California Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of California or Court of Appeals of California where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
27 28
Tomassi v. Scarff - 12/28/2000
CERTIFIED FOR PUBLICATION
Reliance Insurance Company ("Reliance") appeals from an order denying its motion to vacate a judgment in a wrongful death action against its insured, Campbell Towing Company. The trial court determined...
Silva v. Union Pacific Railroad Co. - 12/28/2000
CERTIFIED FOR PARTIAL PUBLICATION *
Teenager Lucas Silva was killed when he was hit by a train owned and operated by defendant Union Pacific Railroad Company (Union Pacific). His parents, plaintiffs Jose and Lupe Silva, filed a...
Tosco Corp. v. General Insurance Company of America - 12/28/2000
CERTIFIED FOR PUBLICATION
Plaintiff Tosco Corporation brought this action against numerous insurers to establish insurance coverage for environmental cleanup costs. The appeals now before us arise from summary judgments entered...
Asplund v. Selected Investments in Financial Equities - 12/11/2000
As modified 1/11/01. Certified for publication.
The chief question in this case is whether a broker-dealer of securities has a common law duty to supervise sales by its registered representatives of investments in which the...
Jeffrey H. v. IMAI - 12/8/2000
As modified January 3, 2001. There is no change in the judgment.
JEFFREY H., PLAINTIFF AND APPELLANT, V. IMAI, TADLOCK & KEENEY ET AL., DEFENDANTS AND RESPONDENTS.
(San Francisco County Super. Ct. No. 994786) ...
Shively v. Bozanich - 12/8/2000
CERTIFIED FOR PUBLICATION
Appeal from two judgments of the Superior Court of Los Angeles County.
Reginald A. Dunn, Judge. Judgment in B130905 reversed; judgment in B133983 reversed.
In another civil case arising out...
Baxter Healthcare Corp. v. California Insurance Guarantee Association - 12/7/2000
CERTIFIED FOR PUBLICATION
Appellants Baxter Healthcare Corporation (BHC) and Baxter International, Inc. (BII) sought a judicial declaration that the California Insurance Guarantee Association (CIGA) must indemnify them....
Sherman Way Townhomes - 12/5/2000
CERTIFIED FOR PUBLICATION
ORIGINAL PROCEEDINGS in mandate. Mary Ann Murphy, Judge. Writ denied.
The trial court overruled petitioners' demurrer to the third amended complaint of real parties in interest, which contains a...
Aas v. Superior Court of San Diego County - 12/4/2000
In this case we are asked to decide whether homeowners and a homeowners' association may recover damages in negligence from the developer, contractor and subcontractors who built their dwellings for construction defects that have not...
Hi-Voltage Wire Works - 11/30/2000
included with computer version.
"In the history of this Court and this country, few questions have been more divisive than those arising from governmental action taken on the basis of race." (Fullilove v. Klutznick (1980) 448...
Degrassi v. Cook - 11/30/2000
CERTIFIED FOR PUBLICATION
Affirmed.
STATEMENT OF THE CASE
Plaintiff and appellant Christine Degrassi, a former member of the Glendora City Council, sued defendants and respondents Sue Bauer, Albert Fishman, and...
Plut v. Fireman's Fund Insurance Co. - 11/30/2000
CERTIFIED FOR PUBLICATION
Reversed in part and affirmed in part.
Appellants John and Karen Plut challenge the trial court's adjustments to an award of damages after a jury found respondent Fireman's Fund Insurance Company...
County of Los Angeles v. Superior Court of Los Angeles County - 11/29/2000
CERTIFIED FOR PUBLICATION
ORIGINAL PROCEEDINGS in mandate. Charles W. McCoy, Judge.
Petition granted.
INTRODUCTION
In this appeal we hold that the time period within which a dependent minor must file a claim...
Louie v. Gdowski - 11/27/2000
CERTIFIED FOR PARTIAL PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County, Jean E. Matusinka, Judge.
Reversed.
introduction
Diana Gdowski and James and Roella Louie own adjoining...
Fresno Unified School Dist. v. Workers' Compensation Appeals Board - 11/22/2000
ORIGINAL PROCEEDING; petition for writ of review.
In the published portion of this opinion, we construe certain language in Labor Code section 4750.5. We hold, first, that the phrase "unrelated non-compensable injury" means a...
Hurvitz v. Hoefflin - 11/20/2000
CERTIFIED FOR PUBLICATION
APPEAL from an order of the Superior Court for the County of Los Angeles. Victoria G. Chaney, Judge.
