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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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Hurvitz v. St. Paul Fire and Marine Insurance Co. - 6/12/2003
CERTIFIED FOR PARTIAL PUBLICATION Appellants James S. Hurvitz, M.D., and his wife Jackie Hurvitz brought suit against respondent St. Paul Marine and Fire Insurance Company (St. Paul) for (1) bad faith breach of insurance...

Papi v. Hanson - 6/12/2003
Appellant Stan Papi, on January 22, 2001, brought an action for medical malpractice against, among others, respondent Eric Hansen, M.D. The trial court granted respondent's motion for summary judgment. The trial court determined the...

Kelsey v. Superior Court of Los Angeles County - 6/12/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Koo v. Rubio's Restaurants - 6/11/2003
An attorney representing a corporate defendant in a class action lawsuit concerning overtime wages for managers declared before the court that his firm represented both the defendant and its managers. He later clarified that his only...

Wearmouth v. Oberndorf - 6/11/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Jackson v. Hajj - 6/10/2003
Plaintiffs and appellants, Donald Baumann, Tamara Jackson and Sean Jackson are the survivors of Cassandra Baumann (decedent), who died, allegedly as a result of medical malpractice. Defendant and respondent Ahmad A. Hajj, M.D., is...

Mission Valley Partnership v. Sporty Chalet - 6/10/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Hair v. Moslempoor - 6/10/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Sims v. American States Insurance Co. - 6/10/2003
Section 1021.6 of the Code of Civil Procedure (section 1021.6) allows a trial court to award attorney fees to "a person who prevails on a claim for implied indemnity," provided certain other conditions are met. Here, the trial court...

Schwartz v. Easterday - 6/10/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Covarrubias v. Walt Disney World Co. - 6/9/2003
Plaintiff Ricardo Covarrubias appeals from a judgment in favor of defendant Walt Disney World Co., owner of Disneyland (defendant), on his premises liability and negligence action. He claims the court erred by denying further...

Long Fish v. Nanotronics Corp. - 6/9/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Uhrich v. State Farm Fire & Casualty Co. - 6/9/2003
CERTIFIED FOR PUBLICATION Plaintiff Jean Marie Uhrich sued Paul Alan Lindseth on a number of legal theories. Lindseth tendered defense of the suit to his two insurance companies: American Home Assurance Company (American) which...

Jalali v. Root - 6/9/2003
I. Farideh Jalali sued her former employer for racial discrimination and sexual harassment. Her attorney, Walter Root III, brought the case to the first phase of a bifurcated trial. In that phase he succeeded in convincing the...

Ferguson v. Lieff - 6/9/2003
In a mass tort action, class counsel stipulated to the certification of a mandatory, non-opt-out class with respect to punitive damages. To settle the action, class counsel agreed to dismiss the punitive damages class claims with...

Burch v. Children's Hospital of Orange County Thrift Stores Inc. - 6/6/2003
Plaintiff Rebecca Burch is the victim of severe personal injuries resulting from the collision of her automobile with a truck driven by defendant Eddie Phillip Bretado. Bretado was employed by defendant Children's Hospital of Orange...

People v. Winstead - 6/6/2003
Steven George Winstead appeals from the judgment granting him probation after a jury found he cultivated marijuana and committed a battery on his spouse. (See Health & Saf. Code, § 11358; Pen. Code, § 243, subd. (e)(1).) He...

People v. Bautista - 6/6/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Murphone v. Gallo - 6/6/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Scripps Health v. Superior Court of San Diego County - 6/6/2003
CERTIFIED FOR PUBLICATION In this case we conclude that confidential occurrence reports prepared by a hospital were protected by the attorney-client privilege and thus the trial court abused its discretion by ordering such...

Wolfe Air Aviation - 6/5/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Canton Poultry & Deli - 6/5/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Serena Community Association v. Brehm Communities - 6/5/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Plotkin v. Mattel - 6/4/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Hernandez v. Paicius - 6/3/2003
Miguel Hernandez (plaintiff) appeals from a judgment after jury trial of his medical malpractice action against Richard M. Paicius, M.D. (defendant.) Plaintiff contends the court erred in denying motions in limine relating to...

Roberts v. Calhoun - 6/3/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Hunsinger v. State Personnel Board - 6/3/2003
NOT TO BE PUBLISHED California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has...

Twedt v. Franklin - 6/2/2003
The only question raised by this appeal is whether the form of the trial court's written order granting a new trial complies with Code of Civil Procedure section 657. More specifically, are the provisions of section 657 that require...

Olszewski v. Scripps Health - 6/2/2003
As a participant in the federal Medicaid program, the State of California has agreed to abide by certain requirements imposed by federal law in return for federal financial assistance in furnishing medical care to the needy. (See...

Lia v. Domaine Mumm - 6/2/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Dawson v. Toledano - 5/30/2003
A personal injury plaintiff, himself an attorney, was sanctioned for prosecuting a frivolous appeal. He immediately filed a malpractice action against the attorney who had represented him in the appeal, contending an attorney who...

Franz Rosenberg v. City of Fremont - 5/30/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Bustamonte v. Flores - 5/30/2003
CERTIFIED FOR PARTIAL PUBLICATION Defendant and appellant Carlos Flores, M.D. (Dr. Flores) appeals a judgment in favor of plaintiff and respondent Jonathan D. Arrieta Bustamonte, by and through his guardian ad litem Roque...

County of Sacramento vc. Scottsdale Insurance Co. - 5/30/2003
NOT TO BE PUBLISHED California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has...

Aaron v. Palladino - 5/30/2003
Appellant invited error in preparing the court's order for new trial, and did not meet his burden in moving for summary judgment. We affirm. I. FACTS On July 1, 2000, James Aaron, respondent, rode his jet ski out of a...

