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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County of San Bernardino v. Superior Court - 11/22/1994
DABNEY, J.:
In this matter we are asked to join those unfortunate few of our colleagues who have been compelled to parse a statute which the mildest court has called "complicated" and the most forthright has accurately described...
City and County of San Francisco v. Superior Court - 11/22/1994
BY THE COURT:
The City and County of San Francisco (City) seeks a writ of mandate to compel respondent superior court to grant its motion for summary judgment. City is defendant in a personal injury action brought by real party...
United States Elevator Corp. v. Pacific Investment Co. - 11/17/1994
VOGEL (C.S.), J.:
This action upon an indemnity contract was tried by the court upon agreed facts. The court found that appellant United States Elevator Corporation (Elevator) is not entitled to indemnity from respondent Pacific...
Inouye v. County of Los Angeles - 11/16/1994
MASTERSON, J.:
In this opinion we hold that Los Angeles County's policy of deeming its off-duty safety police officers tIn this opinion we hold that Los Angeles County's policy of deeming its off-duty safety police officers to...
Barrientos v. City of Los Angeles - 11/16/1994
VOGEL (C.S.), J.:
INTRODUCTION
This appeal contests the trial court's order imposing a $1,500 sanction on each party's attorney in a civil liability action. After examining the entire record, we find that the court's order...
James v. St. Elizabeth Community Hospital - 11/16/1994
DAVIS, J.:
In this medical malpractice case arising out of an emergency room visit, plaintiff Kay James appeals from a judgment of nonsuit in favor of defendants St. Elizabeth Community Hospital and Christopher Louisell, M.D....
San Diego Hospital Assn. v. Superior Court - 11/15/1994
BENKE, J.:
In this action Dr. W. Thomas Coombe (Dr. Coombe) sues San Diego Hospital Association dba Sharp Healthcare and Sharp Memorial Hospital (Sharp Memorial or the hospital) and the manufacturer of a KTP laser to recover...
Shively v. Dye Creek Cattle Co. - 11/9/1994
DAVIS, J.:
In this personal injury action, plaintiffs sued the defendant (Dye Creek) after their car struck one of Dye Creek's Black Angus bulls that was positioned on the roadway of State Highway 44 in Lassen County. The...
Fredrics v. Paige - 11/9/1994
WOODS (Fred), J.:
In this personal injury automobile collision lawsuit, plaintiffs-appellants were awarded a $10,000 verdict. Claiming the award was inadequate they moved for a new trial. The motion was denied. Appellants contend...
Sharples v. Chole - 11/7/1994
BLEASE, J.:
This is an appeal after a judgment for the defense following a jury trial in a medical malpractice action. In the published portion of this opinion we address the contention of plaintiffs Carole and Thomas Sharples...
Western Mutual Ins. Co. v. Yamamoto - 11/3/1994
HALLER, J.:
This insurance declaratory relief action arises from an incident in which Anthony Yamamoto was shot by a minor, Bruce B. (Bruce), who used his father's gun. Relying on factual findings of intentional conduct made in...
O'Donoghue v. Bear Mountain Ski Resort - 11/3/1994
DABNEY, Acting P.J.:
Plaintiff Conor O'Donoghue appeals after the trial court granted summary judgment against him on his cause of action for personal injuries he suffered while skiing at Bear Mountain Ski Resort. The court...
In re Jerry R. - 11/1/1994
STRANKMAN, P.J.:
This appeal is from a wardship order (Welf. & Inst. Code, § 602) based on findings that appellant Jerry R. violated Vehicle Code sections 10851 (auto theft) and 12500, subdivision (a) (driving without a...
Johnson v. County of Ventura - 11/1/1994
YEGAN, J.:
In this wrongful death action, appellants contend that the City of San Buenaventura (City) and the County of Ventura (County) and their agents, failed to adequately "confine" a patient. Tragically, this patient, Kevin...
College Hospital Inc. v. Superior Court - 10/31/1994
BAXTER, J.:
We focus for the second time in two years on Code of Civil Procedure section 425.13 , subdivision (a) (section 425.13(a)). This section bars inclusion of a punitive damages claim in certain actions against health...
