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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Scott v. CIBA Vision Corp. - 9/15/1995
BAMATTRE-MANOUKIAN, J.:
Plaintiff Leslie Scott (Scott) appeals from a summary judgment entered in favor of CIBA Vision Corporation (CIBA). CIBA manufactures and distributes a contact lens cleaning product called AOSEPT. The trial...
Kasparian v. County of Los Angeles - 9/14/1995
CROSKEY, J.:
In this appeal, the defendants and appellants, County of Los Angeles, Michael D. Antonovich, an elected member of the Los Angeles County Board of Supervisors (collectively, the "County defendants"), Western Jewelry...
Du Jardin v. City of Oxnard - 9/12/1995
GILBERT, J.:
Vince Lombardi is reputed to have said "Winning isn't everything; its the only thing."
These words may have been in defense counsel's mind when he made his closing argument to the jury. He warned the jurors...
Bay Area Rapid Transit Dist. v. Superior Court - 9/11/1995
KING, J.:
In November 1992, 19-year-old Jerrold Hall, who was black, was shot and killed by a white police officer employed by the Bay Area Rapid Transit District (BART). The underlying litigation was commenced against BART by...
Romito v. Red Plastic Co. - 9/7/1995
ORTEGA, Acting P.J.:
If the technological means exist, must a manufacturer improve its product to guard against injuries resulting from unforeseeable and accidental product misuse in order to stave off potential tort liability?...
Hofer v. Young - 9/7/1995
RAYE, J.:
Defendants Lisa and Dan Young accepted plaintiff Jan Ardeen Hofer's statutory offer to compromise a personal injury action for $11,000 (Code Civ. Proc., § 998 ; all further section references are to the Code of ...
Di Loreto v. Shumake - 9/6/1995
EPSTEIN, Acting P.J.:
This is an action between two attorneys concerning attorneys' fees. The fees were earned by work under a contingent fee contract in a personal injury action in which Joseph DiLoreto represented Ann M....
Waller v. Truck Ins. Exchange - 8/28/1995
LUCAS, C.J.:
We granted review to decide the recurring issue whether a commercial general liability insurer is required to defend a third party action that seeks incidental emotional distress damages caused by the insured's...
Marshall v. Gibson - 8/24/1995
LILLIE, P.J.:
In this action for legal malpractice, plaintiff Marshall appeals from judgment of dismissal entered after the court sustained without leave to amend the demurrer to complaint of defendants Gibson, Dunn &...
American Suzuki Motor Corp. v. Superior Court - 8/23/1995
NOTT, J.:
Where class-action plaintiffs allege they have suffered no personal injury or property damage from a vehicle they claim is defectively designed, and it is impliedly conceded that their vehicles have -- since the date of...
San Francisco Unified School Dist. v. W.R. Grace & Co. - 8/21/1995
REARDON, J.:
When a building is constructed with asbestos-containing materials, does a property owner's cause of action for strict liability or negligence accrue on the owner's discovery of the mere presence of asbestos in the...
Peterson v. Superior Court - 8/21/1995
GEORGE, J.:
In Becker v. IRM Corp. (1985) 38 Cal. 3d 454 , 213 Cal. Rptr. 213 , 698 P.2d 116 (hereafter Becker), this court concluded that under California's products liability doctrine (which provides generally that...
Vons Companies Inc. v. Seabest Foods Inc. - 8/16/1995
TURNER, P.J.:
I.INTRODUCTION
This litigation stems from an outbreak in January 1993 of serious illness and death attributed to the presence of Escherichia coli (E. coli) bacteria in Jack-in-the-Box hamburgers. The Vons...
Lafayette Morehouse - 8/9/1995
PETERSON, P.J.:
In 1992, California enacted an anti-SLAPP statute. (Stats. 1992, ch. 726, § 2, No. 10 West's Cal. Legis. Service, pp. 3031-3032; Code Civ. Proc., § 425.16.) SLAPP is an acronym for Strategic Lawsuit Against Public...
Han v. City of Pomona - 8/3/1995
CROSKEY, Acting P.J.:
Plaintiff Sang Y. Han ("plaintiff") appeals from an order which denied his petition for relief from failure to file a timely tort claim with defendant, The City of Pomona. The trial court found that...
