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.
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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,...
PMC - 3/14/2000
As modified April 7, 2000. There is no change in judgment.
PMC, INC., ET AL., PLAINTIFFS AND APPELLANTS, v. NEIL KADISHA ET AL., DEFENDANTS AND RESPONDENTS.
(Super. Ct. No. BC193482)
Christensen, Miller, Fink,...
Scheiding v. General Motors Corporation - 3/9/2000
(Consolidated): 964349, 957535, 964764 [And four other cases.]
Almost 75 years ago, the United States Supreme Court held that the Locomotive Boiler Inspection Act (BIA or Act), now codified at 49 United States Code section 20701...
Lane v. Hughes Aircraft Company - 3/6/2000
As modified May 10, 2000. There is no change in judgment.
JEFFREY LANE ET AL., PLAINTIFFS AND APPELLANTS, v. HUGHES AIRCRAFT COMPANY, DEFENDANT AND RESPONDENT.
Ct. App. 2/7 No. B090258 Los Angeles County Super. Ct. Nos....
Etcheverry v. Tri-Ag Service - 3/2/2000
The question presented by this case is whether state law claims for failure to warn of the risks of using a pesticide are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. § 136 et seq. (FIFRA)). ...
Kirby v. Southern California Edison Co. - 2/29/2000
APPEAL from the Superior Court of San Bernardino County. A. Rex Victor, Judge. Reversed with directions.
A plaintiff in a wrongful death action appeals from an order dismissing her action pursuant to Code of Civil Procedure...
Anaya v. Superior Court of Los Angeles County - 2/29/2000
CERTIFIED FOR PUBLICATION
ORIGINAL PROCEEDING; Petition for Writ of Mandate. Rodney E. Nelson, Judge. Petition granted.
We hold that the demurrer of Ralph Rodriguez Diaz, Gabriel Eudalgo Lara, and Robert Wayne Everton to...
Lund v. Bally's Aerobic Plus - 2/28/2000
CERTIFIED FOR PUBLICATION
The modern health or fitness club is a place where a person can attain physical health and fitness. It is also a place where a person can get hurt. For this reason, most, if not all, health clubs require...
Shade Foods - 2/28/2000
As amended March 29, 2000; no change in the judgment; all petitions for rehearing are denied.
SHADE FOODS, INC., PLAINTIFF AND APPELLANT, V. INNOVATIVE PRODUCTS SALES & MARKETING, INC., DEFENDANT, CROSS-COMPLAINANT AND...
Burroughs v. Precision Airmotive Corp. - 2/25/2000
CERTIFIED FOR PUBLICATION
Plaintiffs suffered injuries in the crash of a light aircraft, allegedly due to a malfunction in the engine's carburetor. Defendant is an aircraft parts manufacturer who did not manufacture or sell this...
Hernandez v. California Hospital Medical Center - 2/23/2000
CERTIFIED FOR PUBLICATION
Plaintiff Jose Hernandez, the son of Manuel Hernandez, appeals from summary judgment granted to defendant California Hospital Medical Center (respondent) in this medical malpractice action. After review...
People v. Clem - 2/17/2000
CERTIFIED FOR PUBLICATION
In this appeal we hold that grossly negligent discharge of a firearm in violation of Penal Code section 246.3 is an offense "inherently dangerous to human life" which will support a conviction of second...
Brown v. Williams - 2/10/2000
CERTIFIED FOR PUBLICATION
Appeal from an order of the Superior Court of Los Angeles County. Ralph W. Dau, Judge. Affirmed.
La Tanya Brown (plaintiff) allegedly was injured when she slipped and fell down three stairs on...
Styne v. Stevens - 2/8/2000
CERTIFIED FOR PARTIAL PUBLICATION *
APPEAL from an order of the Superior Court of Los Angeles County. Reginald Dunn, Judge. Reversed.
This case presents two main issues. The first is whether a trial court has jurisdiction...
Mossanen v. Monfared - 2/4/2000
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County, John W. Ouderkirk, Judge. Reversed.
This is an action for medical malpractice, brought on behalf of Mateen Mossanen, a minor. The...