Ford v. Miller Meat Co. - 9/30/1994
Grace Joyce Ford appeals judgments in favor of Miller Meat Company and Alpha Beta Company in a nonjury trial. Ford sought to recover damages for injuries sustained when she bit into a fragment of bone contained in ground beef purchased...
Chavez v. Southern California Edison Co. - 9/29/1994
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE
No. G013036
1994.CA.41992 ; 28 Cal. App. 4th 982; 33 Cal. Rptr. 2d 856
Filed: September 29, 1994.
PETER J. CHAVEZ, PLAINTIFF...
Hull v. Central Pathology Service Medical Clinic - 9/29/1994
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE
No. B077124
1994.CA.41988 ; 28 Cal. App. 4th 1328; 34 Cal. Rptr. 2d 175
Filed: September 29, 1994.
CONSTANCE JEAN CHATWOOD...
Spinello v. Amblin Entertainment - 9/29/1994
VOGEL (Miriam A.), J.:
Barry J. Spinello sued Amblin Entertainment, Universal City Studios, Inc. and Steven Spielberg for damages, alleging they had appropriated his ideas and were using them for a new movie. Relying on a written...
Schmidt v. Workers' Compensation Appeals Board - 9/29/1994
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR
No. A064844
1994.CA.41985 ; 28 Cal. App. 4th 1458; 35 Cal. Rptr. 2d 279
Filed: September 29, 1994.
EDWARD SCHMIDT, PETITIONER,...
In re Marriage of Andresen - 9/28/1994
DIBIASO, J.:
Conrad Andresen (husband) appeals from an order denying his motions to set aside a 1987 default and vacate a 1991 default judgment in this marital dissolution action. We affirm.
STATEMENT OF CASE AND FACTS ...
Hartford Casualty Insurance Co. v. Cancilla - 9/28/1994
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX
No. B075888
1994.CA.42130 ; 28 Cal. App. 4th 1305; 34 Cal. Rptr. 2d 302
Filed: September 28, 1994.
HARTFORD CASUALTY INSURANCE...
Loder v. City of Glendale - 9/26/1994
WOODS (Arleigh), P.J.:
This taxpayer's action challenges the validity of promotional and preemployment drug testing conducted by the City of Glendale. Both the taxpayer (hereafter Ms. Loder) and the City of Glendale appeal from...
Burgos v. Tamulonis - 9/23/1994
TODD, Acting P.J.:
Gorgonia Alvarez Burgos appeals a judgment dismissing her first amended complaint for damages for personal injury against Karen Tamulonis as personal representative of Armando Moscaritolo, deceased, after the...
City of South El Monte v. Southern California Joint Powers Insurance Authority - 9/23/1994
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE
No. B069051
1994.CA.42166 ; 33 Cal. Rptr. 2d 714; 28 Cal. App. 4th 701
Filed: September 23, 1994.
CITY OF SOUTH EL MONTE,...
Dumin v. Owens-Corning Fiberglas Corp. - 9/22/1994
STRANKMAN, P.J.:
In an asbestos personal injury action and related claim, a partial directed verdict was entered in favor of an asbestos insulation distributor for plaintiff's failure to prove exposure to the distributor's...
20th Century Ins. Co. v. Superior Court - 9/21/1994
EPSTEIN, Acting P.J.:
We granted an alternative writ of mandate in this case to decide a single issue: the validity of the policy of the Los Angeles Superior Court Appellate Department that the time to file a notice of appeal...
Sapiano v. Williamsburg Nat. Ins. Co. - 9/20/1994
VOGEL (C.S.), J.:
This declaratory relief action construes a subrogation clause in a commercial vehicle insurance policy. The trial court held the insurer cannot assert its contractual right to repayment from the insured's...
Hale v. Superior Court - 9/16/1994
WORK, J.:
FACTUAL AND PROCEDURAL BACKGROUND
Lilian Hale (Hale) was driving on the wrong side of the road when she collided with a car driven by Carol DeFelice (DeFelice). Hale was taken to a hospital where it was determined...
Braman v. State of California - 9/15/1994
POCHE, Acting P.J.:
Penal Code section 12076 , a part of the Dangerous Weapons Control Law ( Pen. Code, § 12000 et seq.), governs the scope of the investigation to be made by the Department of Justice for the purpose of...
