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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Staten v. Superior Court - 5/31/1996
KING, J.
In this case we apply Knight v. Jewett (1992) 3 Cal. 4th 296 [11 Cal. Rptr. 2d 2, 834 P.2d 696] to the sport of figure skating. We conclude that being cut by the blade of another skater during a group skating session is...
Bonner v. City of Santa Ana - 5/31/1996
SILLS, P. J.
BACKGROUND
Marshone Bonner kept all of his worldly goods in a trash bag. He stored the bag behind some bushes near city hall. When city workers tossed the bag into the trash, Bonner might have sued the city for...
Polensky v. Kyocera International Inc. - 5/31/1996
CROSBY, J.:
A jury found defendant Kyocera International, Inc. partially responsible for plaintiff Donald Polensky's injuries resulting from exposure to beryllium. Defendant argues the court misinstructed the jury on the statute...
University of Southern California v. Superior Court - 5/29/1996
ZEBROWSKI, J.
This case involves a "Resident Evaluation Committee" which evaluates physician-residents enrolled in a postgraduate surgical training program. Evidence Code section 1157 generally exempts from discovery the...
Aerojet-General Corp. v. Transport Indemnity Co. - 5/28/1996
HANING, J.:
This declaratory judgment action was instituted by Aerojet-General Corporation and Cordova Chemical Company (collectively Aerojet) to secure a determination of the rights and obligations of the parties under...
Jenkins v. T&N;PLC - 5/28/1996
WOODS (Fred), J.
Defendant T&N;PLC filed an appeal from a judgment on a special verdict in favor of plaintiffs, awarding plaintiff Milton Jenkins $1,109,740 and plaintiff Maxine Jenkins $743,750. Defendant also appealed the...
Bixler v. Goulding - 5/24/1996
TURNER, P. J.
I. INTRODUCTION
Plaintiff, George W. Bixler, M.D., appeals from a summary judgment in his malicious prosecution action granted in favor of defendants, Derek Goulding and his law firm, Acker, Kowalick &...
Bashi v. Wodarz - 5/23/1996
ARDAIZ, P. J.
Defendant and respondent, Margie Marie Wodarz, was involved in a rear-end auto accident with a third party. According to the traffic collision report, respondent left the scene without stopping. A short time later,...
Photias v. Doerfler - 5/22/1996
SPENCER, P. J.
INTRODUCTION
Plaintiff Gregg Photias appeals from a summary judgment entered in favor of defendant Warren T. Doerfler, M.D., after the trial court found that plaintiff's cause of action was barred by the...
Scofield v. Critical Air Medicine - 5/22/1996
KLEIN, P. J.
Defendants and appellants, Critical Air Medicine, Inc., Executive Air Services, Inc., Harry A. Metz, and Kenneth Malcomson (collectively Critical Air), appeal the judgment entered following a jury verdict in favor of...
Aguilar v. AVIS Rent-A-Car System Inc. - 5/21/1996
KING, J.:
I. INTRODUCTION
In this case we hold that an injunction prohibiting a manager's continued use of racist epithets in the workplace, where such use was sufficiently severe or pervasive to alter the conditions of the...
Old Republic Ins. Co. v. St. Paul Fire & Marine Ins. Co. - 5/17/1996
RYLAARSDAM, J.
Two insurance carriers entered into a stipulation for "arbitration by a special master" and, by their stipulation, purported to confer jurisdiction on this court to conduct a plenary review of the purported...
Eott Energy Corp. v. Storebrand Internat. Ins. Co. - 5/16/1996
CROSKEY, J.
This case presents the question of whether an insured, having suffered a $1.5 million loss as the result of over 650 thefts of the petroleum products which it markets, will be entitled to recover for such loss under...
Lopez v. Superior Court - 5/14/1996
LILLIE, P. J.
We treat this appeal by Frances Lopez from a minute order granting summary judgment on her complaint in favor of defendant Friedman Brothers Investment Company (Friedman) as a petition for writ of mandate. The...
Kates v. Workmen's Auto Ins. Co. - 5/10/1996
EPSTEIN, Acting P. J.
Does Insurance Code section 660 extend the period of an automobile policy written with a three-month term when the insured fails to pay the premium on time after a warning that coverage will expire unless...
