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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Vuillemainroy v. American Rock & Asphalt Inc. - 3/26/1999
CERTIFIED FOR PUBLICATION
(Alameda County Super. Ct. No. 7484960)
Here we are called upon to interpret the language of Supreme Court precedent and determine whether the exclusivity of the worker's compensation remedy bars...
Barris v. County of Los Angeles - 3/25/1999
In this matter, a hospital operated by the County of Los Angeles (hereafter the County) transferred Mychelle Williams to another hospital without providing treatment required to stabilize her emergency medical condition, in violation...
California Pacific Homes Inc. v. Scottsdale Insurance Co. - 3/25/1999
CERTIFIED FOR PUBLICATION
Defendants Scottsdale Insurance Company and National Casualty Company appeal from a judgment entered in favor of plaintiff California Pacific Homes, Inc. on its motion for summary adjudication as to...
Monarch v. Southern Pacific Transportation Co. - 3/25/1999
CERTIFIED FOR PARTIAL PUBLICATION *
In a bifurcated proceeding, the jury found that appellant's action under the Federal Employers' Liability Act (hereafter the FELA) (45 U.S.C. § 51 et seq.) to recover damages for his loss of...
Wilson - 3/19/1999
CERTIFIED FOR PARTIAL PUBLICATION
Wilson, McCall & Daoro, a certified public accounting partnership, and Robert R. Daoro (hereafter collectively Wilson) appeal a summary judgment in favor of American Qualified Plans, Inc....
Fri Holdings Inc. v. Hartford Casualty Insurance Co. - 3/18/1999
Appeal from a judgment of the Superior Court of Orange County, C. Robert Jameson, Judge. Affirmed in part and reversed with directions in part.
When Continental and Northwest Airlines each filed suit to shut down frequent flyer...
Gordon v. Law Offices of Aguirre & Meyer - 3/18/1999
CERTIFIED FOR PUBLICATION
(Super. Ct. No. 705959)
APPEAL from a judgment of the Superior Court of San Diego County, Vincent P. DiFiglia, Judge. Affirmed.
In this legal malpractice action, the sole question is whether...
Notrica v. State Compensation Insurance Fund - 3/17/1999
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County, James E. Satt, Judge. Affirmed in part and conditionally reversed in part.
INTRODUCTION
Joe Notrica, doing business as...
VPS Management Inc. v. Pacific Rim Assurance Co. - 3/17/1999
Modified and certified for publication 4/14/99 (order attached)
xref B121785
APPEAL from a judgment of the Superior Court of Los Angeles County. Daniel A. Curry, Judge. Affirmed.
In its first amended complaint, VPS...
Safeco Insurance Co. v. Robert S. - 3/9/1999
CERTIFIED FOR PUBLICATION
(Super. Ct. No. BC139030)
APPEAL from a judgment of the Superior Court of Los Angeles County, Lawrence W. Crispo, Judge. Reversed and remanded with directions.
INTRODUCTION
In this...
Abbott v. Mandiola - 3/5/1999
Appeal from an order of the Superior Court of Orange County, H. Warren Siegel, Judge. Reversed and remanded.
Sometimes, because of congested court dockets and scheduling difficulties, the "direct calendar" Judge who is assigned...
Delaney v. Baker - 3/4/1999
This case is concerned with the relationship between two parts of the Elder Abuse and Dependent Adults Civil Protection Act, Welfare and Institutions Code section 15600 et seq. (hereinafter the Elder Abuse Act). Section 15657 provides...
McComber v. Wells - 3/3/1999
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...
Malovec v. Hamrell - 3/1/1999
CERTIFIED FOR PUBLICATION
(Super. Ct. No. SC041302)
APPEAL from a judgment of the Superior Court of Los Angeles County. Robert T. Altman, Judge. Reversed.
After granting defendant's motion for summary judgment, the...
Kobzoff v. Los Angeles County Harbor/ Ucla Medical Center - 12/28/1998
Code of Civil Procedure section 1038 allows certain defendants, including public entities, to recover the costs of defending frivolous civil actions under the California Tort Claims Act (Tort Claims Act) if the court determines the...
Akers v. Miller - 12/28/1998
Appeal from a judgment of the Superior Court of Orange County, Byron K. McMillan, Judge. (Retired Judge of the Orange Superior Court, assigned by the Chief Justice pursuant to Cal. Const., art. VI, § 6.) Affirmed.