Reversed in part and affirmed in part.
In this case we hold an order by the trial court...
Fuller v. Tucker - 11/17/2000
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County, Joseph E. DiLoreto, Judge.
Reversed.
INTRODUCTION
The trial court concluded plaintiff and appellant Annie Fuller...
Hooser v. Superior Court of San Diego County - 11/13/2000
CERTIFIED FOR PUBLICATION
Proceedings in mandate after the trial court ordered an attorney judgment debtor to provide to his judgment creditor a list of his current clients, a list of all his current claims or cases, filed or...
Huffman v. City of Poway - 11/13/2000
CERTIFIED FOR PUBLICATION
CONSOLIDATED appeals from judgments of the Superior Court of San Diego County, David B. Moon, Judge. Reversed.
Appellant David W. Huffman, an actor in a musical play coproduced by Reunion...
Prichard v. Liberty Mutual Insurance Co. - 11/8/2000
As modified December 6, 2000. There is no change in judgment. Petition for rehearing by Liberty Mutual Insurance Company is denied.
CHARLES E. PRICHARD ET AL., PLAINTIFFS AND RESPONDENTS, V. LIBERTY MUTUAL INSURANCE COMPANY,...
Warren-Guthrie v. Health Net - 11/6/2000
APPEAL from the Superior Court of Riverside County. Dallas Holmes, Judge.
Reversed with directions.
Defendant Health Net appeals from the denial of its motion to compel arbitration of a coverage dispute between plaintiff...
Villa Milano Homeowners Association v. Il Davorge - 11/6/2000
As modified November 26, 2000. There is no change in the judgment. The petition for rehearing is denied.
VILLA MILANO HOMEOWNERS ASSOCIATION, PLAINTIFF AND RESPONDENT, v. IL DAVORGE, DEFENDANT AND APPELLANT.
(Super. Ct....
Barella v. Exchange Bank - 11/3/2000
CERTIFIED FOR PUBLICATION
In this case we decide whether a plaintiff suing for defamation can be put at risk for payment of a defendant's costs pursuant to section 998 of the Code of Civil Procedure, if the defendant makes a...
Stony Brook I Homeowners Ass'n v. Superior Court of San Diego County - 10/31/2000
CERTIFIED FOR PUBLICATION
The petitioners in this extraordinary proceeding are an orthopedic specialist and a homeowners association which retained the specialist to evaluate plaintiffs' alleged injuries. In a number of prior...
California State Automobile Association Inter-Insurance Bureau v. Parichan - 10/31/2000
CERTIFIED FOR PARTIAL PUBLICATION *
PUBLISHED PART
I. INTRODUCTION
Defendant and appellant, Parichan, Renberg, Crossman & Harvey (Parichan) was sued for legal malpractice by plaintiff and respondent, California...
Estate of Powell v. Powell - 9/29/2000
CERTIFIED FOR PARTIAL PUBLICATION *
APPEAL from a judgment of the Superior Court of Trinity County, Robert F. Kaster, J. (Judge of the Siskiyou Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.)...
Clark v. Baxter Healthcare Corp. - 9/26/2000
As modified October 20, 2000. There is no change in judgment. The petition for rehearing is denied.
KRISTEN CLARK, PLAINTIFF AND APPELLANT, v. BAXTER HEALTHCARE CORPORATION ET AL., DEFENDANTS AND RESPONDENTS.
(Super. Ct....
Leyva v. Nielsen - 9/26/2000
APPEAL from the Superior Court of San Bernardino County. Linda M. Wilde, Judge. Affirmed.
Plaintiff Ricardo Leyva, a prison inmate, filed this personal injury action against Jim Nielsen, Chairman of the Board of Prison Terms....
Black v. Department of Mental Health - 9/11/2000
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County. Richard F. Charvat, Judge.
Affirmed.
Douglas Black, acting as administrator of his deceased brother's estate, appeals from...
State v. Superior Court of Los Angeles County - 8/31/2000
As modified September 13, 2000. There is no change in the judgment.
STATE OF CALIFORNIA ET AL., PETITIONERS, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, RESPONDENT; LOUIS J. BOLDUC ET AL., REAL PARTIES IN INTEREST. ...
Welch v. State - 8/30/2000
APPEAL from a judgment of the Superior Court of Stanislaus County. William A. Mayhew, Judge.
