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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Truck Ins. Exchange v. Bennett - 2/27/1997
KITCHING, J.
INTRODUCTION
In the published portion of this opinion, we hold that a personal injury liability clause does not provide coverage for a cause of action for disparagement of title or slander of title brought...
Farmers Ins. Exchange v. Zerin - 2/27/1997
PUGLIA, P. J.
Plaintiff, Farmers Insurance Exchange (Farmers), appeals from a judgment of dismissal entered after the trial court sustained general demurrers to the complaint, in part with leave to amend, and Farmers declined to...
Hepner v. Franchise Tax Bd. - 2/26/1997
KLEIN, P. J.
Plaintiffs and appellants Gershon W. Hepner (Hepner) and Linda Hepner (Mrs. Hepner) (collectively, the Hepners) appeal a judgment denying their petition for writ of mandate wherein they sought to overturn certain...
Tibor v. Superior Court - 2/25/1997
BOREN, P. J.
Petitioner, Thomas Laurence Tibor, a Los Angeles County deputy public defender, seeks a writ of mandate directing the superior court to set aside its order denying his motion for summary judgment.
I. FACTUAL...
Daum v. SpineCare Medical Group - 2/21/1997
PARRILLI, J.
In Cobbs v. Grant (1972) 8 Cal. 3d 229 [104 Cal. Rptr. 505, 502 P.2d 1] (Cobbs), and Arato v. Avedon (1993) 5 Cal. 4th 1172 [23 Cal. Rptr. 2d 131, 858 P.2d 598] (Arato), our Supreme Court established a carefully...
Escobedo v. Estate of Snider - 2/20/1997
WERDEGAR, J.
This case calls on us to interpret the California Uniform Aircraft Financial Responsibility Act (hereafter CUAFRA), Public Utilities Code sections 24230 to 24410. In particular, we are required to decide whether an...
Mattco Forge - 2/7/1997
KLEIN, P. J.
Appellants and cross-respondents Arthur Young & Company, Richard E. Lamping, Thomas W. Blumer and Ernst & Young (collectively Arthur Young) appeal the judgment following jury verdicts in favor of respondent...
Landgate Inc. v. California Coastal Commission - 2/7/1997
California Court of Appeals
B084315
52 Cal.App.4th 784, 61 Cal.Rptr.2d 196, 1997.ca.5
February 7, 1997
LANDGATE, INC., ET AL., PLAINTIFFS AND APPELLANTS, v. CALIFORNIA COASTAL COMMISSION, DEFENDANT...
L. C. Rudd & Son - 2/6/1997
ANDERSON, P. J.
L. C. Rudd & Son, Inc. (petitioner), a nonsettling defendant in a construction defects suit, seeks a writ of mandate to set aside a determination that a settlement in the action was in good faith. Petitioner...
Rio Linda Unified School Dist. v. Superior Court - 2/6/1997
DAVIS, J.
Real parties in interest Luis Diaz, Jr., and his mother, Maria Diaz (for convenience, we shall refer only to Luis Diaz as real party), brought this personal injury action against petitioner Rio Linda Unified School...
Alcaraz v. Vece - 1/31/1997
GEORGE, C. J.
Plaintiff Gilardo C. Alcaraz was injured when he stepped into a water meter box located in the lawn in front of the rental property of which he was a tenant. The cover of the meter box either was broken or missing....
Allan v. Snow Summit - 12/30/1996
WARD, J.
Plaintiff Gary Allan sued defendant Snow Summit, Inc., (Snow Summit) for injuries he allegedly suffered during a ski lesson. The trial court granted summary judgment in favor of Snow Summit on the basis of a release and...
Paper Savers - 12/19/1996
JOHNSON, J.
An insured appeals from a summary judgment entered in favor of an insurance company and insurance agent. The insured alleges the agent misled him regarding the extent of coverage for losses of business personal...
Truck Ins. Exchange v. Superior Court - 12/18/1996
HASTINGS, J.
This writ proceeding presents a question whether confirmation of an arbitration award pursuant to Civil Code section 2860 is inconsistent with a prior reservation of rights issued by an insurance carrier. We conclude...
Lozano v. Scalier - 12/17/1996
DOSSEE, J.
This appeal raises a single legal issue: whether, in order to bring a wrongful death action, the father of a child born out of wedlock must have acknowledged the child (1) after the child's birth (2) in a written and...
Bay Summit Community Assn. v. Shell Oil Co. - 12/16/1996
HALLER, J.