Hollingsworth v. Kofoed - 5/10/1996
PETERSON, P. J.
Appellant Jesse W. Hollingsworth contends the trial court erred by instructing the jury that appellant's cause of action for medical malpractice was barred if it was not brought within the time period provided by...
Russell v. Stanford University Hospital - 5/6/1996
BAMATTRE-MANOUKIAN, J.:
Code of Civil Procedure section 340.5, as amended by the 1975 Medical Injury Compensation Reform Act (MICRA), requires than an action for injury or death based upon a health care provider's alleged...
Basham v. Babcock - 5/2/1996
GILBERT, J.
Here we hold that a party who has designated an expert to testify on a particular subject may not replace that expert with one stated on a supplemental list.
Plaintiffs appeal from a defense verdict in their...
Camenisch v. Superior Court - 4/30/1996
CORRIGAN, Acting P. J.
May a lawyer be held liable for the emotional distress of a client who learns that the attorney's negligence may have thwarted the client's tax avoidance goal? We conclude that the law does not recognize a...
Armstrong World Industries - 4/30/1996
DOSSEE, J.
This appeal raises a number of complex questions concerning insurance coverage for claims of asbestos-related bodily injuries and property damage. In the proceedings below, separate declaratory relief actions and...
Shell Oil Co. v. National Union Fire Ins. Co. - 4/30/1996
FUKUTO, J.
Defendant National Union Fire Insurance Company of Pittsburgh, Pa. (National) appeals from a judgment after court trial, awarding plaintiff Shell Oil Company (Shell) damages for breach of a liability insurance policy....
Gailing v. Rose - 3/28/1996
WALLIN, J.
Jodi Gailing, administrator for the Estate of Louis Leon Bazurto, appeals the judgment entered against her on a motion for summary judgment, contending: (1) the statute of limitations had not run on her action as a...
Calvillo-Silva v. Home Grocery - 3/28/1996
KLINE, P.J.:
Civil Code section 847, enacted in 1985 and not heretofore judicially construed, provides landowners limited immunity from liability for any injury or death that occurs upon their property during the course of or...
Allabach v. Santa Clara County Fair Assn. - 3/28/1996
PREMO, Acting P. J.
Anthony Allabach was injured by a defective barrier while he was observing a destruction derby automobile race at the Santa Clara County Fairgrounds. He and Carol Allabach then sued Santa Clara County Fair...
Barton v. New United Motor Manufacturing - 3/26/1996
STRANKMAN, P. J.
We hold in this case that the statute of limitations for an action for wrongful discharge in violation of public policy is the one-year period provided by Code of Civil Procedure section 340, subdivision (3). ...
Peterson v. Owens-Corning Fiberglas Corp. - 3/19/1996
CORRIGAN, Acting P.J.:
Proposition 51 became effective June 4, 1986, eliminating joint and several liability for noneconomic damages in comparative fault situations. Thereafter, joint tortfeasors are liable only for the amount of...
Cedars-Sinai Medical Center v. Superior Court of Los Angeles County - 3/13/1996
WOODS, J.:
Petitioner Cedars-Sinai Medical Center ("Cedars") contends that under College Hospital Inc. v. Superior Court (1994) 8 Cal. 4th 704, 882 P.2d 894, real party in interest Kristopher Schon Bowyer ("Bowyer") failed to...
Temple Community Hospital v. Superior Court of Los Angeles County - 3/13/1996
WOODS, J.:
Petitioner Temple Community Hospital ("Hospital") contends that the court erred in holding that the claim for intentional spoliation of evidence of real party in interest Sandra Ramos ("Ramos") was not subject to the...
Vallbona v. Springer - 3/11/1996
KREMER, P. J.
Defendants Roy C. Springer et al. appeal a judgment after jury trial favoring plaintiffs Maria Vallbona et al. on their complaint for fraud, negligent misrepresentation, and breach of contract. Defendants attack...
Ladd v. County of San Mateo - 3/7/1996
GEORGE, J.
We granted review in this case to decide an issue left unresolved by the decision in Thomas v. City of Richmond (1995) 9 Cal. 4th 1154, 1158-1159 [40 Cal. Rptr. 2d 442, 892 P.2d 1185]: whether the immunity provided...