Engalla v. Permanente Medical Group Inc. - 8/3/1995
PHELAN, J.:
These consolidated proceedings involve a broad attack on the arbitration program established by The Permanente Medical Group, Inc., Kaiser Foundation Hospitals, and Kaiser Foundation Health Plan, Inc. (collectively,...
Ashley v. Workers' Comp. Appeals Bd. - 8/1/1995
STONE, P.J.:
A workers' compensation Judge (WCJ) apportioned 50 percent of applicant's permanent disability to subsequent noncompensable events--applicant's pregnancy and unemployment--relying on Labor Code section 4750.5. ...
Andrus v. Estrada - 7/31/1995
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE
No. A064827
1995.CA.43073 ; 95 Cal. Daily Op. Service 6073; 37 Cal. App. 4th 365; 43 Cal. Rptr. 2d 572
Filed: July 31, 1995. ...
Castaneda v. Bornstein - 6/30/1995
Plaintiff Kathryn Castaneda brought this medical malpractice action against the physicians who provided her with care and treatment before, during and immediately after her birth. She alleged defendants' negligence caused her to...
Werner v. Blankfort - 6/29/1995
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR
No. B066800
1995.CA.43718 ; 36 Cal. App. 4th 298; 42 Cal. Rptr. 2d 229
Filed: June 29, 1995.
STEVEN WERNER, PLAINTIFF AND...
Messersmith v. Mid-Century Ins. Co. - 6/29/1995
OPINION WITHDRAWN
LINDA MESSERSMITH, PLAINTIFF AND RESPONDENT, v. MID-CENTURY INSURANCE COMPANY, DEFENDANT AND APPELLANT.
Appeal from the Superior Court of San Bernardino County. Super. Ct. No. SCV258175. Hon. Brian S....
Prudential Property & Casualty Ins. Co. v. Superior Court - 6/28/1995
THE COURT:
In this case we hold that a trial court may order joinder of a personal injury action with a related uninsured motorist arbitration proceeding, where such joinder is necessary to prevent inconsistent rulings. ...
Bostrom v. County of San Bernardino - 6/23/1995
RICHLI, J:
George Bostrom was severely injured when the small plane he was piloting crashed on takeoff from Chino Airport. The County of San Bernardino (the County) owns Chino Airport. The County leased land at the airport to Cal...
Levy v. Superior Court - 6/22/1995
KENNARD, J.:
At the time relevant here, Code of Civil Procedure section 664.6 (hereafter section 664.6) provided: "If parties to pending litigation stipulate, in writing or orally before the court, for settlement of the case,...
Giannini - 6/20/1995
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO
No. A064229, No. A064816
1995.CA.44087 ; 42 Cal. Rptr. 2d 394; 36 Cal. App. 4th 600
Filed: June 20, 1995.
GIANNINI, CHIN &...
Howard v. Thrifty Drug & Discount Stores - 6/15/1995
MOSK, J.:
In this case, we revisit our decision in Moran v. Superior Court (1983) 35 Cal. 3d 229 , 197 Cal. Rptr. 546 , 673 P.2d 216 (Moran), to reconsider the relationship between the Judicial Arbitration Act (Code Civ. ...
Stanley v. Richmond - 6/14/1995
Linda E. Stanley (appellant) timely appeals from a judgment of nonsuit entered as to her claims for breach of fiduciary duty, legal malpractice, and breach of contract. These claims against respondents Diana Richmond (Richmond or...
Bell v. Shine - 6/14/1995
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION TWO
No. A065291
1995.CA.44262 ; 35 Cal. App. 4th 1038; 41 Cal. Rptr. 2d 784
Filed: June 14, 1995.
STANLEY J. BELL, PLAINTIFF AND...
Customer Co. v. City of Sacramento - 6/12/1995
GEORGE, J.:
A felony suspect, reputed to be armed and dangerous, took refuge in a store and refused to surrender. In the course of apprehending the suspect, the police fired tear gas into the store, causing extensive property...
Radovich v. Locke-Paddon - 6/8/1995
BAMATTRE-MANOUKIAN, J.:
Plaintiff Rafael Radovich appeals from a judgment, for defendants William F. Locke-Paddon (an attorney) and the law firm by which Locke-Paddon was employed, based on summary adjudication of issues in...