The developer of a condominium development, Bay Summit, installed polybutylene plumbing in the individual condominium units and in the common areas. After the plumbing developed numerous leaks, the Bay Summit Community...
Longval v. Workers' Comp. Appeals Bd. - 12/16/1996
HALLER, J.
In this workers' compensation proceeding, we granted the applicant representative's petition for a writ of review to decide whether 1991 amendments to Labor Code sections 4903, subdivision (a), and 5710, subdivision...
Uriarte v. United States Pipe & Foundry Co. - 12/16/1996
HAERLE, J.
I. INTRODUCTION
Respondent Heriberto Uriarte sued his employer, appellant United States Pipe and Foundry Company, and three other defendants for personal injuries suffered by him as a result of a 1992 plant...
Shulman v. Group W Productions Inc. - 12/13/1996
California Court of Appeals
No. B081390
51 Cal.App.4th 850, 59 Cal.Rptr.2d 434, 1996.ca.4
December 13, 1996
RUTH SHULMAN ET AL., PLAINTIFFS AND APPELLANTS, v. GROUP W PRODUCTIONS, INC., ET AL.,...
Vons Companies - 12/12/1996
GEORGE, C. J.
We consider in this case the issue whether California courts may exercise personal jurisdiction over owners of "fast food" restaurant franchises located in another state, in litigation stemming from several...
Martin v. County of Los Angeles - 12/12/1996
ARMSTRONG, J.
In this equitable indemnity action, we determine that the County of Los Angeles was entitled to have the case heard by a jury. Because the trial court denied the county a jury trial, we reverse the judgment. In the...
Rosenthal v. Great Western Fin. Securities Corp. - 12/12/1996
WERDEGAR, J.
In this case involving the enforcement of a predispute arbitration clause in a client agreement executed in the purchase of securities, we address the procedures by which petitions to compel arbitration (Code Civ....
McCarthy v. Martinson - 12/11/1996
NOTT, J.
In a 1985 decision that raised the eyebrows of legal scholars and the temperature of the business community, the California Supreme Court held that a residential landlord could be strictly liable to a tenant for latent...
In re Visciotti - 12/9/1996
BAXTER, J.
Petitioner John Louis Visciotti was convicted by a jury in the Orange County Superior Court of first degree murder of Timothy Dykstra with a robbery special circumstance (Pen. Code, § 189, 190.2, subd. (a)(17)(i)),...
Transport Insurance Co. v. Insurance Co. - 12/5/1996
California Court of Appeals
No. B097350
51 Cal.App.4th 487, 59 Cal.Rptr.2d 126, 1996.ca.1
December 5, 1996
TRANSPORT INSURANCE COMPANY, PLAINTIFF AND APPELLANT, v. INSURANCE COMPANY OF NORTH...
Employers Mutual Liability Insurance Co. v. Tutor-Saliba - 11/27/1996
California Court of Appeals
No. B094170
51 Cal.App.4th 384, 59 Cal.Rptr.2d 92, 1996.ca.7
November 27, 1996
EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, PLAINTIFF AND RESPONDENT, v....
Amato v. Mercury Casualty Co. - 11/27/1996
California Court of Appeals
No. B088402
51 Cal.App.4th 1, 58 Cal.Rptr.2d 784, 1996.ca.5
November 27, 1996
ANTHONY CHARLES AMATO, PLAINTIFF AND APPELLANT, v. MERCURY CASUALTY COMPANY, DEFENDANT AND...
Soldinger v. Northwest Airlines - 11/27/1996
ALDRICH, J.
This case involves the scope of federal preemption under the Railway Labor Act (RLA), 45 United States Code section 151 et seq. The primary question presented is whether an airline employee may pursue available state...
Adkins v. State of California - 11/26/1996
ALDRICH, J.
This case comes to us after the trial court granted a nonsuit in favor of defendant and respondent State of California (the State) at the Conclusion of plaintiffs' opening statement. The court entered judgment finding...
Peters v. Saunders - 11/26/1996
California Court of Appeals
No. B092492
50 Cal.App.4th 1823, 58 Cal.Rptr.2d 690, 1996.ca.8
November 26, 1996
RONALD J. PETERS, CROSS-COMPLAINANT AND APPELLANT, v. MARK SAUNDERS, CROSS-DEFENDANT AND...
Riddell v. State of California - 11/21/1996
California Court of Appeals
No. B095171.