Hutchins v. Juneau Tanker Corp. - 9/14/1994
Respondent Robert L. Hutchins filed a seaman's personal injury action under the Jones Act (46 U.S.C. § 688 et seq.) and general maritime law against appellant Juneau Tanker Corporation (Juneau) and OMI Corporation (OMI). The action was...
Pacific Gas & Electric Co. v. Superior Court - 9/9/1994
WHITE, P.J.:
The "collateral source rule" provides that where a person "suffers personal injury or property damage by reason of the wrongful act of another, an action against the wrongdoer for the damages suffered is not...
Krupnick v. Hartford - 9/9/1994
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO
No. E006810
1994.CA.42400 ; 28 Cal. App. 4th 185; 34 Cal. Rptr. 2d 39
Filed: September 9, 1994.
JUDITH KRUPNICK, ET AL.,...
Ostling v. Loring - 9/7/1994
BLEASE, Acting P. J.
This is a plaintiffs' appeal from an order after judgment. The defendant failed to answer the plaintiffs' complaint and his default was entered. An ex parte hearing on the issue of damages was held,...
Talavera v. Nevarez - 9/7/1994
APPELLATE DEPARTMENT, SUPERIOR COURT, LOS ANGELES
No. Civ. A. No. BV 20035
1994.CA.42705 ; 35 Cal. Rptr. 2d 402; 30 Cal. App. 4th Supp. 1
Decided: September 7, 1994.
DARIO TALAVERA ET AL.,...
Thorn v. City of Glendale - 9/6/1994
GATES, Acting P.J.:
James Thorn and his business, Glendale Spa City, Inc. (Spa City), appeal from a judgment upon demurrer entered in favor of the City of Glendale (Glendale) in their action against Glendale and its employee and...
Thomas v. Lusk - 9/1/1994
NEWSOM, J.
On July 22, 1987, respondent Emory Thomas was employed as an "aircraft repairer" at the Alameda Naval Air Station. While disassembling a jet engine in the course of his employment duties, respondent used a Garland...
Schultz v. Harney - 9/1/1994
CROSKEY, J.
Alan Schultz and Marcia Schultz, guardians ad litem for the minor, Christopher Schultz (collectively, Schultz) appeal from the judgment of the superior court dismissing Schultz's action for legal malpractice and...
Dipalma v. Seldman - 8/31/1994
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE
No. B070213
1994.CA.42753 ; 94 Daily Journal DAR 12327; 94 Cal. Daily Op. Service 6708; 33 Cal. Rptr. 2d 219; 27 Cal. App. 4th 1499 ...
Merrill v. Superior Court - 8/31/1994
SILLS, P. J.
Two men--one White, one Black--robbed a coin store in Newport Beach and murdered two people in the process. The police arrested Eric Wick, who is White, and Thomas Read Merrill, who is Black. In a lineup conducted...
National Union Fire Ins. Co. v. Lynette C. - 8/31/1994
DAVIS, Acting P. J.
This is our second encounter with this case, the first of which also resulted in a published decision-- National Union Fire Ins. Co. v. Lynette C. (1991) 228 Cal. App. 3d 1073 [ 279 Cal. Rptr. 394] ...
Clary Corp. v. Union Standard Insurance Co. - 8/30/1994
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE
No. G013805
1994.CA.42757 ; 94 Cal. Daily Op. Service 6662; 33 Cal. Rptr. 2d 486; 94 Daily Journal DAR 12213; 32 U.S.P.Q.2D (BNA) 1131; 27...
McGinty v. Superior Court - 6/27/1994
PREMO, Acting P.J.:
Plaintiffs file this petition for extraordinary relief from an order precluding them from using their expert witness and from presenting certain evidence. We find merit in the petition and will issue a...
Roman v. Unigard Ins. Group - 6/27/1994
GODOY PEREZ, J.:
Plaintiffs/appellants Antonia Leon Roman; Andres Leon, by and through his guardian ad litem Antonia Leon Roman; and Maria del Rosario Leon, by and through her guardian ad litem Antonia Leon Roman, et al.,...
