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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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Gawara v. United States Brass Corp. - 5/18/1998
Filed 4/17/98 Cert. for Partial Pub. 5/18/98 (order attached) This litigation involves polybutylene plumbing which was installed in homes in Briarwood Pointe (Briarwood) and leaked in the majority of the homes. A jury awarded the...

Edson v. City of Anaheim - 5/13/1998
CERTIFIED FOR PARTIAL PUBLICATION * This is an appeal from a defense verdict in a wrongful death action. The lawsuit arose from an incident in which Robert Edson was shot and killed when Anaheim Police Officer Smith, trying to...

Jones v. Dumrichob - 5/13/1998
CERTIFIED FOR PUBLICATION I. Introduction Appellants Patricia A. and Steven Jones appeal the trial court's award of $5,440 in expert witness fees under Code of Civil Procedure section 998 as a discretionary item of...

Arena v. Corning - 5/12/1998
CERTIFIED FOR PARTIAL PUBLICATION * Owens-Corning Fiberglas Corporation ("Owens Corning") and Asbestos Corporation Limited ("ACL") appeal from a judgment in favor of respondent Angelo Arena, awarding damages for injuries...

Cedars-Sinai Medical Center v. Superior Court of Los Angeles County - 5/11/1998
Plaintiff, a child injured during birth, alleges that defendant hospital intentionally destroyed evidence relevant to his malpractice action against the hospital. He seeks to bring a separate tort cause of action against defendant...

Mosier v. Southern California Physicians Insurance Exchange - 5/8/1998
CERTIFIED FOR PUBLICATION This case presents a unique fact situation involving a courtesy defense provided to Dr. Neil Jouvenat, an uninsured physician, by appellant, Southern California Physicians Insurance Exchange (hereinafter...

Fretland v. County of Humboldt - 5/5/1998
CERTIFIED FOR PARTIAL PUBLICATION * I. INTRODUCTION Jon C. Fretland (Fretland) appeals a summary judgment which disposed of his action against his former employer, the County of Humboldt (the County). Fretland contends...

Weeks v. Baker & McKenzie - 5/4/1998
CERTIFIED FOR PUBLICATION A jury found that Martin R. Greenstein, a partner in the law firm of Baker & McKenzie, sexually harassed his secretary, plaintiff Rena Weeks and awarded her $50,000 in compensatory damages from both...

People v. Loot - 4/29/1998
CERTIFIED FOR PARTIAL PUBLICATION * Defendant Kendrick Loot appeals from the judgment following his conviction of attempted murder, assault with a firearm and shooting at an occupied motor vehicle. We affirm. FACTS AND...

Alvarez v. Coregis Insurance Co. - 4/29/1998
CERTIFIED FOR PUBLICATION This case involves the question of whether an insurance carrier has the obligation to defend an employee who is charged with embezzling funds from the insured-employer. In this opinion, we hold that the...

Smith - 12/30/1997
The law firm of Smith, Smith & Kring, and Attorneys Stuart Smith, Gregory Brown and Jeffrey Marquart (collectively SS&K; petitioned to vacate respondent superior court's order recusing the law firm of Haight, Brown &...

Yeap v. Leake - 12/30/1997
Section 473 of the Code of Civil Procedure grants a court discretion "upon any terms as may be just," to "relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or...

Aerojet-General Corp. v. Transport Indem. Co. - 12/29/1997
In this cause, we resolve two issues relating to standard commercial general liability insurance policies, which were formerly called comprehensive general liability insurance policies. The first question is whether site investigation...

Barris v. County of Los Angeles - 12/24/1997
California Court of Appeals B105216 60 Cal.App.4th 471, 70 Cal.Rptr.2d 281, 1997.ca.2 December 24, 1997 DAWNELLE BARRIS, PLAINTIFF AND APPELLANT, v. COUNTY OF LOS ANGELES, DEFENDANT AND...

State Farm Fire & Casualty Co. v. Century Indemnity Co. - 12/23/1997
California Court of Appeals H015142, H015728 1997.ca.6 December 23, 1997 STATE FARM FIRE & CASUALTY COMPANY, PLAINTIFF AND RESPONDENT, v. CENTURY INDEMNITY COMPANY, DEFENDANT AND APPELLANT....