50 Cal.App.4th 1607, 58 Cal.Rptr.2d 555, 1996.ca.7
November 21, 1996
BRETT KEVIN RIDDELL, PLAINTIFF AND RESPONDENT, v. THE STATE OF CALIFORNIA, DEFENDANT;...
Steinfeld v. Foote-Goldman Proctologic Medical Group - 11/21/1996
EPSTEIN, J.
This appeal challenges the award of prejudgment interest and expert fees to a successful plaintiff following an unapportioned statutory offer of compromise presented to two defendants. We conclude that where multiple...
County of Los Angeles v. Superior Court of Los Angeles County - 11/20/1996
California Court of Appeals
No. B099753
50 Cal.App.4th 1453, 58 Cal.Rptr.2d 358, 1996.ca.2
November 20, 1996
COUNTY OF LOS ANGELES ET AL., PETITIONERS, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY,...
St. Mary Medical Center v. Superior Court - 11/19/1996
HASTINGS, J.
The question we address in this petition is whether or not the provisions of Code of Civil Procedure section 2034 preclude depositions of experts who are utilized in connection with summary judgment or summary...
Hoover-Reynolds v. Superior Court - 11/18/1996
McDONALD, J.
In this action two parties made competing claims to certain moneys collected from the former husband of petitioner Stacie Hoover-Reynolds (petitioner). The moneys are past due child support payments owed by the...
Bluehawk v. Continental Ins. Co. - 11/14/1996
GODOY PEREZ, J.
Appellant Continental Insurance Company (Continental) appeals a judgment declaring Continental owed a duty to defend and indemnify Hans Mustad for injuries he caused to respondents Robert J. Alvarez III, Wendy D....
Century Indemnity Co. v. Superior Court - 11/13/1996
ALDRICH, J.
In this case we are called upon to decide whether an action brought by one insurance company against another insurance company to recoup a pro rata share of defense costs expended by the first in defense of their...
Hansen v. Owens-Corning Fiberglas Corp. - 11/13/1996
LAMBDEN, J.
These consolidated appeals arise out of claims of personal injury and wrongful death allegedly caused from exposure to asbestos. In one action, John Hansen filed suit in California against Owens-Corning Fiberglas...
Monteleone v. Allstate Ins. Co. - 11/6/1996
STONE (S. J.), P. J.
Here we hold that Allstate Insurance Company did not breach its contractual duty to its insured by refusing to defend a third party lawsuit. The accident or loss occurred during the time the policy had lapsed...
Harbor View Medical Center v. Belsh - 11/5/1996
California Court of Appeals
No. B087884
50 Cal.App.4th 887, 58 Cal.Rptr.2d 42, 1996.ca.2
November 5, 1996
HARBOR VIEW MEDICAL CENTER ET AL., PLAINTIFFS AND APPELLANTS, v. S. KIMBERLY BELSH, AS...
Bellamy v. Appellate Department - 11/1/1996
THAXTER, J.
FACTUAL AND PROCEDURAL BACKGROUND
Garnet Bellamy filed a complaint in Kings County Municipal Court on August 23, 1993, against Central Valley General Hospital, also known as Sacred Heart Hospital, and various...
Gomez v. Acquistapace - 10/31/1996
California Court of Appeals
No. B099159.
50 Cal.App.4th 740, 57 Cal.Rptr.2d 821, 1996.ca.4
October 31, 1996
MARIA G. GOMEZ ET AL., PLAINTIFFS AND APPELLANTS, v. JAMES ACQUISTAPACE ET AL.,...
Melugin v. Zurich Canada - 10/30/1996
PETERSON, P. J.
In this case, respondent insurer sold a policy to its insureds covering liability for "discrimination, . . . violation of civil rights, sexual discrimination," but providing as to this grant of coverage that...
Prince v. Urban - 9/30/1996
SILLS, P. J.
The question of personal jurisdiction over an out-of-state doctor in a medical malpractice action occurs with sufficient regularity that it is the subject of an annotation in the American Law Reports. (See Annot., In...
Knowles v. Tehachapi Valley Hospital Dist. - 9/30/1996
VARTABEDIAN, J.
This is an appeal from judgment after a defense verdict in a medical malpractice action. Appellants are the surviving spouse and adult children of the deceased, Paula Knowles (Knowles). They contend the trial...
Saika v. Gold - 9/30/1996
SILLS, P. J.