Garcia v. McCutchen - 3/6/1996
STONE (W.A.), Acting P.J.:
Plaintiff, Danny Garcia, appeals from a judgment of dismissal resulting from his counsel's failure to comply with local fast track rules and court orders. He also appeals from the order denying his...
Buss v. Superior Court of Los Angeles County - 2/29/1996
CROSKEY, J.:
This case presents the question of whether, and under what circumstances, a liability insurer, which has provided a defense to its insured under a reservation of rights, may recover from that insured the attorney's...
Goodstein v. Superior Court - 2/29/1996
CROSKEY, J.
This request for writ of mandamus relief filed by petitioner Wallace Goodstein seeks to reverse the order of the trial court granting the motion of the plaintiff and real party in interest, Mary K. Pittman, to amend...
Brantley v. Pisaro - 2/29/1996
DIBIASO, J.
The trial court granted the motion for summary judgment filed by respondent Frank R. Pisaro and thereafter entered judgment dismissing the action brought by appellant Carl H. Brantley. We will reverse. We will...
John Hancock Mutual Life Ins. Co. v. Setser - 2/28/1996
PHELAN, J.
John Hancock Mutual Life Insurance Company (hereinafter John Hancock or appellant) timely appeals from an order of the San Mateo County Superior Court denying its application for attorney fees (Code Civ. Proc., §...
Kennedy v. Baxter Healthcare Corp. - 2/28/1996
SPARKS, Acting P. J.
Plaintiffs Kathleen Kennedy and Sharon Tryon are health care workers who brought suit against a variety of manufacturers, distributors, and sellers of latex gloves for injuries sustained due to an alleged...
Providence Washington Ins. Co. v. Valley Forge Ins. Co. - 2/26/1996
STRANKMAN, P. J.
An insurance company sued other insurance companies to recover contribution on the settlement of third party claims. The third parties had been injured when their rental van's tire blew out, overturning the van...
Jackson v. Ingersoll-Rand Co. - 2/23/1996
STRANKMAN, P. J.
Defense counsel was disqualified for communicating with plaintiff's ex-wife, a former plaintiff whose loss of consortium cause of action was dismissed over two years earlier after she separated from plaintiff....
Falls v. Superior Court - 2/20/1996
WOODS (Fred), J.
Petitioners Dennis Ferris and Thomas Falls are Los Angeles County deputy district attorneys being sued for failing to warn or protect a witness to a drive-by gang murder. Eight months after testifying at the...
Escobedo v. Estate of Danny G. Snider - 2/20/1996
YEGAN, J.:
Mary Ruth Escobedo appeals from a judgment entered in favor of defendant, Estate of Danny G. Snider (Snider), in an action for wrongful death arising out of an airplane crash in which Snider and appellant's daughter,...
Marquez v. Mainframe - 2/16/1996
SMITH, J.
Plaintiff Jorge Marquez, a private security guard who slipped and fell while patrolling a building leased, operated and maintained by defendants Visa International and Visa USA (collectively Visa) and Mainframe, appeals...
In re Quackenbush - 2/13/1996
California Court of Appeals
No. B088737
1996.ca.1
February 13, 1996
IN RE DANIEL A. QUACKENBUSH ON HABEAS CORPUS.
Super. Ct. No. SM88744. Santa Barbara County. Origin...
Heater v. Southwood Psychiatric Center - 2/13/1996
NARES, J.
Robert Heater (Heater) appeals from entry of judgment terminating his suit against Southwood Psychiatric Center and other defendants (collectively, Southwood) for false imprisonment, assault and battery, and medical...
Westside Center Associates v. Safeway Stores 23 - 2/5/1996
MARTIN, Acting P. J.
This appeal involves a neighborhood shopping center in the Kern County community of Taft. The anchor position at the center was occupied for many years by a Safeway supermarket in which the various defendants...
Cochran v. Rubens - 2/2/1996
KREMER, P. J.
Plaintiffs Richard Cochran (Cochran) and his wife Illa May Cochran filed a complaint against defendant Lawrence Rubens and others seeking recovery of damages for Cochran's personal injury and his wife's loss of...
Fairmont Ins. Co. v. Frank - 2/2/1996
RYLAARSDAM, J.