This appeal concerns whether plaintiff and appellant, Mary Welch, has standing as a putative spouse to prosecute a wrongful death action...
Sonora Diamond Corp. v. Superior Court of Tuolumne County - 8/30/2000
Original Proceeding; petition for writ of mandate.
INTRODUCTION
Real Party in Interest Sonora Union High School District (District) sued Sonora Mining Corp. (Sonora Mining) and Petitioner Sonora Diamond Corp. (Diamond)...
Planned Parenthood Golden Gate v. Superior Court of San Mateo County - 8/28/2000
As modified September 14, 2000. Second modification made September 26, 2000. There is no change in the judgment. The petition for rehearing and request for depublication are denied.
PLANNED PARENTHOOD GOLDEN GATE, PETITIONER, V....
Armendariz v. Foundation Health Psychcare Services - 8/24/2000
In this case, we consider a number of issues related to the validity of a mandatory employment arbitration agreement, i.e., an agreement by an employee to arbitrate wrongful termination or employment discrimination claims rather than...
Geist v. Sequoia Ventures - 8/24/2000
CERTIFIED FOR PARTIAL PUBLICATION *
This appeal from a judgment of non-suit challenges the trial court's conclusion that the asbestos wrongful death action was barred by the Montana statute of repose, as made applicable by our...
Ashdown v. Ameron International Corporation - 8/17/2000
Appellants' decedent, Gary Smith, expired in April 1994, shortly after he was diagnosed with a terminal asbestos-related disease. This action was brought against respondent Ameron International Corporation (Ameron) by his estate, by...
Maher v. Saad - 8/11/2000
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Butte County. Jerome E. Warren, Judge.
Affirmed.
Defendant Sylvia Saad, M.D., appeals from the trial court's granting of plaintiffs' motion for...
Coast Plaza Doctors Hospital v. Blue Cross of California - 8/10/2000
APPEAL from an order of the Superior Court of Los Angeles County, John Ouderkirk, Judge and Morris B. Jones, Judge. Reversed and remanded with directions.
In this case, the appellant Blue Cross of California ("Blue Cross")...
San Gabriel Valley Water Co. v. Hartford Accident and Indemnity Co. - 8/9/2000
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of the County of Los Angeles, Edward M. Ross, Judge.
Affirmed.
Civil Code section 2860, subdivision (c) provides in part that in cases of conflict...
Groom v. Health Net - 8/9/2000
CERTIFIED FOR PUBLICATION
APPEAL from an order of the Superior Court of Los Angeles County, William J. McVittie, Judge.
Reversed with directions.
INTRODUCTION
Plaintiff and respondent Sarah Groom (Groom) sued...
Whitfield v. Heckler & Koch - 8/9/2000
As modified August 25, 2000. There is no change in the judgment.
MARTIN WHITFIELD, PLAINTIFF AND APPELLANT, V. HECKLER & KOCH, INC., DEFENDANT AND RESPONDENT.
(Super. Ct. No. EC023122)
McNicholas &...
West Shield Investigations and Security Consultants v. Superior Court of Santa Clara County - 8/2/2000
As modified August 23, 2000. There is no change in the judgment. The petition for rehearing is denied.
WEST SHIELD INVESTIGATIONS AND SECURITY CONSULTANTS ET AL., PETITIONERS, V. THE SUPERIOR COURT OF SANTA CLARA COUNTY,...
Jimenez v. Superior Court Of San Diego County - 8/1/2000
CERTIFIED FOR PUBLICATION
PETITION for peremptory writ of mandate and/or prohibition challenging orders of the Superior Court of San Diego County, Thomas R. Murphy, Judge. Petition granted.
In this opinion we conclude...
Martinez v. Bank Of America National Trust & Savings Association - 8/1/2000
CERTIFIED FOR PARTIAL PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County. Kenneth Gale, Judge.
Affirmed.
I. INTRODUCTION
This appeal presents the issue whether a bank, which acquires...
Nager v. Allstate Insurance Company - 7/31/2000
Appeal from a judgment of the Superior Court of Orange County, Theodore E. Millard, Judge. Affirmed.
The trial court properly granted summary judgment in an insured's bad faith claim arising out of $2,000 in disputed no-fault...
Shaffery v. Wilson - 7/28/2000
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County, Marvin M. Lager, Judge.
Affirmed.
To the chorus of cases decreeing that a lawyer sued by a former client for professional...