Arbitration has become highly favored as an economical, efficient alternative to traditional litigation in law courts. (See, e.g., Moncharsh v. Heily & Blase (1992) 3 Cal. 4th 1, 9 [10 Cal. Rptr. 2d 183, 832 P.2d...
Gordon v. G.R.O.U.P. - 9/27/1996
PHELAN, J. and contractual arbitration for claims under the uninsured motorist provisions of GROUP's insurance policy (Ins. Code, § 11580.2).
We conclude that the trial court acted within its authority and discretion when it...
Wisper Corp. v. California Commerce Bank - 9/26/1996
HUFFMAN, J.
California Commerce Bank (CCB) appeals a judgment following a jury verdict finding it liable for (1) 25 percent of the damages suffered by Wisper Corporation N.V. (Wisper) caused by CCB's negligence in dealing with...
Artiglio v. Corning Inc. - 9/25/1996
BENKE, Acting P.J.:
Plaintiffs in this coordinated products liability litigation are a group of women who received silicone breast implants manufactured by, among others, Dow Corning Corporation (Dow Corning). Dow Corning is now...
Holloway v. Crescent Truck Lines - 9/24/1996
California Court of Appeals
No. A070503
49 Cal.App.4th 751, 56 Cal.Rptr.2d 850, 1996.ca.3
September 24, 1996
EARL L. HOLLOWAY, CROSS-COMPLAINANT AND APPELLANT, v. CRESCENT TRUCK LINES ET AL.,...
Snyder v. Michael''s Stores Inc. - 9/23/1996
California Court of Appeals
No. F024076
49 Cal.App.4th 709, 57 Cal.Rptr.2d 105, 1996.ca.1
September 23, 1996
MIKALA M. SNYDER, A MINOR, ETC., ET AL., PLAINTIFFS AND APPELLANTS, v. MICHAEL'S STORES,...
Kelly v. New West Federal Savings - 9/20/1996
HASTING, J.
This case demonstrates misuse and abuse of motions in limine which resulted in denial of due process for plaintiffs in a personal injury action. We reverse and remand to the trial court.
FACTS
A....
Condor Ins. Co. v. Williamsburg Nat. Ins. Co. - 9/19/1996
ARMSTRONG, J.
Condor Insurance Company (Condor) appeals the judgment entered following the successful demurrer of Williamsburg National Insurance Company (Williamsburg) to Condor's complaint for declaratory relief. In this...
Jordache Enterprises Inc. v. Brobeck - 9/18/1996
California Court of Appeals
No. B093126
49 Cal.App.4th 609, 56 Cal.Rptr.2d 661, 1996.ca.3
September 18, 1996
JORDACHE ENTERPRISES, INC. ET AL., PLAINTIFFS AND APPELLANTS, v. BROBECK, PHLEGER &...
Voigts v. Brutoco Engineering & Construction Co. - 9/16/1996
California Court of Appeals
No. G015462
49 Cal.App.4th 354, 57 Cal.Rptr.2d 87, 1996.ca.2
September 16, 1996
SCOTT VOIGTS, PLAINTIFF AND APPELLANT, v. BRUTOCO ENGINEERING & CONSTRUCTION COMPANY,...
Pettus v. Cole - 9/12/1996
PHELAN, J. In the first of these consolidated cases, appellant Louis Pettus (Pettus) timely appeals from a final judgment entered in favor of two psychiatrists, respondents Dr. Kathleen Bell Unger and Dr. Alan Cole, as to his claims of...
Burckhard v. Del Monte Corp. - 9/6/1996
LAMBDEN, J.
Del Monte Corporation (Del Monte) appeals the trial court's enforcement of seven settlements pursuant to Code of Civil Procedure section 664.6. The seven actions were consolidated for the purpose of this appeal. ...
Alander v. VacaValley Hospital - 9/5/1996
KLINE, P. J.
I. INTRODUCTION
Eleanor Alander appeals from the trial court's judgment following its order granting summary judgment in favor of respondent Northbay Healthcare Corporation doing business as Northbay Healthcare...
Carlin v. Superior Court - 8/30/1996
MOSK, Acting C. J.
In this case we address the question whether a plaintiff alleging injury from ingesting a prescription drug can state a claim against the manufacturer for strict liability and breach of warranty for failure to...
California Casualty Ins. Co. v. Northland Ins. Co. - 8/30/1996
RICHLI, J.