Butcher v. Truck Insurance Exchange - 2/3/2000
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County, Irving Feffer, Judge. Reversed and remanded.
Insureds, facing suit for malicious prosecution, turned to their insurer for a...
Stearman v. Homes - 1/31/2000
Appeals from a judgment and orders of the Superior Court of Orange County, Byron K. McMillan, Judge. (Retired judge of the Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California...
Samuels v. Mix - 12/30/1999
For purposes of applying the one-year-from-discovery limitation on commencement of attorney malpractice actions in Code of Civil Procedure section 340.6, subdivision (a) (section 340.6(a)), who bears the burden of proving when the...
Levy v. PacifiCare of California - 12/22/1999
APPEAL from the Superior Court of Riverside County. Douglas P. Miller, Judge. Affirmed.
Plaintiff Gilbert Levy appeals from an adverse judgment entered after defendants' demurrers to the first amended complaint were sustained...
McGill v. M.J. Brock & Sons - 12/15/1999
As modified January 13, 2000. Petition for rehearing denied. There is no change in judgment.
JAMES L. MCGILL, ET AL., PLAINTIFFS AND APPELLANTS, v. M. J. BROCK & SONS, INC., DEFENDANT AND RESPONDENT.
(Super.Ct.No....
Estate of Brenner v. Brenner - 12/15/1999
CERTIFIED FOR PUBLICATION
APPEAL from an order of the Superior Court of Los Angeles County. Timothy A. Whitehouse, Temporary Judge. Reversed.
SUMMARY
Photocopies of a testator's handwritten property dispositions,...
Cassel v. Sullivan - 12/9/1999
CERTIFIED FOR PUBLICATION
In this procedurally involved case, Robert M. Cassel twice obtained judgment in the amount of $305,690 plus interest and attorney fees in his action for an accounting, valuation and payment of his...
Gonzales v. Southern California Edison Company - 12/9/1999
Plaintiffs, Miguel and Estefania Gonzales, appeal from summary judgment, in an action for the wrongful death of their son, granted to defendants Southern California Edison Company (Edison) and Mark and Cathy Louchheim (the Louchheims;...
Valley Casework - 12/6/1999
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of San Diego County, William J. Howatt, Judge. Reversed with directions.
In this case of first impression, we are called upon to reconcile the equitable...
Hovanec v. Van Nuys Airport Restaurant Corp. - 12/3/1999
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County, Richard B. Wolfe, Judge. Affirmed.
INTRODUCTION
Plaintiff and appellant Linda Hovanec appeals from a judgment of dismissal...
Kendall-Jackson Winery - 12/3/1999
As amended January 3, 2000. Petition for rehearing denied. There is no change in judgment.
KENDALL-JACKSON WINERY, LTD., PETITIONER, V. THE SUPERIOR COURT OF STANISLAUS COUNTY, RESPONDENT; E. & J. GALLO WINERY, REAL PARTY IN...
Broughton v. Cigna Healthplans of California - 12/2/1999
In this case we consider whether a claim brought under the Consumer Legal Remedies Acts, Civil Code section 1750 et seq. (CLRA or the Act), may be subject to arbitration. The Court of Appeal concluded that such a claim would not be...
Barnhart v. Cabrillo Community College - 12/2/1999
CERTIFIED FOR PUBLICATION
Plaintiffs Roy Dewey Barnhart III, Masao Drexel, and Robert Zamora sued defendants Cabrillo Community College and Jason Rene Larrieu for personal injuries suffered in an automobile accident. The accident...
Oliver v. AT&T;Wireless Services - 11/29/1999
CERTIFIED FOR PARTIAL PUBLICATION *
APPEAL from the judgment of the Superior Court of Butte County, Roger Gilbert, Judge. Affirmed.
After an existing 110-foot cellular telephone transmission tower on their neighbors'...
Dibble v. Superior Court of San Bernardino County - 11/29/1999
APPEAL from the Superior Court of San Bernardino County. APPEAL treated as ORIGINAL PROCEEDING. Petition for Writ of Mandate. Granted. (Jules E. Fleuret, Judge.)