Buzgheia v. Leasco Sierra Grove - 12/22/1997
This case involves fraud by a land developer (Dale Williams) and his operating companies (Leasco) upon a contractor, Hossam Buzgheia. A jury awarded a substantial fraud verdict including punitive damages, and the court awarded...

Pandazos v. Superior Court (Thompson) - 12/22/1997
FACTS Following reversal of a judgment entered after a jury trial of this medical malpractice action, petitioner filed a peremptory challenge to the original trial Judge, David Schacter, under the pertinent provisions of Code of...

Jackson v. County of Los Angeles - 12/19/1997
Plaintiff Eddie Jackson, a safety police officer with the County of Los Angeles ("County"), sustained a work-related injury to his back. He filed a workers' compensation claim, but continued to perform his job without the need for any...

SDC/Pullman Partners v. Tolo Inc. - 12/18/1997
I This case centers on a toxic substance clause in a lease of land to an aerospace manufacturer. The former lessee, defendant Tolo Incorporated, manufactured fusion reactors, particle accelerator parts and radar antennas, among...

Steinfeld v. Foote-Goldman Proctologic Medical Group - 12/16/1997
Following the entry of judgment in appellant Phyllis Steinfeld's medical malpractice action against respondents Foote-Goldman Proctologic Medical Group, Inc., and Harris S. Goldman, M.D., respondents sought an order declaring that...

Weir v. Ferreira - 12/16/1997
FACTUAL AND PROCEDURAL BACKGROUND The Edith May Kelm revocable inter vivos trust dated May 16, 1990 (the trust), was established by Edith May Kelm (the trustor) for her own benefit. Upon her death the trust assets were to be...

Mercury Insurance Group v. Superior Court of San Bernardino County - 12/15/1997
California Court of Appeals E019906 59 Cal.App.4th 1463, 69 Cal.Rptr.2d 869, 1997.ca.3 December 15, 1997 MERCURY INSURANCE GROUP, PETITIONER, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY,...

Spencer v. Merced County Office of Educ. - 12/12/1997
Betty L. Spencer appeals from the denial of her petition for relief from the claim presentation requirements of the Tort Claims Act (Gov. Code, § 900 et seq.). Spencer served the wrong public entity with her claim and now asserts the...

Dowell v. Watson - 12/9/1997
California Court of Appeals E018130 59 Cal.App.4th 1155, 69 Cal.Rptr.2d 692, 1997.ca.4 December 9, 1997 EION MC DOWELL, ET AL., PLAINTIFFS AND RESPONDENTS, v. WILLIAM WATSON, DEFENDANT AND...

Ford v. Pacific Gas and Elec. Co. - 12/8/1997
Cynthia Jill Ford appeals after the trial court sustained a demurrer by Pacific Gas and Electric Company (PG&E; to her wrongful death action. Ford alleged her husband's brain cancer had been caused by occupational exposure to...

North American Chemical Co. v. Superior Court - 12/1/1997
Petitioner, North American Chemical Company ("North American"), seeks a writ of mandate to compel the restoration of a cause of action for negligence to the complaint which it has filed against the real parties in interest, Trans...

Emerson Electric Co. v. Superior Court - 12/1/1997
Code of Civil Procedure section 2025, enacted by the Civil Discovery Act of 1986, permits a party to record testimony at an oral deposition by videotape as well as stenographically. (Id., subd. (l).) It also provides that if a deponent...

Delaney v. Baker - 11/26/1997
California Court of Appeals A073292 59 Cal.App.4th 1403, 69 Cal.Rptr.2d 645, 1997.ca.13 November 26, 1997 KAY DELANEY, PLAINTIFF AND RESPONDENT, v. CALVIN BAKER, SR., ET AL., DEFENDANTS AND...

Caro v. Smith - 11/26/1997
Oral contracts, Samuel Goldwyn is widely quoted as saying, are not worth the paper they are written on. Defendant's lawyers would give the same short shrift to a stipulation signed by one of them to submit a personal injury claim to...

