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Name Category Published
Sherwood v. Alaimo
Nondelegable duty cannot be avoided by employing subcontractor to carry out contract.
Torts Jun. 6, 1999
Catalina Cruises Inc. v. Luna
Vessel operator breaches duty of care by failing to alter course despite known hazardous weather conditions.
Torts Jun. 6, 1999
Pineda v. Ennabe
Landlord doesn't owe duty of care to assure tenant's children don't fall out of windows.
Torts Jun. 6, 1999
Salgado v. County of Los Angeles
Judgment notwithstanding verdict in mother's action for emotional distress after baby's injury during delivery is error.
Torts Jun. 5, 1999
Salgado v. Los Angeles County
For future non-economic damages, jury is to assume award of future damages is present value.
Torts Jun. 5, 1999
Barris v. County of Los Angeles
State statute limiting damages in medical malpractice suits applies to federal 'patient dumping' statute claim.
Torts Jun. 4, 1999
Jefferson v. City of Tarrant, Alabama
No state supreme court final judgment in wrongful death case bars reviewing civil rights claims denial.
Torts Jun. 4, 1999
Federico v. Superior Court (Jenry G.)
School isn't liable for acts of employee who sexually molests child of student off school premises.
Torts Jun. 4, 1999
Naas v. Stolman
Under Fair Debt Collection Act, debtor's tort claim, after creditor's suit, accrues when underlying action filed.
Torts Jun. 4, 1999
National Medical Transportation Network v. Deloitte & Touche
Incorrect jury instruction on standard governing accountants' resignation from professional engagement is reversible error.
Torts Jun. 4, 1999
Salgado v. County of Los Angeles
For future non-economic damages, jury is to assume award of future damages is present value.
Torts Jun. 4, 1999
Montes v. Gibbens
Uninsured motorist statute doesn't bar employee from recovering general damages for injuries received while driving employer's uninsured motor vehicle.
Torts Jun. 3, 1999
Caro v. Smith
Sanctions are imposed on attorneys who agree to binding arbitration and then appeal the award.
Torts Jun. 3, 1999
North American Chemical Co. v. Superior Court (Trans Harbor Inc.)
Negligent performance of contract obligation can give rise to action in tort.
Torts Jun. 3, 1999
Wedeck v. Unocal Corporation
If 'special employment' relationship exists, employee is statutorily barred from tort action against employer.
Torts Jun. 3, 1999
Souza v. Lauppe
Farmer cannot sue neighbor for nuisance when offending farming activity lasted more than 3 years.
Torts Jun. 3, 1999
Armato v. Baden
Physicians working with medical group as independent contractors aren't liable for injuries caused by physician assistant employed by group.
Torts Jun. 3, 1999
SimTel Communications v. National Broadcasting Co.
Secretly videotaping business meeting conducted on outdoor patio of public restaurant isn't an invasion of privacy.
Torts Jun. 3, 1999
Lurye v. City of West Hollywood
Public utility company owes duty to pedestrians to maintain streetlights at crosswalk.
Torts Jun. 3, 1999
Logacz v. Brea Community Hospital
Where evidence suggests multiple causes of death in medical malpractice action, refusal of jury instruction regarding concurrent causation is prejudicial error.
Torts Jun. 3, 1999
Trinkle v. California State Lottery
Governmental immunity applies to protect state lottery from claim of unfair competition.
Torts Jun. 3, 1999
Plumeau v. School District #40 County of Yamhill
Official investigation of sex charges against school district employee isn't 'actual notice' for student's tort claim.
Torts Jun. 3, 1999
Hoff v. Vacaville Unified School District
School district owes duty of care to both students and non-students in supervising school parking lot.
Torts Jun. 3, 1999
Balthazor v. Little League Baseball Inc.
Little League team doesn't have a duty to decrease risk of injury to players.
Torts Jun. 3, 1999
Greve v. Angeles Chemical Co.
Summary judgments should not be granted when there are triable issues regarding adequate warnings.
Torts Jun. 1, 1999
Dickey v. City of Flagstaff
Recreational use statute immunizes city from liability if it didn't engage in willful, malicious, or grossly negligent conduct to cause injury.
Torts May 28, 1999
Greenwald v. Ford Motor Co.
Where offer of judgment made in wrongful death case lacks apportionment as to beneficiaries, statutory sanctions can't be obtained.
Torts May 28, 1999
Andreini v. Superior Court (Solorio)
Homeowners can be sued by employee of uninsured independent contractor injured while working on home.
Torts May 27, 1999
Mueller v. Saint Joseph Medical Center
Wrongful death claim under Elder Abuse Act isn't viable if direct negligence claim exists.
Torts May 26, 1999
Baker v. General Motors Corp.
Former auto manufacturer employee can testify in products liability action despite prior settlement agreement not to.
Torts May 26, 1999