Case law holds generally that, where one party to a multi-party...
Merrill v. Navegar - 9/29/1999
(concurring and Concurring & Dissenting opns., attached)
CERTIFIED FOR PUBLICATION
INTRODUCTION
On July 1, 1993, Gian Luigi Ferri (Ferri) entered 101 California Street, a high-rise office building in San...
Woo v. Superior Court of San Diego County - 9/23/1999
CERTIFIED FOR PUBLICATION
Defendant Victor L. Woo filed this petition for writ of mandate challenging the trial court's denial of his motion for summary judgment in a medical malpractice action filed by plaintiff and real party...
California Casualty Indemnity Exchange v. Frerichs - 9/21/1999
CERTIFIED FOR PUBLICATION
(Sutter)
APPEAL from a judgment of the Superior Court of Sutter County. Christopher Chandler, Judge. Reversed.
This is an appeal from a judgment in an action for declaratory relief brought by...
Filippo Industries - 9/21/1999
APPEAL from a judgment of the Superior Court of Los Angeles County. Henry W. Shatford, Judge. Affirmed in part and reversed in part.
CERTIFIED FOR PARTIAL PUBLICATION* * Pursuant to California Rules of Court, rules 976(b) and...
Maxconn Inc. v. Truck Insurance Exchange - 9/16/1999
CERTIFIED FOR PUBLICATION
In this case, we decide whether patent infringement may be considered advertising injury under a commercial general liability (CGL) policy that defines advertising injury as " nfringement of copyright,...
Lagatree v. Luce - 9/13/1999
CERTIFIED FOR PUBLICATION
APPEALS from judgments of the Superior Court of Los Angeles County, Wendell Mortimer, Jr., and Alexander H. Williams III, Judges. Affirmed.
This appeal presents the question of whether an employee...
Alt v. Superior Court - 9/7/1999
CERTIFIED FOR PUBLICATION
(Shasta)
In this writ of mandate proceeding, a police officer, Albert Alt (Alt), seeks discovery of the personnel records of a fellow officer, Duane Morrison (Morrison). This matter arose after...
Hartwell Corporation v. The Superior Court of Venture County - 9/1/1999
CERTIFIED FOR PUBLICATION
[And eight other cases.]
These eight writ petitions and one appeal, consolidated for decision, raise questions about the relationship between court actions and California Public Utilities...
Savnik v. Hall - 8/30/1999
CERTIFIED FOR PUBLICATION
APPEAL from an order of the Superior Court of El Dorado County, Patrick J. Riley, Judge. Affirmed in part and reversed in part.
Defendant Opal Hall appeals from an order denying her motion for...
Vandenberg v. Superior Court of Sacramento County - 8/30/1999
(re-posted due to apparent .doc file damage on first posting)
This case presents two issues. First, we must consider when, if ever, a judicially confirmed award in an arbitration governed by California's private arbitration law...
McKelvey v. Boeing North American Inc. - 6/29/1999
MODIFYING OPINION Filed 7/14/99
(Ordered partially published 7/14/99; order & mod. attached)
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
APPEALS from judgments of the Superior Court of Los Angeles County, and...
Hobson v. Raychem Corp. - 6/25/1999
(Ordered published 7/14/99; order attached)
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
In this case Tracy Hobson (appellant) claims that her employer Raychem Corporation (Raychem) unlawfully discriminated against her because...
Bowen v. Workers'' Compensation Appeals Board - 6/24/1999
CERTIFIED FOR PUBLICATION
Proceeding to review a decision of the Workers' Compensation Appeals Board. Annulled and remanded.
Petitioner and applicant Mitchel Bowen, a California resident, suffered an injury in Florida while...
Sanders v. American Broadcasting Companies Inc. - 6/24/1999
Defendant Stacy Lescht, a reporter employed by defendant American Broadcasting Companies, Inc. (ABC), obtained employment as a "telepsychic" with the Psychic Marketing Group (PMG), which also employed plaintiff Mark Sanders in that...
