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Zubrick v. Ford
Statute violation creates presumption of duty of care that isn't pre-empted by assumption of risk.
Torts Aug. 5, 1999
State of Washington v. East Columbia Basin Irrigation District
Despite project's low control costs, Flood Control Act immunity applies in Federal Tort Claims Act action.
Torts Aug. 5, 1999
Randi W. v. Muroc Joint Unified School District
Former employer can be liable for recommendation's affirmative misrepresentations presenting foreseeable risk to prospective employer.
Torts Aug. 5, 1999
LiMandri v. Judkins
Absent duty of care evidence there cannot be interference with prospective business advantage.
Torts Aug. 5, 1999
Arciniega v. Bank of San Bernardino N.A.
'Case within a case' doctrine bars further recovery for plaintiff after settling legal malpractice action.
Torts Aug. 4, 1999
Zubrick v. Ford
Statute violation presumption creates of duty of care that isn't pre-empted by assumption of Risk.
Torts Aug. 4, 1999
Richards v. Owens-Illinois Inc.
Proportionate fault isn't allocated to absent tobacco companies in smoker's suit for asbestos lung injury.
Torts Aug. 4, 1999
Ochoa v. California State University, Sacramento
University indoor intramural soccer game is a 'hazardous recreational activity,' giving university immunity from liability for any injury.
Torts Aug. 4, 1999
Delgado v. American Multi-Cinema Inc.
No cause of action exists against movie theater for allowing unaccompanied minor watch 'R'-rated movie which allegedly caused minor to kill someone after viewing film.
Torts Aug. 4, 1999
American International Industries v. Superior Court (Urbach)
Prior representative action by watchdog environmental group bars subsequent class action under doctrine of res judicata.
Torts Aug. 4, 1999
Pruitt v. General Motors Corp.
Jury instruction on consumer expectations test isn't required where injury results from occurrence that isn't within a consumer's 'everyday experience.'
Torts Aug. 4, 1999
Sanders v. American Broadcasting Companies Inc.
Employees may enjoy a limited expectation of privacy in workplaces that are not open to the public.
Torts Aug. 4, 1999
Smith v. Maldonado
Disseminating truthful and accurate newspaper article with 'highlighted' passages doesn't constitute defamation.
Torts Aug. 4, 1999
Palm Springs Tennis Club v. Rangel
To maintain a libel cause of action, reasonable reader must impute to a statement a meaning which tended to harm reputation of plaintiff.
Torts Aug. 4, 1999
Britz Inc. v. Dow Chemical Co.
Joint tortfeasor who obtains good faith settlement determination can't pursue subsequent indemnity action against tortfeasors who later received good faith settlement determination.
Torts Aug. 4, 1999
Wilson v. Phillips
Expert testimony regarding repressed memory is admissible as expert medical opinion and not subject to admissibility rules for scientific evidence.
Torts Aug. 4, 1999
Cheong v. Antablin
Primary assumption of risk bars skier from recovering for negligence after collision with another skier.
Torts Aug. 3, 1999
Alaska Native Class v. Exxon Corp.
Non-economic damage to subsistence lifestyle of Alaska Natives isn't special injury supporting public nuisance action.
Torts Aug. 3, 1999
Plunkett v. Spaulding
Expert witness declarations are required for treating doctors also providing standard of care opinions.
Torts Aug. 3, 1999
Springmeyer v. Ford Motor Company
Court's exclusion of evidence showing why defendant did not comply with manufacturer's recall is error.
Torts Aug. 2, 1999
Lurye v. Southern California Edison Company
Public utility company owes duty to pedestrians to maintain streetlights at crosswalk.
Torts Aug. 1, 1999
Newman v. Burnett
Minor's notice of intent served during final 90 days of three-year limitations period tolls statute.
Torts Jul. 30, 1999
Bacon v. Southern California Edison Co.
Property owner's efforts to prevent anticipated harm demonstrates absence of willful or malicious conduct.
Torts Jul. 29, 1999
Peters v. Saunders
Cross-complaint is dismissed under SLAPP statute but action for defamation and unfair competition can proceed.
Torts Jul. 29, 1999
Mercy Hospital and Medical Center v. Farmers Insurance Group of Companies
Hospital can satisfy lien amount from 50 percent of patient's recovery from tortfeasor or tortfeasor's insurer.
Torts Jul. 28, 1999
Ruttenberg v. Ruttenberg
Heir of decedent not joined in wrongful death suit has action for damages against filing heirs.
Torts Jul. 28, 1999
Randi W., a minor
Former employer can be liable for recommendation's affirmative misrepresentations presenting foreseeable risk to prospective employer.
Torts Jul. 27, 1999
Plunkett v. Spaulding
Expert witness declarations are required for treating doctors also providing standard of care opinions.
Torts Jul. 26, 1999
Daum v. Spinecare Medical Group
Jury isn't restricted to expert opinion to determine if physician's disclosure before surgery was adequate.
Torts Jul. 26, 1999
Robbins v. Blecher
Voluntary dismissal of enforcement action, after reversal of underlying judgment, isn't favorable termination on merits.
Torts Jul. 26, 1999