Ludgate Insurance Co. v. Lockheed Martin Corporation - 6/28/2000
Defendant and cross-complainant Lockheed Martin Corporation (hereafter, Lockheed) appeals from a judgment on the pleadings entered in favor of plaintiff and cross-defendant Ludgate Insurance Company, Ltd. (hereafter, Ludgate), and from...
Linder v. Thrifty Oil Co. - 6/26/2000
As modified August 9, 2000. This modification does not affect the judgment.
ROCHELLE C. LINDER, PLAINTIFF AND APPELLANT, V. THRIFTY OIL CO., DEFENDANT AND RESPONDENT
Ct. App. 2/1 No. B106507 Los Angeles County Super. Ct....
People v. Elsey - 6/23/2000
CERTIFIED FOR PUBLICATION
copy
APPEAL from a judgment of the Superior Court of Shasta County. Monica Balavage, Judge.
Affirmed.
I. INTRODUCTION
In this appeal, we consider whether entry into six rooms at a...
Krusi v. S. J. Amoroso Construction Co. - 6/23/2000
As modified June 29, 2000. Second modification made July 18, 2000. There is no change in the judgment.
GEORGE KRUSI, AS TRUSTEE, ETC., ET AL., PLAINTIFFS AND APPELLANTS, v. S. J. AMOROSO CONSTRUCTION CO., INC., ET AL. DEFENDANTS...
Kransco v. American Empire Surplus Lines Insurance Company - 6/22/2000
As modified July 26, 2000. This modification does not affect the judgment.
KRANSCO, PLAINTIFF AND APPELLANT; INTERNATIONAL INSURANCE COMPANY ET AL., PLAINTIFFS AND RESPONDENTS, v. AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY,...
Northland Insurance Company v. Briones - 6/19/2000
As modified July 7, 2000. There is no change in the judgment.
NORTHLAND INSURANCE COMPANY, PLAINTIFF AND RESPONDENT, v. DANIEL BRIONES, JR., DEFENDANT AND APPELLANT.
(Super.Ct.No. RIC 307728)
Bruggeman, Smith &...
Pacific Bell v. The City of San Diego - 6/13/2000
APPEAL from a judgment of the Superior Court of San Diego County, J. Michael Bollman, Judge. Reversed.
Plaintiff Pacific Bell's facility suffered substantial damage when a corroded cast iron water pipe servicing a fire hydrant...
Naegele v. R.J. Reynolds Tobacco Company - 6/9/2000
As modified July 7, 2000. There is no change in the judgment. Petition for rehearing is denied.
JOSEPH NAEGELE, AS CO-TRUSTEE, ETC., ET AL., PLAINTIFFS AND APPELLANTS, v. R.J. REYNOLDS TOBACCO COMPANY ET AL., DEFENDANTS AND...
City of Oceanside v. Superior Court of San Diego County - 6/6/2000
CERTIFIED FOR PUBLICATION
PETITION for peremptory writ of mandate, prohibition or other relief challenging an order of the Superior Court of San Diego County, Thomas P. Nugent, Judge. Petition granted.
City of Oceanside...
Mendoza v. Club Car - 6/5/2000
As amended June 6, 2000
CERTIFIED FOR PARTIAL PUBLICATION
Defendant Club Car, Inc. (CCI), a manufacturer of electric golf carts, appeals from a products liability judgment entered against it following a bifurcated trial on...
Berman v. Health Net - 5/26/2000
CERTIFIED FOR PUBLICATION
APPEAL from an order of the Superior Court of Los Angeles County. J. Stephen Czuleger, Judge. Affirmed.
Defendants and appellants Health Net and Health Systems International, Inc. (Health Net)...
Ringler Associates Inc. v. Maryland Casualty Co. - 5/23/2000
CERTIFIED FOR PUBLICATION
Ringler Associates Incorporated (Ringler) appeals from summary judgment granted in favor of respondents Maryland Casualty Company (Maryland) and Northern Insurance Company of New York (Northern). The...
Coprich v. Superior Court of Los Angeles County - 5/19/2000
CERTIFIED FOR PUBLICATION
PETITION for writ of mandate. Fumiko Hachiya Wasserman, Judge. Petition granted.
Plaintiffs Chantal Coprich and Jeffrey J. Coprich, Jr., through Chantal Coprich as his guardian ad litem, challenge...
Wilson v. John Crane - 5/18/2000
As amended 6/19/00
This is an appeal from a judgment for plaintiffs Lois and Daniel Wilson following a jury trial on their claims for personal injuries and loss of consortium arising from the latter's exposure to asbestos....