Miranda v. National Emergency Services - 6/8/1995
DIBIASO, J.:
In the published portion of this opinion we construe and apply Health and Safety Code section 1799.110, subdivision (c), which sets qualifications for medical experts in certain actions for medical malpractice...
Greathouse v. Amcord - 6/7/1995
NEWSOM, J.:
On September 22, 1988, the surviving wife and five children of Henry Greathouse (hereafter plaintiffs) filed a complaint against a lengthy series of defendants, including Amcord, Inc., doing business as Riverside...
Truck Ins. Exchange v. Amoco Corp. - 6/6/1995
KITCHING, J.:
In a matter involving issues of insurance coverage, plaintiff and appellant Truck Insurance Exchange (Truck) appeals from the summary judgment entered in favor of defendant and respondent Amoco Corporation (Amoco)...
Manufacturers Life Ins. Co. v. Superior Court - 6/1/1995
BAXTER, J.:
We granted review in this matter to consider the holding of the Court of Appeal that the Unfair Insurance Practices Act ( Ins. Code, § 790 et seq.) does not supersede or displace insurance-industry-related claims...
Huntley v. Foster - 6/1/1995
GILBERT, J.:
A party in a personal injury action intends to have her treating doctor testify as to her injuries, treatment, and prognosis. Must she provide opposing counsel an expert witness declaration required by Code of Civil...
Villa v. McFerren - 6/1/1995
TURNER, P.J.:
I.
INTRODUCTION
The complaint alleged a conspiracy between an insurer and a psychiatrist to deprive the plaintiff, Robert A. Villa, of disability benefits. In November 1993, the trial court entered a...
Maryland Casualty Co. v. Bailey & Sons - 6/1/1995
HALLER, J.:
This appeal arises from the construction of the Villa Mallorcas condominium project (Project) in the late 1970s. The ensuing construction defect litigation began in 1984 and continued in various forms over the next...
McElroy v. Biddison - 2/28/1995
NICHOLSON, J.:
Plaintiff Judy McElroy appeals from a judgment entered against her and in favor of Attorneys Mark Biddison and Allen Hassan in this legal malpractice action, which is based on the failure of Biddison's former law...
San Diego Gas & Electric Co. v. Superior Court of Orange County - 2/28/1995
WALLIN, J.:
Martin and Joyce Covalt filed suit against San Diego Gas and Electric (SDG&E; claiming that dangerously high levels of electric and magnetic fields (EMF's) emitted from power lines adjacent to their home had...
Carlin v. Superior Court of Sutter County - 2/28/1995
SIMS, J.:
Where a plaintiff alleges that she has suffered harm from a prescription drug which its manufacturer marketed without providing adequate warnings as to the drug's known or scientifically knowable dangers, can she state...
De May v. Interinsurance Exchange - 2/28/1995
SONENSHINE, J.:
Background
On April 8, 1991, Bruce De May caused a vehicle accident in which his passenger, Jeannette Davenport, suffered serious permanent injuries. De May and Davenport are co-owners of the automobile and...
Ron Greenspan Volkswagen - 2/27/1995
HAERLE, J.:
I. INTRODUCTION
This is an appeal from a summary judgment for defendants in a fraud action involving a failed commercial transaction. The primary issue is whether a contract clause which states that the parties...
Bristol-Myers Squibb Co. v. Superior Court - 2/24/1995
FROEHLICH, J.:
We here review the denial of summary judgment in one of the breast implant cases currently under administration by the San Diego County Superior Court (see McGhan Medical Corp. v. Superior Court (1992) 11 Cal....
Bryant v. Glastetter - 2/23/1995
RAMIREZ, P.J.:
The surviving wife and children of decedent Lester Bryant appeal from an order dismissing their wrongful death action against defendant Brenda Glastetter after the trial court sustained Glastetter's demurrer...
Louisiana-Pacific Corp. v. Koppers Co. - 2/17/1995
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE
No. A063939
1995.CA.46720 ; 32 Cal. App. 4th 599; 38 Cal. Rptr. 2d 257
Filed: February 17, 1995.