People v. Montoya - 6/27/1994
GEORGE, J.:
Defendant Rosario Montoya was convicted of burglary of an inhabited dwelling. Under the instructions given to the jury, its verdict could have been premised upon defendant's being found guilty of burglary either as a...
Barouh v. Haberman - 6/23/1994
VOGEL (C.S.), J.:
Plaintiff and appellant Robert Barouh brought this action against defendant and respondent Morton Haberman for battery and negligent personal injury. The action was tried to a jury, which found by special...
Cantwell v. Peppermill - 6/21/1994
HANING, J.:
Plaintiffs and appellants Curtis and Tammy Cantwell appeal a judgment dismissing their premises liability action for personal injury and loss of consortium against defendant and respondent Peppermill, Inc., after...
Brown v. West Covina Toyota - 6/17/1994
LILLIE, P.J.:
Plaintiffs (hereinafter referred to collectively as Brown) appeal from an order of the municipal court denying their motion to strike $31,300 in attorney's fees and $1,346 in costs claimed by defendant West Covina...
McNall v. Summers - 6/15/1994
VOGEL (C.S.), J.:
I
INTRODUCTION
Appellant Leota McNall appeals from a judgment in favor of respondent psychiatrists William K. Summers, M.D., and Ferris N. Pitts, Jr., M.D., in a medical malpractice case. McNall...
Sperber v. Robinson - 6/14/1994
BOREN, P.J.:
The trial court ruled that appellant Zanwil Sperber had failed to establish an equitable lien and directed the jury to return a verdict in favor of respondents on appellant's cause of action for declaratory relief....
Bryant v. County of Los Angeles - 6/14/1994
We affirm the trial court's determination that respondents are statutorily immune from liability in this police pursuit case.
BACKGROUND
According to plaintiff Billy James Bryant's brief on appeal, Michael Finney was...
Long Beach Grand Prix Assn. v. Hunt - 6/13/1994
JOHNSON, J.:
Does the doctrine of res judicata bar one defendant from seeking equitable indemnity from a second defendant after the plaintiff voluntarily dismisses her complaint with prejudice as to the second defendant? We hold...
Kelhi v. Fitzpatrick - 6/13/1994
ORTEGA, J.:
This appeal involves the "firefighter's rule" (Seibert Security Services, Inc. v. Superior Court (1993) 18 Cal. App. 4th 394 ) and the doctrine of primary assumption of the risk (Knight v. Jewett (1992) 3 Cal. 4th...
Torres v. Cool Carriers A.B. - 6/11/1994
$ORTEGA, J.:
This appeal involves a longshoreman's personal injury action under federal maritime law against the time charterer of a vessel. We affirm the summary judgment for the defendant.
BACKGROUND
Plaintiff Sam...
Stone v. Superior Court - 6/10/1994
MARTIN, Acting P.J.:
Petitioner contends the trial court erred in ruling petitioner's declaration of prejudice filed pursuant to Code of Civil Procedure, section 170.6 , was untimely. We agree.
STATEMENT OF THE CASE ...
Rosenberg v. Superior Court - 6/8/1994
POCHE, Acting P.J.:
This petition for a writ of mandamus raises the question of whether under the California Rules of Court a complaint transmitted by a facsimile machine to a trial court after the court closes to the public for...
Jambazian v. Borden - 6/7/1994
TURNER, P.J.:
I. INTRODUCTION
Plaintiff, Harry Jambazian, appeals from a summary judgment in favor of defendant, Joseph Borden, D.P.M., on a complaint for medical malpractice. We conclude plaintiff's failure to present...
Goldrich v. Natural Y Surgical Specialties - 6/7/1994
VOGEL (Miriam A.), J.:
The primary issue in this case is whether Sybil Niden Goldrich's claims against several breast implant manufacturers are barred by limitations. Based upon undisputed evidence establishing that Mrs. Goldrich...
B. v. Hayden - 6/7/1994
VOGEL (Miriam A.), J.:
Pamela B. was raped in the garage of her apartment building. The rapist and his accomplice were caught, convicted and sentenced to state prison (the former for 27 years, the latter for five). With that...
Bernson v. Browning-Ferris Industries - 6/6/1994
ARABIAN, J.:
May the authors of an allegedly defamatory writing who conceal their identities be equitably estopped from pleading the statute of limitations in a libel action? We conclude that equitable considerations may justify...