This...
In re Gay - 12/24/1998
Petitioner Kenneth Earl Gay was convicted by a jury of the June 1, 1983, first degree murder (Pen. Code, § 189) of Paul Verna, a Los Angeles police officer. The jury found that the murder was an intentional killing of a peace officer...
Westphal v. Wal-Mart Stores - 12/18/1998
CERTIFIED FOR PUBLICATION
APPEAL from an order of the Superior Court of Sacramento County, Richard K. Park, Judge. Affirmed.
Wal-Mart Stores, Inc. (defendant) appeals from the judgment in favor of Betty Westphal (plaintiff)...
Watson v. Department of Transportation - 12/18/1998
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Sutter County. Perry Parker, Judge. Reversed.
After an automobile collision between her car and one driven by Charles Watson at a traffic...
Calvillo-Silva v. Home Grocery - 12/17/1998
Filed 12/17/98 (Corrected version)
Section 847 of the Civil Code provides that in certain circumstances an owner of any estate or other interest in real property shall not be liable for injuries that occur upon the property...
Hernandez v. Garcetti - 12/14/1998
CERTIFIED FOR PUBLICATION
Jovanna Hernandez (appellant) filed a government tort claim for third party spoliation of evidence against respondent Gilbert Garcetti (District Attorney). The claim was denied as untimely under the Tort...
San Diego Housing Commission v. Industrial Indemnity Company - 12/10/1998
Filed 12/10/98; appendix not available electronically
CERTIFIED FOR PARTIAL PUBLICATION
APPEAL from a judgment of the Superior Court of San Diego County, Anthony C. Joseph, Judge. Reversed with directions to enter judgment...
Salgado v. County of Los Angeles - 12/7/1998
This matter involves the application of Code of Civil Procedure section 667.7 and Civil Code section 3333.2, both of which were enacted as part of the Medical Injury Compensation Reform Act (MICRA). The former provision allows the...
Sutton v. Golden Gate Bridge - 12/3/1998
Ordered published 12/29/98 (order attached)
In this personal injury action, David Sutton (appellant) appeals from the summary judgment entered in favor of respondent Golden Gate Bridge Highway and Transportation District...
Paxton v. Stewart - 12/3/1998
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of San Diego County, Peter E. Riddle, Judge. Affirmed.
Cynthia Paxton and her husband Richard Paxton (plaintiffs) filed the instant action for medical...
In re Attroney Discipline System - 12/3/1998
On October 14, 1998, this court issued an order soliciting public comment in response to a letter submitted to the court by Governor Pete Wilson and a "Request for a Special Regulatory Assessment" submitted by the State Bar of...
Adam v. City of Fremont - 12/3/1998
I. Introduction
Appellants City of Fremont and Fremont Police Sergeant Steven Osawa appeal from a jury verdict awarding Patrick Adams's surviving spouse and stepdaughter approximately $4 million in this action for wrongful...
Johnson v. McMahan - 12/1/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. MC001725)
APPEAL from a judgment of the Superior Court of Los Angeles County, Frank Jackson and Pamela Rogers, Judges. Reversed and remanded.
The sole issue in this case is...
Sanchez v. Bally''s Total Fitness Corporation - 11/30/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. BC138260)
APPEAL from a judgment of the Superior Court of Los Angeles County, Charles W. McCoy, Judge. Affirmed.
INTRODUCTION
Plaintiff Kathleen Sanchez sued defendant...
Schreiber v. Estate of Kiser - 11/30/1998
I.
Using medical experts to show the cause of an effect is not new. In 1742, James Annesley was charged with murder for shooting a poacher. The case turned on whether Annesley shot the poacher accidentally or intentionally....
Crouse v. Brobeck - 11/25/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. 680246)
Appeals from judgments of the Superior Court of San Diego County, J. Richard Haden, Judge. Affirmed in part and reversed in part.
In these consolidated appeals we...
Turner v. Superior Court of Los Angeles County - 11/24/1998
CERTIFIED FOR PUBLICATION
Super. Ct. No. VC024213
ORIGINAL PROCEEDING, petition for a writ of mandate, Thomas I. McKnew, Jr., Judge. Petition denied.
