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McComber v. Wells
Pre-verdict settlement between co-defendants and plaintiff may be used to reduce economic damages against nonsettling defendant.
Torts Jun. 28, 1999
Howard v. Owens Corning
Jury doesn't have to accept uncontroverted expert testimony as conclusive unless it involves standard of care for professional negligence or medical malpractice.
Torts Jun. 28, 1999
Smith v. Maldonado
Disseminating truthful and accurate newspaper article with 'highlighted' passages doesn't constitute defamation.
Torts Jun. 28, 1999
Temple Community Hospital v. Superior Court of Los Angeles County (Ramos)
No tort cause of action lies for intentional third party spoliation of evidence.
Torts Jun. 28, 1999
Duarte v. Chino Community Hospital
Physicians are statutorily immune from liability for damages for refusing to withdraw life-sustaining medical care.
Torts Jun. 28, 1999
Asgari v. City of Los Angeles
Immunity from malicious prosecution precludes recovery in false arrest action for incarceration-period following arraignment.
Torts Jun. 26, 1999
Chen v. Superior Court (Prudential Homes Corporation
Contemporaneous perception of injury-causing event may be established through senses other than visual.
Torts Jun. 26, 1999
Lopez v. University Partners
Lessee of property is not liable for independent contractor's injured employee under peculiar risk doctrine.
Torts Jun. 26, 1999
Wright v. Stang Manufacturing Co.
Manufacturer has duty to warn of dangerous, foreseeable 'mismatch' of product with unsuitable mounting attachments.
Torts Jun. 26, 1999
Govett American Endeavor Fund Ltd. v. Trueger
Choice of law provision cannot impede advisor's civil liability for criminal acts based on statutory torts.
Torts Jun. 26, 1999
Coughlin v. Tailhook Assoc.
Corporate parent's employees' risk awareness can support punitive damages award for sexual assault by hotel guests.
Torts Jun. 26, 1999
McMillan v. United States
Government contractor's employee gets damages for injuries from falling dead trees in national forest.
Torts Jun. 26, 1999
Tietge v. Western Province of the Servites Inc.
Statute retroactively amending statute of limitations revives adults' suit against priest for molestations occurring during childhood.
Torts Jun. 26, 1999
Law v. General Motors Corp.
Boiler Inspection Act pre-empts state claims against railroad manufacturers for alleged train design defects.
Torts Jun. 26, 1999
Dufresne v. Veneman
Action against chemical pesticide use is moot since pest's eradication precludes need for further spraying.
Torts Jun. 26, 1999
Moreno v. S.H. Kress & Co.
Proposition 51's limitation of damages for 'deep pocket' tortfeasors doesn't apply to retailer of defective product.
Torts Jun. 26, 1999
Russell v. Stanford University Hospital
Three-year limitation for action against health provider is tolled after suit notice within last 90 days.
Torts Jun. 26, 1999
Sullivan v. Delta Airlines
Terminated employee's death during appeal process makes damages for emotional distress unrecoverable.
Torts Jun. 26, 1999
Penilla v. City of Huntington Park
Police officers are not entitled to qualified immunity if their affirmative actions place individual in danger.
Torts Jun. 26, 1999
Souza v. City of Antioch
Police responding to hostage situation aren't immune from liability but assume duty to act reasonably.
Torts Jun. 26, 1999
Chen v. Superior Court (Prudential Homes Corporation)
Contemporaneous perception of injury-causing event may be established through senses other than visual.
Torts Jun. 26, 1999
Deteresa v. American Broadcasting Companies Inc.
Reporter can secretly tape interviewee not wanting to appear on air without eavesdropping or privacy violation.
Torts Jun. 25, 1999
Rutherford v. Owens-Illinois Inc.
Asbestos-injured plaintiff must show exposure to defendant's product is substantial factor, within reasonable medical probability.
Torts Jun. 25, 1999
Barnes v. Black
Landowner owes duty of care to prevent tenant's children from exposure to unreasonable risk of injury on off-premises busy street.
Torts Jun. 24, 1999
Dreier v. U.S.
'Feres' doctrine doesn't preclude action against United States for wrongful death of intoxicated off-duty soldier.
Torts Jun. 24, 1999
Chen v. Los Angeles County Superior Court (Prudential Homes Corporation)
Contemporaneous perception of injury-causing event may be established through senses other than visual.
Torts Jun. 23, 1999
Souza v. City of Antioch
Police responding to hostage situation aren't immune from liability but assume duty to act reasonably.
Torts Jun. 23, 1999
Derderian v. Dietrick
One-year limitations period isn't tolled and expires before filing of wrongful death action against doctor.
Torts Jun. 23, 1999
Moreno A., a Minor
Proposition 51's limitation of damages for 'deep pocket' tortfeasors doesn't apply to retailer of defective product.
Torts Jun. 23, 1999
Wimberly v. Derby Cycle Corp.
Proposition 51 doesn't apply to reduce liability of manufacturer found strictly liable for plaintiff's injuries.
Torts Jun. 23, 1999