Ferris v. Gatke Corp. - 3/28/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Luna v. Allstate Insurance Co. - 3/28/2003
Moses Luna appeals from a judgment that dismissed his complaint against Allstate Insurance Company (Allstate) after the trial court sustained a demurrer without leave to amend. Luna argues that he stated a cause of action for...

Inman v. Sacramento Regional Transit District - 3/28/2003
NOT TO BE PUBLISHED California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has...

In re Marriage Dawe - 3/28/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Harris v. Colvin - 3/28/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Palmer v. Schindler Elevator Corp. - 3/28/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Amalgamated Transit Union - 3/28/2003
CERTIFIED FOR PUBLICATION An employee who eventually recovered fully from an industrial injury sought to return to her job as a mechanic. The employee's union filed a grievance under the collective bargaining agreement requesting...

Chavers v. Gatke Corporation - 3/28/2003
CERTIFIED FOR PUBLICATION This appeal requires us to consider the vitality of the idea of "group" or "collective" legal accountability in the products liability context. For well over a quarter century, courts across the nation...

Wheatley v. McLaughlin - 3/27/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Hayes v. Security National Insurance Co. - 3/27/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Hartford Fire Insurance Company v. Century Properties - 3/27/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Hutson v. Westphal - 3/26/2003
Plaintiff Charles Hutson challenges summary judgments based on the statute of limitations in Hutson's medical malpractice action against various healthcare providers. The defendants are Jay Westphal, M.D., Carlo Z. Biscaro, M.D.,...

Friedman v. Merck & Co. - 3/26/2003
CERTIFIED FOR PUBLICATION I. INTRODUCTION Plaintiff, Jerold Daniel Friedman, appeals from a judgment, following the sustaining of demurrers without leave to amend, in favor of defendants, Merck & Co., Inc., Merck...

Armendarez v. Pacific Specialty Insurance Co. - 3/26/2003
Sheri Armendarez sued her automobile insurer, the Pacific Specialty Insurance Company (PSIC), for breach of contract and bad faith, based on the company's refusal to defend or indemnify her in litigation spawned by her involvement in...

General Reinsurance Corp. v. St. Jude Hospital - 3/26/2003
In this case an injured employee obtained a 10 percent increase in her workers' compensation award under Labor Code section 5814 because her self-insured employer unreasonably delayed or refused payment of benefits. The employer's...

Delaney v. Warner-Lambert Co. - 3/26/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Norman v. Life Care Centers of America - 3/26/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Thompson v. Sacramento City Unified School Dist. - 3/25/2003
NOT TO BE PUBLISHED California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has...

Black v. Yuja - 3/25/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Golden Eagle Insurance Corp. v. Grand Auto Supply - 3/24/2003
NOT TO BE PUBLISHED California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has...

Lopez v. Clinica Popular Medical Group - 3/24/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

In re B.H. - 3/24/2003
NOT TO BE PUBLISHED California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has...

Sheplay v. Parker - 3/21/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Estate of Drummond - 3/21/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

People v. Marquez - 3/19/2003
PROCEDURAL HISTORY An information was filed April 12, 2001, charging Gustavo Marquez (Gustavo) with one count of attempted murder (Penal Code, §§ 664/187) and one count of assault with a deadly weapon (§ 245, subd. (a))....

Valente v. D.W. Burhoe Construction - 3/19/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Henley v. Phillip Morris Inc. - 3/19/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

County of Yolo v. Lynch - 3/19/2003
NOT TO BE PUBLISHED California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has...

Cromwell v. State - 3/18/2003
NOT TO BE PUBLISHED California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has...

Shafer v. Berger - 3/18/2003
CERTIFIED FOR PUBLICATION This appeal presents the question of whether an attorney, who is retained by an insurance company to provide coverage advice in a lawsuit against its insured, may be held liable to the plaintiff in that...

Turner v. Harper - 3/18/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Grant v. Oh - 3/17/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Moreno v. Sanchez - 3/17/2003
CERTIFIED FOR PUBLICATION Buyers brought suit against a home inspector for failing to discover and report certain defects in the house they ultimately purchased. The trial court sustained without leave to amend the inspector's...

Sanches v. Orange County Ice Co. - 3/14/2003
In this personal injury action, Bonifacio Ruiz Sanches appeals a summary judgment entered in favor of Orange County Ice Company. Sanches sued Orange County Ice Company for general negligence, motor vehicle negligence, and premises...

Parker v. Kaiser Foundation Hospitals - 3/14/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Hudson v. Wali - 3/14/2003
Ronald Hudson was admitted to a hospital with appendicitis; while he was there, his appendix burst, and he died. The plaintiffs in this action are his widow, his son, and his estate. The defendants are the hospital, the medical...

Ball Fortson - 3/14/2003
Plaintiff and appellant Kevin Ball appeals from the judgment entered after the trial court granted summary judgment in favor of defendants and respondents James K. Fortson (Dr. Fortson), Central California Faculty Medical Group...

Hebert v. Travelers Indemnity Company of Illinois - 3/13/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...

Ensch v. Zou - 3/12/2003
A jury found that defendant and respondent Chu Zou aka Cathy Zou, individually, and dba Cathy Zou Apiaries (collectively, defendant) was not negligent or liable for the personal injuries of plaintiff and appellant El Rey Ensch....

Mod Craft - 3/12/2003
Sierra Sands Unified School District (District) filed suit against cross-complainant and appellant Mod Craft, Inc. (Mod Craft), among others, for damages arising out of the defective installation of athletic courts on one of its high...

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