This is a medical malpractice action against a health care service...
L&B;Real Estate v. Superior Court of Los Angeles - 11/23/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. SC039125)
ORIGINAL PROCEEDING; petition for writ of mandate. Bob T. Hight, Judge. Writ denied.
Petitioners seek a writ of mandate directing the superior court to set aside its...
Rochin v. Johnson - 11/19/1998
As modified December 9, 1998. There is no change in the judgment. Petition for rehearing denied.
JOE ROCHIN, PLAINTIFF AND APPELLANT, v. PAT JOHNSON MANUFACTURING COMPANY ET AL., DEFENDANTS AND RESPONDENTS.
Law Offices...
Sherman v. Kinetic Concepts Inc. - 11/17/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. 726387)
Appeal from a judgment and order of the Superior Court of Orange County, Phillip E. Cox, Judge. (Retired Judge of the Orange County Superior Court, assigned by the Chief...
Major Clients Agency v. Diemer - 11/16/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. SC040800)
APPEAL from a judgment of the Superior Court of Los Angeles County, Lorna Parnell, Judge. Affirmed.
This appeal is from the judgment of dismissal in favor of the...
Aguirre-Alvarez v. Regents of University of California - 11/16/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. SC023830)
APPEAL from a judgment of the Superior Court of Los Angeles County. Laurence D. Rubin, Judge. Affirmed.
Does a hospital treating a patient in constructive police...
Cloud v. Northrop Grumman Corp. - 11/12/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. VC023556)
Appeal from a judgment of the Superior Court of the County of Los Angeles, Thomas I. McKnew, Jr., Judge. Reversed.
Plaintiff and appellant Tina Cloud is a former...
Rosenberg v. Superior Court of Santa Clara County - 11/10/1998
(Santa Clara County Super.Ct.No. CV766833)
(Santa Clara County Super.Ct.No. CV767719)
(Santa Clara County Super.Ct.No. CV769286)
(Santa Clara County Super.Ct.No. CV769534)
(Santa Clara County Super.Ct.No....
Simpson v. Brown - 11/10/1998
As modified December 7, 1998. There is no change in judgment. Petition for rehearing denied.
GUARDIANSHIP OF SYDNEY SIMPSON ET AL., MINORS. ORENTHAL J. SIMPSON, PETITIONER AND RESPONDENT, v. LOUIS BROWN ET AL., OBJECTORS AND...
Syntex Corp. v. Lowsley-Williams and Companies - 11/10/1998
As amended December 9, 1998. There is no change in the judgment. The petition for rehearing is denied.
SYNTEX CORPORATION ET AL., PLAINTIFFS AND RESPONDENTS, v. LOWSLEY-WILLIAMS AND COMPANIES ET AL., DEFENDANTS AND APPELLANTS. ...
Mercury Insurance Group v. Superior Court - 11/9/1998
Ct.App. 4/2 E019906
San Bernardino County Super. Ct. No. SCV19185
We granted review to address an important question of law: Does a trial court have authority to "consolidate" a contractual arbitration proceeding between an...
Abbott v. Taz Express - 11/9/1998
(Super. Ct. No. 716788)
Appeal from a judgment of the Superior Court of Orange County, Ronald L. Bauer, Judge. Affirmed.
This appeal is brought by a personal injury plaintiff who contends a jury award for economic damages...
Badie v. Bank Of America - 11/3/1998
CERTIFIED FOR PUBLICATION
Super. Ct. of the City and County of San Francisco, No. 944916
Plaintiffs, four individuals and two consumer-oriented organizations, Consumer Action and California Trial Lawyers Association, ...
Fidelity & Deposit Co. v. Charter Oak Fire Insurance Co. - 8/27/1998
pub. order 9/18/98 (see end of opn.)
(Super. Ct. No. BC156507)
APPEAL from a judgment of the Superior Court of Los Angeles County, Enrique Romero, Judge. Affirmed.
Appellant, Fidelity & Deposit Company of Maryland...
Brassinga v. City of Mountain View - 8/20/1998
CERTIFIED FOR PUBLICATION
(Santa Clara County Super.Ct. No. CV744729)
The Mountain View, Palo Alto and Los Altos Police Departments each had a Special Weapons and Tactics (SWAT) Team. In order to ensure an adequate response...