Kroll & Tract v. Paris & Paris - 6/24/1999
Appeal from a judgment of the Superior Court of Orange County, James H. Poole, Judge. Affirmed.
Barton, Klugman & Oetting and Charles J. Schufreider for Cross-complainants and Appellants. Wilner, Klein & Siegel, Edward...
State Farm Mutual Automobile Insurance Co. v. Federal Insurance Co. - 6/18/1999
APPEAL from a judgment of the Superior Court of Fresno County. Lawrence J. O'Neill, Judge.
The primary issue presented by this appeal is whether, for purposes of disqualification, the attorney representing an insured is also...
Ochoa v. California State University - 6/15/1999
CERTIFIED FOR PUBLICATION
COPY
APPEAL from a judgment of the Superior Court of Sacramento County. Joe S. Gray, Judge. Affirmed.
Plaintiff John Ochoa appeals following the dismissal of his personal injury complaint...
Sierra Club Foundation v. Graham - 6/10/1999
CERTIFIED FOR PUBLICATION
This case has a hint of the "stranger than fiction" flavor:
"Foundation sues former, substantial donor for malicious prosecution based on the donor's fruitless federal suit against the foundation...
Aetna Health Plans of California Inc. v. Yucaipa-Calimesa Joint Unified School District - 6/10/1999
APPEAL from the Superior Court of San Bernardino County. Christopher J. Warner, Judge. (Judge of the Municipal Court, assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.
Cross-complainant and...
Reliance National Indemnity Co. v. General Star Indemnity Co. - 6/9/1999
CERTIFIED FOR PARTIAL PUBLICATION*
APPEAL from a judgment of the Superior Court of Los Angeles County, Edward M. Ross, Judge. (Retired Judge of the superior court sitting under assignment by the Chairperson of the Judicial...
Austin v. Superior Court of Orange County - 6/9/1999
Original proceedings; petition for a writ of mandate to challenge an order of the Superior Court of California, County of Orange, Sheila Fell, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Writ granted.
We follow...
Arambula v. Wells - 6/8/1999
Charity begins at home. And there it should stay, assuming the donor so intended. To promote the charitable impulse, we apply the collateral source rule to gratuitous payments (including moneys to cover lost wages) by family or...
Temple Community Hospital v. Superior Court of Los Angeles County - 5/27/1999
In Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1 (Cedars-Sinai), we concluded that no tort cause of action will lie against a party to litigation for the intentional destruction or suppression of evidence when the...
People v. Hering - 5/27/1999
In this case we must determine whether Business and Professions Code section 650 and Insurance Code section 750 require instruction on specific intent. In the abstract, both may be characterized as specific intent crimes because in...
Allison v. Workers'' Compensation Appeals Board - 5/27/1999
CERTIFIED FOR PUBLICATION
Proceeding to review a decision of the Workers' Compensation Appeals Board. Frank Quinones, Workers' Compensation Judge. Reversed.
Petitioner Carol Allison ("Allison") seeks relief from an order of...
Howard v. Corning - 5/26/1999
CERTIFIED FOR PUBLICATION
This appeal arises from a lawsuit alleging permanent personal injuries arising from exposure to asbestos and products containing asbestos. Denis B. Howard and Malee C. Howard appeals a special jury...
People v. Henley - 5/25/1999
APPEAL from a judgment of the Superior Court of Stanislaus County. Edward M. Lacy, Jr., Judge.
A felony is "serious" if the defendant personally inflicts great bodily injury on any person other than an accomplice. When the...
McComber v. Wells - 5/25/1999
Appeal from a judgment of the Superior Court of Orange County, James W. Cook, Judge. (Retired Judge of the superior court, assigned by the Chief Justice pursuant to Cal. Const., art. VI, § 6.) Affirmed as modified.
A notary...
People v. Jung - 5/25/1999
[NO CHANGE IN JUDGMENT]
It is ordered that the Dissenting opinion filed herein on April 29, 1999 and certified for partial publication, be modified in its entirety, as follows:
I respectfully Dissent.
I do not...