Memorie Yessian (Yessian) obtained a judgment against Mr. and Mrs. Joe Harmer for personal injuries sustained in a boating accident involving the Harmers' Yamaha Waverunner. Yessian sought to enforce her judgment, and...
Torres v. Xomox Corp. - 8/30/1996
HANLON, J.
Maintenance worker Luis Torres died from burns he received at the Rhne-Poulenc chemical plant in Martinez on June 22, 1992, when he was doused with sulfuric acid sludge which escaped from a valve manufactured by Xomox...
Dunk v. Ford Motor Co. - 8/30/1996
WALLIN, J.
William Geer, John Loving, Bonnie Peterson, Robert Peterson, and David Whitworth appeal the judgment approving the settlement of a class action against Ford Motor Company relating to alleged defects in certain Ford...
Erikson v. Weiner - 8/29/1996
BLEASE, Acting P. J.
This is an appeal from a judgment in favor of plaintiff, Gwendolyn Erikson, after a jury trial in a medical malpractice action.
Defendant, Dr. Barry E. Weiner, contends the trial court erred in denying...
Romano v. American Trans Air - 8/29/1996
VOGEL (Miriam A.), J.
Daniel Romano sued American Trans Air (and others who are not parties to this appeal) to recover damages after he was battered by another passenger while on a flight from Los Angeles to Hawaii. American...
Lipton v. Superior Court - 8/28/1996
CROSKEY, J.
In this bad faith action against his professional liability insurer, the petitioner Howard Lipton seeks a writ of mandate compelling the trial court to require the real party in interest, Lawyers' Mutual Insurance...
Tomko Woll Group Architects - 6/27/1996
KITCHING, J.
INTRODUCTION
Plaintiff sustained injuries more than five years after substantial completion of a real property improvement on which petitioner performed work. Relying on the four-year limitations period in Code...
Edwards v. A.L. Lease & Co. - 6/24/1996
HANING, J.
In this appeal we are asked to apply the market share theory of liability of Sindell v. Abbott Laboratories (1980) 26 Cal. 3d 588 [163 Cal. Rptr. 132, 607 P.2d 924, 2 A.L.R.4th 1061] (Sindell), or the alternative...
Klein v. Children's Hospital Medical Center - 6/20/1996
HANING, J.
Plaintiffs and appellants Joel and Cynthia Klein appeal the dismissal of their action for negligent infliction of emotional distress (NIED) against defendants and respondents Children's Hospital Medical Center of...
Stoner v. Williams - 6/20/1996
McDONALD, J.
Bonnie Jo Williams (Williams) appeals a judgment entered following a jury verdict against her in a fraud action brought by Krista Stoner (Stoner). Williams contends the court erred by instructing the jury that it was...
Blackwell v. Hurst - 6/20/1996
STONE (S. J.), P. J.
Was the refusal of the trial court to give conditional res ipsa loquitur instructions to the jury prejudicial error in this dental malpractice case? We hold it was and reverse the judgment.
Wayne...
Stonewall Ins. Co. v. City of Palos Verdes Estates - 6/19/1996
GOLD, J.
I. APPELLATE BACKGROUND
This division filed its decision in the within cause on May 15, 1992, and modified it on June 11, 1992, on denial of rehearing. Said decision suggested that in light of the then recent...
Green v. Board of Dental Examiners - 6/18/1996
KITCHING, J.
In this appeal, we are asked to consider whether the Board of Dental Examiners (Board) can discipline a dentist for engaging in allegedly consensual sexual relations with his female patients. Under the circumstances...
Toyota Motor Sales - 6/18/1996
WOODS, J.
Petitioners, defendants in an automobile product liability action, seek a writ of mandate to vacate a superior court order denying their motion to disqualify plaintiffs' counsel. We deny the petition.
FACTUAL AND...
Transwestern Pipeline Co. v. Monsanto Co. - 6/17/1996
JOHNSON, J.
Plaintiff, whose business is the interstate transportation of natural gas, contaminated the Southern California Gas Company's pipeline with gas containing polychlorinated biphenyls (PCB's). After settling the gas...
Children''s Hospital of Los Angeles v. Sedgwick - 6/3/1996
California Court of Appeals
No. B087739.
45 Cal.App.4th 1780, 53 Cal.Rptr.2d 725, 1996.ca.3
June 3, 1996
CHILDREN'S HOSPITAL OF LOS ANGELES, PLAINTIFF AND APPELLANT, v. ELEANOR SEDGWICK, DEFENDANT...
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