Langridge v. Oakland Unified School Dist. - 6/3/1994
KING, J.:
I. INTRODUCTION
In this case we hold that claims against an employer under the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) for physical disability discrimination based on a work-related...
Conservatorship of McKeown - 5/31/1994
NARES, J.:
James S. McKeown, III, appeals an order reestablishing a conservatorship of his person after the trial court denied his motion to dismiss the reestablishment petition for lack of jurisdiction. McKeown also contends the...
McLaughlin v. National Union Fire Ins. Co. - 3/25/1994
ANDERSON, P.J.:
This is an appeal from a multi-million dollar judgment in a bad faith action brought by 13 investors in Technical Equities Corporation (Technical Equities) against the company's primary insurance carrier, National...
Srithong v. Total Investment Co. - 3/21/1994
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE
No. B063357
1994.CA.46475 ; 28 Cal. Rptr. 2d 672; 23 Cal. App. 4th 721
Filed: March 21, 1994.
PAVARUD SRITHONG, PLAINTIFF AND...
Knott v. California - 3/15/1994
NARES, J.:
On December 27, 1986, defendant Craig Alan Peyer killed 20-year-old Cara Knott (Cara) while Peyer was on duty as a California Highway Patrol (CHP) officer. We affirmed Peyer's conviction for first degree premeditated...
Kwan v. Mercedes-Benz of North America - 3/11/1994
WERDEGAR, J.:
Anthony Kwan sued Mercedes-Benz of North America, Inc. (MBNA) for violation of the refund-or-replace provision of the Song-Beverly Consumer Warranty Act (the Act) ( Civ. Code, §§ 1790 , 1793.2 , subd. (d)(2)),...
Williams v. Los Angeles Unified School Dist. - 3/9/1994
WOODS (Fred), J.,:
I.
PROCEDURAL BACKGROUND
This is an appeal from the judgment of the Los Angeles County Superior Court in which plaintiff's action was dismissed on grounds that the summons and complaint was not...
Macias v. California - 3/4/1994
STANIFORTH, J.:
Platte Chemical Company and United Agricultural Products. Plaintiffs Alfonso and Sophia Macias and their son, Juan Macias (by and through his guardian ad litem) appeal an order and summary judgment in favor of...
Duarte v. Zachariah - 3/2/1994
BLEASE, Acting P.J.:
Nancy Duarte (Duarte) and her spouse appeal from a grant of nonsuit in favor of the defendant physician, Chaminoor Zachariah, in a medical malpractice action.
The Duartes' evidence affords the inference...
Hanooka v. Pivko - 3/1/1994
NOTT, J.:
We are asked to determine whether a plaintiff's service of defendant doctors at the hospital where they maintained staff privileges complies with the notice provision of Code of Civil Procedure section 364 in order...
Maxwell v. Powers - 3/1/1994
TODD, J.:
David Maxwell appeals a judgment of $44,100 in his favor and against Louis H. Powers, M.D., after a jury determined Powers, a trauma surgeon, was negligent in the diagnosis, care and treatment of Maxwell, who had been...
Prudential-LMI Commercial Ins. Co. v. Reliance Ins. Co. - 2/28/1994
KREMER, P.J.:
In this internecine struggle within the insurance industry, plaintiff Prudential-LMI Commercial Insurance Company has argued with defendants United Pacific Insurance Company and Reliance Insurance Company...
Locklin v. City of Lafayette - 2/28/1994
Is a public entity liable in tort or inverse condemnation for damage to downstream riparian property caused by the discharge of surface waters into a natural watercourse abutting its property? The Court of Appeal held that there...
People v. Whitfield - 2/28/1994
We granted review in this case to resolve a conflict in decisions of the Courts of Appeal regarding whether, under Penal Code section 22 , evidence of voluntary intoxication is admissible in a prosecution for second degree murder...
Bro v. Glaser - 2/24/1994
MCDANIEL, J.:
While performing a caesarean section on Donna Bro, her obstetrician nicked the cheek of baby Brittany Bro with his scalpel. There was no permanent physical injury to the baby; nevertheless, the parents commenced the...
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