Citrus v. State - 11/26/1997
In this personal injury action, the trial court upheld the State's claim of design immunity and granted the State's motion for summary judgment. Plaintiff, Dole Citrus, a California corporation, appeals, contending that, as a matter of...

O'Mary v. Mitsubishi Electronics America - 11/25/1997
I Introduction Just after attending a presidents meeting, Herb Craft, vice president in charge of program development for Mitsubishi Electronics America in 1990, called "most" of "his managers" into a conference room. One...

State Farm Fire & Casualty Co. v. Century Indemnity Co. - 11/25/1997
I. Introduction In 1987, three former students in the Alternative School Program at Cubberly High School in the Palo Alto Unified School District (District) filed separate but similar actions against four teachers and the...

Fluharty v. Fluharty - 11/21/1997
"The life of the law has not been logic: it has been experience." (Oliver Wendell Holmes, Jr., The Common Law (1881) 1.) There are occasions in the course of judicial decision making when it becomes necessary to stand athwart the...

Mitchell v. Asbestos Corp. - 11/19/1997
California Court of Appeals A076593 59 Cal.App.4th 366, 69 Cal.Rptr.2d 164, 1997.ca.8 November 19, 1997 ARTHUR MITCHELL, PLAINTIFF AND RESPONDENT, v. ASBESTOS CORPORATION, LTD., DEFENDANT AND...

Martin v. Workers' Comp. Appeals Bd. - 11/19/1997
This court granted this petition to review a decision of respondent Workers' Compensation Appeals Board ("WCAB") issued after this court's prior "order and alternative writ of mandate." The WCAB found that employee statements elicited...

Kobzoff v. Harbor U.C.L.A. Medical Center - 11/17/1997
California Court of Appeals B099100 59 Cal.App.4th 219, 69 Cal.Rptr.2d 91, 1997.ca.4 November 17, 1997 MARY KOBZOFF ET AL., PLAINTIFFS AND APPELLANTS, v. HARBOR U.C.L.A. MEDICAL CENTER ET AL.,...

Feurzeig v. Insurance Co. of the West - 11/12/1997
Charles I. Feurzeig (Feurzeig) was named as a cross-defendant in a third party lawsuit, and demanded that respondent Insurance Company of the West (ICW) defend and indemnify him under an insurance policy issued to PVCC, Inc. (PVCC)....

Grahn v. Tosco Corp. - 11/4/1997
I. INTRODUCTION This is an appeal from a jury award of $1,074,420 in favor of respondents Gerald Grahn and his wife Bonnie Grahn for personal injury and loss of consortium resulting from his occupational exposure to...

Weinstein v. St. Mary's Medical Center - 10/30/1997
This case presents the issue whether an employee's action against her employer for injuries sustained as the result of a "slip and fall" while on the employer's premises in the course of treatment for a prior work-related injury is...

Snyder v. Michael's Stores - 10/30/1997
Plaintiff Mikayla Snyder, a minor, alleges she was injured in utero when her mother, Naomi Snyder, breathed carbon monoxide gas in amounts toxic to both Naomi and Mikayla. The injury occurred at Naomi's workplace, a store owned and...

Mosca v. Lichtenwalter - 9/30/1997
Joseph Mosca appeals the grant of summary judgment against him in his personal injury action, contending the trial court erred by finding he assumed the risk of his injury. We affirm. Mosca and 23 others boarded a sportfishing...

Warren v. Schecter - 9/23/1997
Defendant and appellant Lawrence Schecter, M.D. (Dr. Schecter) appeals a judgment in favor of plaintiff and respondent Janet Warren (Warren) following a jury trial of a medical malpractice action arising out of a failure to obtain...

Barr v. ACandS - 9/19/1997
INTRODUCTION Appellants in these three consolidated cases appeal judgments entered in favor of respondents. Relying principally on Darden v. General Motors Corp. (1995) 40 Cal. App. 4th 349 ( Darden ), the trial courts determined...

American Casualty Co. v. O'Flaherty - 9/19/1997
A hospital and a number of its professional staff, including a nurse, were sued by the heirs of a patient for wrongful death. The insurance carrier for the hospital undertook the defense of that institution and its staff, and hired...

