Articles Posted in Personal Injury

A pedestrian sued a driver for negligence following a collision between them in which the pedestrian was injured. Before trial, the parties stipulated that the driver was negligent. Therefore, the only issue for the jury to decide was damages. The jury found that the driver’s negligence was a substantial factor in the harm suffered by the pedestrian and returned a verdict of $16,800. After costs and fees, the trial court entered a net judgment for the plaintiff in the amount of $876.85.slingOn appeal, the plaintiff challenged an in limine ruling that excluded evidence. She sought a reversal of the exclusionary ruling and a retrial on the issue of emotional harm and damages. The California Court of Appeal for the Second District disagreed and affirmed.The plaintiff first argued on appeal that the trial court erred by excluding evidence of the defendant’s failure to stop, render aid, and identify herself in violation of sections 20001 and 20003 of the Vehicle Code. Disagreeing, the appeals court first explained that the statutory requirement that drivers of cars involved in crashes resulting in injuries or death must stop and render aid was enacted to protect people injured in an accident and was designed to prohibit drivers from leaving people in distress and danger. These acts are required by all drivers of vehicles involved in accidents causing injuries or death, whether or not they are responsible.

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A February lawsuit filed in San Luis Obispo (“SLO”) Superior Court claims that a member of a California Polytechnic State University (Cal Poly) fraternity chased the plaintiff into a glass panel in the fraternity house. The negligence lawsuit against the fraternity, Alpha Gamma Rho, seeks damages exceeding $25,000. This is one of many controversies in which the fraternity has been involved in recent years.

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The plaintiff was a visitor at the Alpha Gamma Rho fraternity house in 2015. When she tried to leave, an unnamed fraternity brother began to chase her to prevent her from exiting the house. She mistook the floor-to-ceiling glass pane for a door and ran through it, causing “severe” but unspecified injuries. Since she was being chased, she alleges, she was forced to make a split-second decision, which contributed to the accident.

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A Southern California man recently filed a lawsuit for negligence and assault against a Las Vegas hotel, claiming a mannequin inside his hotel room frightened him and caused him to suffer injuries while fleeing.

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The plaintiff filed the lawsuit against Planet Hollywood Resort and Casino in Clark County District Court. He is seeking over $10,000 in damages.

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A plaintiff appealed from the trial court’s entry of judgment on a jury’s defense verdict in his personal injury lawsuit against Asplundh Tree Expert Company. On appeal, he challenged the sufficiency of the evidence to support the verdict and contended misconduct by Asplundh’s trial attorney also required reversal of the judgment. The appeals court affirmed the judgment.

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In May 2010, the plaintiff and his brother, Peter, decided to trim the cypress trees under a power line in the backyard of the Villa Park home owned by Peter’s in-laws . The power line was about 26 feet off the ground. The brothers used a metal ladder propped against a metal fence, which was about 18 feet high, around a tennis court in the backyard. It was not clear from the plaintiff’s brief whether the homeowners viewed the trees’ proximity to the power lines as a reason to cut them; instead, the record suggested the homeowners’ primary interests included reducing the “sagging” of the trees, presumably from their height or volume, and leveling the tops of the trees into a straight line. The homeowners had not asked Peter to trim the trees, and they were out of town when the brothers embarked on the task as a favor. They managed to safely trim all of the trees to a distance of five or six feet from the power line.

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In September 2015, actress Tori Spelling filed suit in Los Angeles Superior Court against Benihana for injuries she suffered after falling onto a hibachi grill. Finally, a trial date has been set. The last status conference is scheduled for June 27; the trial date for July 10.

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On April 5, 2015, Spelling and her family celebrated Easter Sunday with a trip to their local Benihana in Encino, California. According to an eyewitness at the time of the accident, Spelling, her husband, and her children were enjoying brunch when Spelling tripped and fell onto a hot Japanese style grill used to prepare food in front of the customers. “She got up to leave and tripped, falling backwards on to a scorching hot grill,” the source stated. “She shouted out in pain from a large burn on the back of her right arm.”

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A 12-year-old severely injured by a 75-foot tree that fell on his tent while he was camping sued PG&E, which owned and maintained a power line in the San Mateo County Memorial Park. The trial court denied the company’s motion for summary judgment under the state’s recreational use immunity statute, codified by California Civil Code section 846. Section 846 grants property owners immunity from tort liability stemming from the use of their property for recreational purposes. The First District Court of Appeal held the company was not immune from suit because the camper paid a fee to San Mateo County.

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The tree was located approximately 30 to 40 feet from PG&E’s power line, within striking distance of the line had it fallen in that direction. PG&E owned and maintained a power line in the county park, and it had a license allowing it to enter the park for the maintenance and inspection of its equipment. The boy’s family paid a fee to enter the park but did not pay PG&E. However, San Mateo County paid PG&E regularly for electricity.

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A patient sued a dentist for dental malpractice, alleging that his negligence in performing a dental implant procedure permanently damaged a nerve in her jaw. He moved for summary judgment based on the one-year limitations period that Code of Civil Procedure section 340.5 establishes for all professional negligence claims against health care providers. The trial court granted the motion and entered judgment against the patient. The Fourth District Court of Appeal affirmed.

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Section 340.5’s one-year limitations period starts when the plaintiff discovers or reasonably should have discovered both her injury and that someone’s wrongdoing likely caused it. The patient testified she felt an electric shock as the dentist drilled the socket for her implant, and she immediately thought he had done something wrong. On the next day, she returned to his office to complain about the pain.

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https://www.californiainjurylawyerblog.net/wp-content/uploads/sites/240/2017/03/Screen-Shot-2017-03-27-at-8.19.55-PM.pngAn unidentified Southern California woman is suing a hotel because an employee allegedly gave a stranger a key to her room, resulting in her sexual assault.

According to court documents, the incident occurred in April 2014 when the woman was staying in a Holiday Inn in Frazier Park in Kern County. She was there to visit her boyfriend for the weekend. According to the lawsuit, a hotel employee gave the victim’s room key to a man, J.P.

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A California man injured by plummeting metal laptop-sized boxes in a Home Depot is seeking roughly $50 million in damages in a recent lawsuit. 54-year-old J.B. argued the accident resulted in a traumatic brain injury with persisting symptoms. The case is currently being tried before a judge in Kern County Superior Court.

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J.B., who at the time was managing a cement company, entered the store to buy supplies in 2013. A Home Depot employee on a ladder accidentally dropped two metal boxes from a shelf, and they crashed onto J.B.’s head from a height of approximately eight feet.

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A plaintiff brought a personal injury action against the owners of an Oakland, California property after he was allegedly injured by a live bullet that a party guest threw into a bonfire. The trial court granted summary judgment for the defendants, and the plaintiff appealed, arguing the trial court erred as a matter of law in concluding the defendants owed him no legal duty to prevent that incident. The appeals court affirmed the judgment.

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The plaintiff filed suit in August 2013 against Madison Park Financial Corp. and two individuals. His complaint alleged general negligence and premises liability; specifically, he claimed that on June 29, 2012, the defendants failed to exercise reasonable care to prevent their party guests from throwing a live bullet into a bonfire, which exploded and injured him. The defendants moved for summary judgment on the ground they owed no duty to prevent that incident as a matter of law. The trial court granted the motion. The plaintiff subsequently amended the negligence cause of action to name as an additional defendant the individual who allegedly threw the bullet, who was not a party to the appeal.

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