 1999
Preferred Risk Mutual Insurance Co. v. Reiswig
Notice of intent to sue health care provider doesn't toll limitations period for indemnity action.
Torts Sep. 9, 1999
Morales v. Cooperative of American Physicians Inc.
California litigation privilege bars suit for negligent and intentional misrepresentation based on responses to interrogatories in prior medical malpractice suit.
Torts Sep. 7, 1999
Ehret v. Congoleum Corp.
In determining portion of settlement to be set off from economic damages, court must apply percentage of economic damages award in relationship to total award.
Torts Sep. 7, 1999
Davis v. Wood-Mizer Products Inc.
Defendant that pays judgment and also indemnifies settling defendant may not complain of plaintiff's excessive recovery.
Torts Sep. 7, 1999
Pfau v. Kim's Hapkido
Police officer engaging in martial arts training assumes risk of injury.
Torts Sep. 6, 1999
County of Los Angeles v. Superior Court (Schonert)
California's survival statute precluding husband of deceased wife from recovering pain and suffering for state law claims also applies to federal claims.
Torts Sep. 6, 1999
Casey v. Overhead Door Corp.
One defendant's assignment to plaintiffs of cross-complaint against another defendant as part of settlement gives plaintiffs actual authority to proceed on cross-complaint.
Torts Sep. 6, 1999
Stapper v. GMI Holdings Inc.
Offer of proof that garage-door opener was defective in design is sufficient to overcome the 'firefighter's rule.'
Torts Sep. 2, 1999
Holt v. Regents of the University of California
Present cash value of future economic damages in medical malpractice action may be paid by an annuity or lump-sum payment.
Torts Sep. 2, 1999
Hodges v. Superior Court (Ford Motor Co.)
Statute that precludes recovery of noneconomic losses for pain and suffering doesn't apply in product liability action by uninsured motorist against car manufacturer.
Torts Sep. 2, 1999
People v. Orange County Charitable Services
Failure of charitable fundraising group to account for $15 million raised for charitable organizations warrants imposition of constructive trust and civil penalties.
Torts Sep. 2, 1999
Preferred Risk Mutual Insurance Co., v. Reiswig
Insurance company can seek indemnification from negligent doctors under Medical Injury Compensation Reform Act's tolling provision.
Torts Sep. 2, 1999
Horwich v. Superior Court (Acuna)
Although statute precludes motorist of uninsured vehicle from recovery in automobile accident, parents of uninsured motorist can recover in wrongful death suit.
Torts Sep. 2, 1999
Amos v. Alpha Property Management
Low window in common area of apartment building may violate landlord's duty of care, and summary judgment is improper.
Torts Sep. 1, 1999
Bockrath v. Aldrich Chemical Co. Inc.
Allegations that defendant's products cause cancer, plaintiff was exposed, and the chemicals caused cancer are insufficient to allege causation.
Torts Aug. 26, 1999
Burns v. Davis
Property owners objecting to zoning variance at Board of Adjustment meeting have qualified immunity from defamation suit.
Torts Aug. 18, 1999
Valenzuela v. GAB Business Services
Torts Aug. 13, 1999
Spanner v. United Airlines Inc.
Airline cannot invoke limited liability for lost luggage under Warsaw Convention if baggage check given to passenger doesn't contain required information.
Torts Aug. 6, 1999
Marich v. QRZ Media Inc.
Videotape of police phone call informing parents their son has died of an overdose is prima facie evidence of invasion of privacy.
Torts Aug. 5, 1999