Jones v. Dutra Construction Co. - 9/16/1997
Robert Jones appeals from a summary judgment granted in favor of respondent, Dutra Construction Company. The trial court found appellant's action for negligence barred by section 905, subdivision (b), of the federal Longshore and...

Forsyth v. Jones - 9/11/1997
California Court of Appeals E015323 57 Cal.App.4th 776, 67 Cal.Rptr.2d 357, 1997.ca.1 September 11, 1997 RONALD FORSYTH, PLAINTIFF AND APPELLANT, v. KENNETH JONES, DEFENDANT AND RESPONDENT. <...

Salgado v. County of Los Angeles - 9/3/1997
California Court of Appeals B085845 57 Cal.App.4th 574, 67 Cal.Rptr.2d 256, 1997.ca.1 September 3, 1997 JABES SALGADO, ETC., ET AL., PLAINTIFFS AND APPELLANTS, v. COUNTY OF LOS ANGELES ET AL.,...

Engalla v. Permanente Medical Group - 6/30/1997
In this case we consider the circumstances under which a court may deny a petition to compel arbitration because of the petitioner's fraud in inducing the arbitration agreement or waiver of the arbitration agreement. Plaintiffs are...

Bennett v. Suncloud - 6/30/1997
Appellant Michael R. Bennett appeals from the judgment entered after the demurrer of respondent Suncloud, a division of Bausch & Lomb, Inc. ("Suncloud"), to his third amended complaint was sustained. We reverse in part and affirm...

Hansen v. Sunnyside Products - 6/26/1997
SIMS, J. In this products liability action involving a household cleanser, we hold that product label warnings are relevant in determining whether a product has a design defect under the risk/benefit test. A jury returned a...

Acuna v. Regents of University of California - 6/25/1997
643Roldofo F. Acuna appeals from a judgment of dismissal entered after the trial court granted motions for summary adjudication and summary judgment on his action for employment discrimination. The trial court ruled that the cause of...

General Accident Ins. Co. v. Superior Court - 6/25/1997
JONES, J. This mandate proceeding raises the question whether a finding of corporate successor liability for asbestos torts entitles the liable successor, as a matter of law, to the insurance coverage of the predecessor...

Empire Fire & Marine Ins. Co. v. Bell - 6/24/1997
DOSSEE, J. This dispute between an insurance carrier and its policyholder, Bell's Ambulance Service, requires us to consider the impact of a Sonoma County ordinance requiring ambulance services to maintain liability insurance and...

Building Maintenance Service Co. v. AIL Systems - 6/11/1997
LILLIE, P. J. AIL Systems, Inc. (AIL) appeals from that part of a judgment determining that Building Maintenance Service Company (BMS) was the prevailing party on AIL's cross-complaint and awarding costs and attorney's fees to...

Russell v. Stanford University Hospital - 6/5/1997
In this matter we address apparently conflicting provisions in the Code of Civil Procedure, as amended by the 1975 Medical Injury Compensation Reform Act (hereafter MICRA), concerning the statute of limitations for bringing...

Richmond v. A.P. Green Industries Inc. - 6/4/1997
California Court of Appeals A071729 55 Cal.App.4th 565, 64 Cal.Rptr.2d 199, 1997.ca.3 June 4, 1997 KYLE RICHMOND, PLAINTIFF AND RESPONDENT, v. A.P. GREEN INDUSTRIES, INC., ET AL., DEFENDANTS AND...

Torres v. Automobile Club of So. California - 6/2/1997
Civil Code section 3295, subdivision (d), provides in pertinent part that a court "shall, on application of any defendant, preclude the admission of evidence of that defendant's profits or financial condition until after the trier of...

Simon Levi Co. v. Dun & Bradstreet Pension Services - 6/2/1997
HASTINGS, J. This case presents the question whether the Employee Retirement Income Security Act of 1974 (ERISA), 88 Statute 829, as amended, 29 United States Code section 1001 et seq., preempts state common law claims by an...

Sharon P. v. Arman - 5/30/1997
California Court of Appeals B094739 55 Cal.App.4th 445, 1997.ca.7 May 30, 1997 SHARON P., PLAINTIFF AND APPELLANT, v. ARMAN, LTD., ET AL., DEFENDANTS AND RESPONDENTS.
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