May plaintiff intervene in his workers' compensation carrier's action, which was filed separately, after his own action was dismissed for failure to diligently prosecute? We hold he may not.
STATEMENT OF...
Naftzger v. American Numismatic Society - 2/1/1996
ORTEGA, J.
This appeal involves an unresolved question of when the three-year limitations period of Code of Civil Procedure section 338, subdivision (c) commences to run on a cause of action for the return of property stolen...
Church of Scientology v. Wollersheim - 2/1/1996
ALDRICH, J.
INTRODUCTION
Plaintiff and appellant Church of Scientology (the Church) appeals from the order of the trial court granting the motion of defendant and respondent Lawrence Wollersheim (Wollersheim) pursuant to...
Garcia v. Superior Court - 1/31/1996
VOGEL (C. S.), J.
INTRODUCTION
Following his arrest, which allegedly was accomplished with excessive force including a carotid chokehold, decedent Philip Vogel died of asphyxiation. Alleging that the police and paramedics...
General Accident Ins. Co. v. West American Ins. Co. - 1/31/1996
WALLIN, J.
General Accident Insurance Company filed a declaratory relief action against Aetna Casualty & Surety Company and West American Insurance Company, seeking a declaration of coverage and reimbursement for defense and...
Transamerica Ins. Co. v. Tab Transportation - 12/29/1995
KENNARD, J.:
A 1989 collision between an Amtrak train and a truck owned by a licensed highway carrier, Tab Transportation, Inc. (hereafter Tab), caused the deaths of three persons and injured several others, resulting in $6...
Smith v. Premier Alliance Ins. Co. - 12/20/1995
GRIGNON, J.:
Plaintiffs and appellants Jerri Lynn Smith and Adrian Paul Faskas appeal from a summary judgment entered in favor of defendant and respondent Premier Alliance Insurance Company. In the published portion of this...
In re Brown - 12/18/1995
THE COURT:
On our own motion, we review an order of the State Bar Court publicly reproving John Michael Brown, an attorney admitted to practice in this state. The public reproval is based on Brown's conviction of three...
Martin Marietta Corp. v. Insurance Co. of North America - 12/5/1995
ARMSTRONG, J.:
This appeal raises an issue regarding the scope of personal injury coverage in a policy of insurance issued to appellants Martin Marietta Corporation, Martin Marietta Carbon, Inc., and Martin Marietta Aluminum...
Willard v. Caterpillar - 11/30/1995
THAXTER, Acting P.J.:
This products liability case requires our consideration of the evolving tort of intentional spoliation of evidence. Balancing relevant factors, we will hold that the trial court erred in submitting to the...
Kopp v. Fair Pol. Practices Com. - 11/30/1995
LUCAS, C.J.:
I. INTRODUCTION AND SUMMARY
In 1988 the voters enacted Proposition 73, which was designed to reform financing of statewide and local political campaigns. (See Gov. Code, §§ 82041.5, 85100-85400, 89001.) Five...
Burnaby v. Standard Fire Ins. Co. - 11/30/1995
VOGEL (Miriam A.), J.:
In Brandt v. Superior Court (1985) 37 Cal. 3d 813 , 210 Cal. Rptr. 211 , 693 P.2d 796 , our Supreme Court decided that, notwithstanding the limitations on the recovery of attorneys' fees imposed by...
Hansen Mechanical - 11/29/1995
LILLIE, P.J.:
Hansen Mechanical, Inc. (Hansen) seeks a petition for writ of mandate to vacate the trial court's June 14, 1995, order denying its motion for summary adjudication as to the third and fourth causes of action of the...
Adams v. Paul - 11/22/1995
ARABIAN, J.:
"The most common error of the attorney engaged in litigation is the failure to file the client's claim or cause of action within the time required by a statute of limitations." (2 Mallen & Smith, Legal...
Medina v. Hillshore Partners - 11/21/1995
YEGAN, J.:
Norma Laura Medina, individually and as guardian ad litem for her son Carlos Antonio Medina, appeals from a judgment of dismissal entered after the trial court sustained, without leave to amend, the demurrer of...
Structural Steel Fabricators - 11/20/1995
SONENSHINE, Acting P.J.:
This is the second appeal arising out of litigation between Structural Steel Fabricators, Inc. (Structural) and the City of Orange. In the first, Structural Steel Fabricators, Inc. v. City of Orange...