LOUISIANA-PACIFIC...
Kindt v. Otis Elevator Co. - 2/17/1995
WALLIN, J.:
The trial court denied Leola Kindt's motion under Labor Code section 3856 , to allocate from a workers' compensation lien an amount for attorney fees and costs she incurred in obtaining the judgment from which the...
Becerra v. Gonzales - 2/17/1995
COTTLE, P.J.:
A 14-year-old child was killed by a third party while she was in the care of her foster parents. Plaintiffs, the natural mother and siblings of the child, alleged that the foster parents' negligent supervision...
Gates v. Superior Court - 2/15/1995
Writ granted.
I. INTRODUCTION
Defendants, Daryl F. Gates, Matthew Hunt, Ronald Frankel, Ronald Banks, Paul Jefferson, and Bob Hansohn, all former or present senior commanders in the Los Angeles Police Department seek a writ...
Henry v. Clifford - 2/15/1995
YEGAN, J.:
Judy and William Henry appeal from a judgment dismissing their medical malpractice complaint after the trial court sustained respondent's, Thomas Clifford, M.D., demurrer without leave to amend. The trial court ruled...
Hesse v. Best Western Internat. - 2/15/1995
HASTINGS, J.
Appellant Paul Hesse was injured in December 1990 while a guest at the Posada Real Best Western Hotel (the Posada) in the city of San Jose Del Cabo, Baja California, Mexico. He filed a personal injury lawsuit in 1991...
Bresnahan v. Chrysler Corp. - 2/14/1995
FUKUTO, J.:
In this product liability case, the court granted a nonsuit after plaintiff's opening statement, even though it was conceded that plaintiff had stated a prima facie case under the "risk-benefit" theory of Barker v....
Ferrari v. Grand Canyon Dories - 2/10/1995
Plaintiff appeals from a judgment of dismissal following an order granting defendants' motion for summary judgment. Plaintiff's complaint seeks damages for injuries suffered when her head struck the metal frame of a raft during a...
Rains v. Belsh - 2/8/1995
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE
No. A063119
1995.CA.46963 ; 38 Cal. Rptr. 2d 185; 32 Cal. App. 4th 157
Decided: February 8, 1995.
ESTHER E. RAINS, PLAINTIFF...
Iverson v. Muroc Unified School Dist. - 2/6/1995
In this case we address the question whether Government Code section 831.7, which provides qualified immunity to public entities and public employees for injuries sustained by a person during "hazardous recreational activity,"...
Setliff v. E. I. Du Pont de Nemours & Co. - 2/3/1995
MORRISON, J.:
Plaintiff Jerry Setliff appeals from a judgment in favor of all nonsettling defendants after their demurrers were sustained or their motions for judgment on the pleadings were granted. Plaintiff contends his amended...
Richard v. State Farm Fire & Casualty Company - 2/3/1995
California Court of Appeals
No. D016474.
32 Cal.App.4th 1, 37 Cal.Rptr.2d 824, 1995.CA.46992
Decided: February 3, 1995.
ROBERT G. RICHARDSON, CROSS-COMPLAINANT AND APPELLANT, v. STATE FARM FIRE AND...
Ott v. Alfa-Laval Agri - 2/1/1995
Plaintiffs, owners of a family dairy farm, sued defendants, milking machine manufacturers, for lost profits and general and punitive damages. After a jury trial and various posttrial proceedings, judgment was entered for plaintiffs...
Lineaweaver v. Plant Insulation Co. - 1/31/1995
Appellants Robert Lineaweaver, Floyd King, and Ralph Ward brought actions against numerous asbestos suppliers seeking to recover for personal injuries sustained from their repeated exposure to asbestos insulation products. A...
Mero v. Sadoff - 1/31/1995
INTRODUCTION
Plaintiff Maureen Mero appeals from a summary judgment in favor of defendant Armin Sadoff, M.D.
STATEMENT OF FACTS
The following facts are undisputed: on November 14, 1989, plaintiff injured her back...
Espinosa v. Little Co. of Mary Hospital - 1/30/1995
This is an appeal from a judgment of nonsuit entered in a medical malpractice action. Plaintiff Ricardo C. Espinosa, Jr., brought this action through his guardian ad litem for brain damage allegedly sustained by him due to the...