Pruitt v. General Motors Corporation - 5/24/1999
Ordered partially published 6/23/99 (order attached)
An automobile air bag deploys in a low impact collision injuring plaintiff driver. In her jury trial against defendant respondent General Motors Corporation (GMC), appellant...
Baines Pickwick Limited v. City of Los Angeles - 5/20/1999
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County. Florence-Marie Cooper, Judge. Reversed and remanded.
Defendant and appellant City of Los Angeles (the City) appeals a judgment in...
Anderson v. Metalclad Insulation Corp. - 5/19/1999
CERTIFIED FOR PUBLICATION
Warren L. Anderson, Jr., appeals from a judgment entered in favor of Metalclad Insulation Corporation (Metalclad) after the court granted Metalclad's motion for summary judgment on the ground that...
Baum v. Spradling - 5/13/1999
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of San Diego County, Robert J. O'Neill, Judge. Affirmed.
Plaintiff Dwight J. Baum, as trustee for the Baum Trust, (Baum Trust) appeals a judgment...
PPG Industries Inc. v. Transamerica Insurance Co. - 5/10/1999
In each policy of liability insurance, California law implies a covenant of good faith and fair dealing. This implied covenant obligates the insurance company, among other things, to make reasonable efforts to settle a third party's...
Sosnick v. Sosnick - 5/5/1999
Filed 4/19/99; Pub. Order filed 5/5/99 (see end of opn.)
CERTIFIED FOR PUBLICATION
Appellant Naomi Sosnick sued her ex-husband for damages for assault and battery after entry of final judgment in their dissolution action....
Spray v. Associated International Insurance Co. - 5/4/1999
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County. David Yaffe, Judge. Reversed and remanded for further proceedings.
Plaintiff Spray, Gould & Bowers is a law firm ("SG&B;)...
City of Morgan Hill v. Brown - 4/30/1999
Rehearing Denied May 26, 1999.
Review Denied July 21, 1999
The City of Morgan Hill (the City) filed a complaint in interpleader asking that Brown, Pistone, Hurley, & Van Vlear (the Firm) and Attorney Margaret A....
Montes v. Gibbens - 4/29/1999
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County. Malcolm Mackey, Judge. Modified and affirmed.
This matter presents the novel issue of whether Civil Code section 3333.4, enacted...
Lurye v. Southern California Edison Company - 4/29/1999
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County. Hugh C. Gardner, III, Judge. Reversed and remanded.
In this case a public utility contracted with a municipality to install and...
People v. Jung - 4/29/1999
CERTIFIED FOR PARTIAL PUBLICATION *
APPEAL from a judgment of the Superior Court of Los Angeles County. Carlos Moreno, Judge. Affirmed as modified.
Defendant and appellant Dale Jung appeals from a judgment following two...
Seretti v. Superior National Insurance Co. - 4/28/1999
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County, Madeleine I. Flier, Judge. Affirmed.
Appellants Phillip Seretti and Janja Vujovich contend on appeal that respondent Superior...
Armato v. Baden - 4/28/1999
CERTIFIED FOR PUBLICATION
APPEAL from judgments of the Superior Court of Los Angeles County. Charles W. Stoll, Judge. Affirmed.
Plaintiff appeals from summary judgment granted in favor of defendants Baden, Conwisar, Kay and...
Kazi v. State Farm Fire and Casualty Co. - 3/29/1999
CERTIFIED FOR PARTIAL PUBLICATION*
APPEALS from orders and a judgment of the Superior Court of Los Angeles County, Charles W. Stoll and Cesar C. Sarmiento, Judges. Reversed in part, affirmed in part and remanded. ...
Singer v. Superior Court of Los Angeles County - 3/29/1999
CERTIFIED FOR PUBLICATION
ORIGINAL PROCEEDING; application for a writ of mandate. Writ granted.
INTRODUCTION
This mandate proceeding challenges the superior court's order transferring a lawsuit to the municipal court....
Bonds v. Roy - 3/29/1999
The issue in this case is whether under Code of Civil Procedure section 2034 (section 2034), which provides for discovery of expert witness information, a trial court may preclude an expert witness from testifying at trial on a subject...
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