Estate of Castiglioni - 11/16/1995
NARES, J.:
We here deal with the Disposition of property that was joint tenancy property after there has been a felonious, intentional killing of one joint tenant spouse by the other, a factual pattern subject to Probate Code...
Alcaraz v. Vece - 11/9/1995
HAERLE, J.
I. SUMMARY
Gildardo Alcaraz (plaintiff) sued his landlords, Peter Vece and others (defendants), for personal injuries allegedly suffered when he stepped on an uncovered or broken concrete utility meter box in...
Scruton v. Korean Air Lines Co. - 11/8/1995
ALDRICH, J.
INTRODUCTION
Plaintiff Terry Van Ryn, as guardian ad litem of two minor children, has appealed from the trial court rulings granting the motion of defendant Korean Air Lines Co., Ltd. (KAL) to enforce a...
Poire v. C.L. Peck/Jones Brothers Construction Corp. - 11/7/1995
EPSTEIN, Acting P.J.:
There are two issues in these cross-appeals from a judgment in favor of Matthew Poire against C.L. Peck/Jones Brothers Construction Corporation, Inc. (Peck/Jones) for injuries suffered in a construction...
3250 Wilshire Boulevard Bldg. v. Employers Ins. of Wausau - 11/1/1995
KLEIN (Brett), J.
Plaintiff The 3250 Wilshire Boulevard Building, a limited partnership, appeals from an order of dismissal, entered June 23, 1993, after a demurrer was sustained, without leave to amend, to the claims pleaded...
Tchorbadjian v. Western Home Ins. Co. - 10/31/1995
ALDRICH, J.
INTRODUCTION
Plaintiffs and appellants Ohannes Tchorbadjian and Magy Tchorbadjian (plaintiffs or the Tchorbadjians) appeal from the judgment entered following
the grant of the motion for summary...
Unigard Ins. Group v. O'Flaherty & Belgum - 9/29/1995
CROSKEY, J.
This appeal is from a judgment in favor of defendants following the grant of their motion for nonsuit in a legal malpractice action. We conclude that in granting a nonsuit, the trial court erroneously ruled as a...
Mattco Forge - 9/29/1995
KLEIN, P. J.
Cross-complainants and appellants Arthur Young & Company, Richard E. Lamping, Thomas W. Blumer and Ernst & Young (collectively Young) appeal an order dismissing their cross-complaint against attorneys...
Connelly v. Mammoth Mountain Ski Area - 9/29/1995
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT
No. C018483.
1995.CA.41929 ; 95 Cal. Daily Op. Service 8155; 39 Cal. App. 4th 8; 45 Cal. Rptr. 2d 855; 95 Daily Journal DAR 13977
Decided: September...
Las Tunas Beach Geologic Hazard Abatement Dist. v. Superior Court - 9/28/1995
KLEIN, P.J.:
Petitioners Las Tunas Beach Geologic Hazard Abatement District and the Board of Directors thereof (the District) seek a writ of mandate directing the trial court to vacate its order denying the District's motion for...
Torres v. Automobile Club of Southern California - 9/28/1995
Petition for review GRANTED.
The issues to be argued before this court shall be limited to: 1) What standard governs the award of damages for emotional distress resulting from a financial, rather than a personal injury? and 2)...
Hrimnak v. Watkins - 9/28/1995
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT
No. C016836.
1995.CA.41985 ; 95 Daily Journal DAR 13056; 38 Cal. App. 4th 964; 45 Cal. Rptr. 2d 514; 95 Cal. Daily Op. Service 7712
Decided:...
Fahmy v. Medical Bd. of California - 9/26/1995
BOREN, P.J.:
A patient died from the complications of an undiagnosed ectopic pregnancy after seeking medical care from respondent Hosni Nagib Fahmy, M.D. The Medical Board of California, Division of Medical Quality (the Medical...
Allstate Ins. Co. v. Gonzalez - 9/26/1995
KLEIN, P.J.:
Plaintiff and appellant Allstate Insurance Company (Allstate), a corporation, appeals a judgment denying its prayer for declaratory relief.
Defendant and appellant Daniel Gonzalez (Gonzalez) cross-appeals the...
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