Aydin Corp. v. First State Insurance Co. - 8/20/1998
As modified October 14, 1998.
AYDIN CORPORATION, PLAINTIFF AND RESPONDENT, v. FIRST STATE INSURANCE COMPANY, DEFENDANT AND APPELLANT.
Ct. App. 1/4 A068910
Attorneys for Appellant: Crosby, Heafey, Roach & May,...
City of Moorpark v. Superior Court of Ventura County - 8/17/1998
Filed 8/17/98
Ventura County
Ct. App. 2/6 B093952
Super. Ct. No. CIV 152607
Labor Code section 132a (section 132a) prohibits employers from discriminating against employees "who are injured in the course and...
Calatayud v. State - 8/6/1998
Ct. App. 2/4 B079230
Los Angeles Co.
Super. Ct. No. GC 2592
Under the common law doctrine known as the firefighter's rule, the public's liability is limited. One who negligently causes the event to which a police...
Foster-Gardner Inc. v. National Union Fire Insurance Co. - 8/3/1998
No. BC110056
Ct. App. 2/2 B099340
In this case we determine whether environmental agency activity prior to the filing of a complaint, in this case an order notifying the insured that it is a responsible party for pollution...
Scheiding v. General Motors Corp. - 8/3/1998
CERTIFIED FOR PUBLICATION
(San Francisco County Superior Court Nos. 964534, 964765, 964349, 957535, 964764)
Introduction
In five related appeals, former railroad workers, their spouses and survivors seek to overturn...
Fireman''s Fund Insurance. Co. v. Maryland Casualty Co. - 7/31/1998
CERTIFIED FOR PUBLICATION
(Marin County Super. Ct. No. 163978)
In this case, we address the question whether the equitable doctrines of contribution and subrogation are entirely distinct and independent concepts, or instead...
Wright v. Ripley - 7/31/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. 78 05 97)
Appeal from a judgment of the Superior Court of Orange County, Thierry P. Colaw, Judge. Reversed.
Frank Wright sued Phyllis Ripley and Fire Insurance Exchange for...
Jordache Enterprises Inc. v. Brobeck - 7/30/1998
S056954
Ct. App. 2/5 B093126
Los Angeles County Super. Ct. No.
In this case, we again address the meaning of "actual injury" under the legal malpractice statute of limitations, Code of Civil Procedure section 340.6. ...
People v. Frye - 7/30/1998
Amador County Super. Ct. No. 14145
A jury convicted defendant Jerry Grant Frye of two counts of first degree murder (Pen. Code, § 187; all further statutory references are to this code unless noted otherwise), first degree...
Surgin Surgical Instrumentation Inc. v. Truck Insurance Exchange - 6/23/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. 662216)
Appeal from a judgment of the Superior Court of Orange County, C. Robert Jameson, Judge. Reversed.
Introduction
Surgin Surgical Instrumentation, Inc. (Surgin)...
Bunnell v. Department of Corrections - 6/22/1998
CERTIFIED FOR PARTIAL PUBLICATION *
COPY
(Super. Ct. No. 95AS02216)
APPEAL from a judgment of the Superior Court of Sacramento County. Joe S. Gray, Judge. Affirmed.
In this civil action seeking damages for...
Schaefer/Karpf Productions v. CNA Insurance Companies - 6/18/1998
CERTIFIED FOR PARTIAL PUBLICATION *
(Super. Ct. No. SC038792)
APPEAL from a judgment of the Superior Court of Los Angeles County. Richard Neidorf, Judge. Affirmed.
Plaintiff Schaefer/Karpf Productions (Schaefer)...
Davis v. Shiley - 6/17/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. Nos. 772792 & 733224)
Appeal from judgments of the Superior Court of Orange County, William F. Rylaarsdam, Judge. Dismissed in part, reversed in part and remanded. ...
Lazarus v. Titmus - 6/16/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. BC092680)
APPEAL from an order and judgment of the Superior Court of Los Angeles County, Ronald E. Cappai, Judge. Affirmed.
In September of 1993, after an altercation in a...
Carrillo v. Acf Industries Inc. - 6/11/1998
CERTIFIED FOR PARTIAL PUBLICATION *
(Super. Ct. No. BC083711)
APPEAL from a judgment of the Los Angeles County Superior Court. Judge Alban I. Niles. Affirmed.