Hamilton v. Asbestos Corp. - 5/15/2000
In this case we determine primarily whether a special statute of limitations for injury or illness caused by exposure to asbestos (Code Civ. Proc., § 340.2) bars an action for a certain asbestos-related disease brought by a worker who...
Waters v. Workers' Compensation Appeals Board - 5/3/2000
CERTIFIED FOR PUBLICATION
PROCEEDING to review a decision of the Workers' Compensation Appeals Board. Reversed and remanded.
A workers' compensation judge (WCJ) imposed a 10 percent increase or penalty on T. J. Waters'...
Cornette v. Department of Transportation - 5/3/2000
As modified June 1, 2000. Petition for rehearing is denied. There is no change in the judgment.
STACY CORNETTE ET AL., PLAINTIFFS AND APPELLANTS, V. DEPARTMENT OF TRANSPORTATION, DEFENDANT AND RESPONDENT.
(Los Angeles...
Sandahl v. Beverly Enterprises - 5/1/2000
As modified May 30, 3000. There is no change in the judgment. Defendant's petition for rehearing is denied.
CONSERVATORSHIP OF THE PERSON AND ESTATE OF REBA GREGORY. CHRISTINE SANDAHL, AS CONSERVATOR, ETC., PLAINTIFF AND...
Griego v. Superior Court of Ventura County - 5/1/2000
CERTIFIED FOR PUBLICATION
OPINION AND ORDER
The state initiates civil proceedings to declare a person a sexually violent predator (SVP). In exchange for his deposition testimony on certain matters, he receives transactional...
Bailey v. Reliance Insurance Co. - 3/28/2000
CERTIFIED FOR PUBLICATION
APPEAL from an order of the Superior Court of Los Angeles County, Richard F. Charvat, Judge. Reversed.
Appellants Steven and Jeannette Bailey settled a personal injury action with the driver of a...
Mercury Insurance Company v. Enterprise Rent-A-Car Company of Los Angeles - 3/28/2000
CERTIFIED FOR PUBLICATION
APPEAL from judgments of the Superior Court of Los Angeles County. Michael B. Rutberg, Judge. (Retired judge of the superior court sitting under assignment by the Chairperson of the Judicial Council.)...
Valley Presbyterian Hospital v. The Superior Court of Los Angeles County - 3/27/2000
CERTIFIED FOR PUBLICATION
INTRODUCTION
The lawsuit underlying this mandate proceeding is a wrongful death action brought by plaintiff Cynthia Homel. Her husband, Richard Homel, died immediately following elective back...
Kuykendall v. Workers' Compensation Appeals Board - 3/27/2000
CERTIFIED FOR PUBLICATION
I. INTRODUCTION
John Kuykendall (Kuykendall) seeks a writ of review after the Workers' Compensation Appeals Board (Board) reversed the workers' compensation administrative law judge (WCJ) and...
Lugtu v. California Highway Patrol - 3/24/2000
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of San Diego County, David B. Moon, Judge. Reversed and remanded.
In this case we determine that a law enforcement officer has a duty of reasonable care...
Cruz v. Briseno - 3/23/2000
A sheriff's deputy pursues a speeding motorist but fails to activate his car's siren or lights. The motorist runs a red light at high speed, colliding with another car and killing or injuring its passengers. Is the deputy personally...
See v. Doner-Griswold - 3/22/2000
An unmarried woman in Ohio gives birth to a son and then files a "bastardy complaint" against the infant's father. The father admits paternity and the court orders him to pay child support. The father makes all court-ordered support...
Sterling Builders - 3/17/2000
Third party claimants sued an insured under a commercial general liability policy contending the insured had lied about its intentions to perform certain acts in return for the claimants granting it an easement over their property....
Fox v. Kramer - 3/16/2000
In this matter we address the question whether plaintiffs in a malpractice action could subpoena the expert trial testimony of an investigator for the California Department of Health Services (hereafter DHS), or refer at trial to a...
American Golf Corporation v. Superior Court of the County of Los Angeles - 3/16/2000
CERTIFIED FOR PUBLICATION
ORIGINAL PROCEEDING; petition for writ of mandate. Writ granted. Superior Court of Los Angeles County, Chris R. Conway, Judge.
An errant shot by a golfer ricocheted off a wooden yardage marker,...
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
27 28
|
|