Flatt v. Superior Court - 12/28/1994
ARABIAN, J.:
We granted review in this legal malpractice action to consider the scope of an attorney's duty to give advice when severing a relationship with a new or prospective client after learning that the representation --...
ITT Small Business Finance Corp. v. Niles - 12/28/1994
LUCAS, C.J.:
This is a professional negligence action brought against an attorney, defendant Edward I. Niles, based on Niles's alleged failure to exercise reasonable care in preparation of loan documents for plaintiff ITT Small...
Lehto v. Allstate Ins. Co. - 12/23/1994
ARMSTRONG, J.:
In this insurance bad faith suit, defendant Allstate Insurance Company appeals the judgment entered following a jury's verdict in favor of plaintiff Gary Lehto. Prior to the instant action, Allstate's insureds,...
Moreno v. County of Ventura - 12/20/1994
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX
No. B069811
1994.CA.40260 ; 30 Cal. App. 4th 1684; 36 Cal. Rptr. 2d 750
Filed: December 20, 1994.
DANIEL MORENO, PLAINTIFF AND...
La Jolla Beach & Tennis Club - 12/19/1994
ARABIAN, J.:
This case presents a convergence of two distinct but related areas of law: insurance and workers' compensation. In particular, we determine whether a workers' compensation insurer has a duty to defend a former...
Fireman's Fund Ins. Co. v. McDonald - 12/15/1994
KREMER, P.J.:
Plaintiffs Fireman's Fund Insurance Company, General Star Indemnity Company, and North Star Reinsurance Corporation (together Insurers) appeal a judgment of dismissal entered after the superior court sustained...
County of San Diego v. Guy C. - 12/14/1994
HUFFMAN, J.:
The County of San Diego (County) appeals an order of the superior court in its action for reimbursement of Aid for Dependent Children (AFDC) monies paid on behalf of the minor child of respondent Guy C. (Guy) for...
American Cyanamid Co. v. American Home Assurance Co. - 12/9/1994
DOSSEE, J.:
This is an action for declaratory relief brought by an insured, American Cyanamid Company, to determine the duty of its various insurers to defend and indemnify American Cyanamid in an underlying lawsuit for...
Castro v. Higaki - 12/6/1994
KLINE, P.J.:
INTRODUCTION
Appellant Pamela Castro appeals from judgments of the San Francisco Superior Court dismissing her action against respondents. She contends the trial court erred in sustaining respondent Paul...
Flowers v. Torrance Memorial Hospital Medical Center - 12/5/1994
ARABIAN, J.:
In this case, we consider the distinction between "ordinary" and "professional" negligence and conclude that with respect to questions of substantive law they comprise essentially one form of action. Apart from...
Agnew-Watson v. County of Alameda - 11/30/1994
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE
No. A060378
1994.CA.40792 ; 36 Cal. Rptr. 2d 196; 30 Cal. App. 4th 626
Filed: November 30, 1994.
LESLIE AGNEW-WATSON ET AL.,...
City of San Diego v. U.S. Gypsum - 11/29/1994
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX
No. B064835
1994.CA.40806 ; 30 Cal. App. 4th 575; 35 Cal. Rptr. 2d 876
Filed: November 29, 1994.
CITY OF SAN DIEGO, PLAINTIFF...
Lazar v. Superior Court of California for County of Los Angeles - 11/28/1994
KLEIN, P.J.:
Petitioner Andrew Lazar (Lazar) petitions for a writ of mandate directing the superior court to overrule demurrers interposed by defendant Rykoff-Sexton, Inc. (Rykoff) to various causes of action of his first amended...
Smith v. ACandS - 11/23/1994
STRANKMAN, P.J.:
August G. Smith (Smith) worked as a pipe fitter for 30 years, his work often exposing him to asbestos dust. Smith retired with good health in 1971 at the age of 67. Twenty years later, in 1991, Smith became ill...
Ohio Casualty Ins. Group v. Superior Court - 11/23/1994
SIMS, Acting P.J.:
Baker Construction Company (Baker) sued real party in interest Butte Valley Unified School District (District) in superior court in Siskiyou County, where the District is situated, claiming balances due on a...
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