Defendant ACF Industries, Inc. (ACF), appeals from an...
State v. Superior Court of San Diego County - 6/11/1998
Petitions denied.
Consolidated proceedings in mandate in construction defect actions after the trial court (1) ruled petitioners had not established a "special relationship" with real parties under J'Aire Corp. v. Gregory (1979)...
Kennedy v. Superior Court of Marin County - 6/8/1998
CERTIFIED FOR PUBLICATION
In this case we hold that a party who submits to a medical examination pursuant to Code of Civil Procedure section 2032, subdivision (c), is entitled to a report of that examination on demand even if the...
Gatton v. A.P. Green Services Inc. - 6/8/1998
CERTIFIED FOR PUBLICATION
Plaintiffs in this wrongful death action are the widow and heirs of decedent Jerald A. Gatton (Gatton), who died in April 1995 from mesothelioma caused by occupational exposure to asbestos. Plaintiffs...
North Oakland Medical Clinic v. Rogers - 6/8/1998
CERTIFIED FOR PUBLICATION
Introduction
Plaintiffs North Oakland Medical Clinic and Bruce E. Thompson, M.D., appeal from an order after judgment denying plaintiffs prejudgment interest on a damage award following a jury...
Toland v. Sunland Housing Group Inc. - 6/1/1998
Ct. App. 3 C019163
Sacramento County Super. Ct. No. CV533853
Under the doctrine of peculiar risk, a person who hires an independent contractor to do inherently dangerous work can be held liable for tort damages when the...
Stein-Brief Group Inc. v. Home Indemnity Co. - 5/29/1998
certified for publication 6/29/98
(Super. Ct. No. 693390)
Appeal from a judgment of the Superior Court of Orange County, Brickner, Judge. Affirmed.
Stein-Brief Group, Inc., the developer of two residential projects in...
Maxwell v. Beverly Enterprises-California Inc. - 5/28/1998
CERTIFIED FOR PARTIAL PUBLICATION *
San Francisco City & County Super. Ct. No. 692589
INTRODUCTION
Beverly Enterprises-California, Inc., (hereafter "Beverly") a wholly-owned indirect subsidiary of Beverly...
Norgart v. Upjohn Co. - 5/27/1998
CERTIFIED FOR PUBLICATION
A076401
(Sonoma County
Super. Ct. No. 193265)
Leo and Phyllis Norgart (the Norgarts) appeal from summary judgment in favor of respondent Upjohn Company (Upjohn) in their action for the...
Gutierrez v. Cassiar Mining Corp. - 5/26/1998
CERTIFIED FOR PUBLICATION
A jury in a phased trial of 55 consolidated asbestos cases awarded plaintiff Frank Gutierrez (Gutierrez) damages of $97,240, including $37,240 as economic damages, for occupational exposure to asbestos...
Andres v. Young Men''s Christian Association - 5/22/1998
certified for publication
Stephan Andres accidentally drowned in a Jacuzzi located in the men's locker room of the Young Men's Christian Association (hereafter, YMCA). Stephan's parents, plaintiffs Helmut and Edith Andres, and...
Sagonowsky v. More - 5/22/1998
CERTIFIED FOR PUBLICATION
This case arising out of a real estate dispute raises the novel claim of whether an award made in a commercial contractual arbitration can form the basis for a subsequent action for malicious...
Whoop Inc. v. Dyno Productions Inc. - 5/21/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. BS 033219)
APPEAL from a judgment of the Superior Court of Los Angeles County, Malcolm H. Mackey, Judge. Affirmed.
Dyno Productions, Inc. (hereinafter Dyno), appeals from an...
Wood v. Workers'' Compensation Appeals Board - 5/20/1998
CERTIFIED FOR PUBLICATION
(WCAB Nos. VEN 91695, 90883)
(Ventura County)
Proceeding to review a decision of the Workers' Compensation Appeals Board. Annulled and remanded.
A physician in a workers' compensation...
Scheffield Medical Group Inc. v. Roth - 5/20/1998
CERTIFIED FOR PUBLICATION IN THE OFFICIAL REPORTS
(Super. Ct. No. BC157750)
APPEAL from a judgment of the Superior Court of Los Angeles County. Joseph R. Kalin, Judge. Affirmed.
In this appeal, we are asked to...
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