Pedestrian killed crossing highway 482
April 6th, 2012 
admin Wrongful death is another area of San-Diego-Personal-Injury-attorney.com
Salas v Department of Transportation 198 Cal.App.4th 1058 (3) (2011) Pedestrian killed crossing state highway in marked crosswalk on straight, level, unobstructed roadway. San-Diego-Auto-Accident-lawyer No pedestrian accidents during prior decade, but several vehicle v. vehicle ones, leading to CalTrans’s designating it a “high-collision concentration.” MSJ granted, affirmed. [1] Trial court properly sustained objections to prior accidents as not substantially similar. On expert’s report, Plaintiffs failed to present separate, reasoned analyses supported by authority. [2] No triable issue of fact on whether intersection was in dangerous condition Gov C § 830 where no physical defects in property shown. [3] Fact that 30 million vehicles passed intersection in prior ten years without pedestrian accident is a relevant but not dispositive consideration. San Diego personal injury attorney.
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Sexual discrimination among lawyers 481
April 6th, 2012 admin Sexual discrimination is another area of San-Diego-Personal-Injury-attorney.com
Tuszynska v Cunningham 199 Cal.App.4th 257 (4/2) (2011) Anti-SLAPP. Lawyer Tuszynska represented deputy sheriffs through deputies’ association’s prepaid plan. San-Diego-Auto-Accident-lawyer Tuszynska sued association, and its executive director, claiming sexual discrimination, for receiving fewer referrals than other panel lawyers. Defendants claimed selection of outside panel attorneys to represent association members and related decisions about funding of the prepaid plan were protected activities. Anti-SLAPP denied, reversed. [1] Attorney selection and litigation funding decisions are statements make in connection with official proceedings, and therefore protected activities. [2] No requirement that protected activities be made on one’s own behalf. San Diego personal injury attorney.
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Champagne bottle injury 480
April 6th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Bailey v Safeway, Inc. 199 Cal.App.4th 206 (1/4) (2011) While Bailey set up a Safeway sales display, an exploding champagne bottle injured him. San-Diego-Auto-Accident-lawyer He sued Safeway, bottle manufacturer, et al. for strict liability design defect. Trial against Safeway only, finding Safeway not negligent but liable for design defect. Bailey settled with manufacturer for money and assigning its equitable indemnity rights against Safeway. Bailey again sued Safeway based on manufacturer’s assignment. Demurrer sustained, affirmed. [1] Bailey is collaterally estopped from relitigating Safeway’s negligence. [2] Defective product’s manufacturer cannot seek equitable identity against a retailer whose fault is based only on that theory. [3] No reasonable possibility the complaint can be amended to state a claim, especially where Bailey does not show how it could be amended. San Diego personal injury attorney.
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Red-light camera vendor 479
April 6th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
P v Daugherty 199 Cal.App.4thSupp 1 (Napa Superior) (2011) Red-light camera vendor’s contract invalid under Veh C § 21455.5 (prohibition on vendor’s financial interest). San-Diego-Auto-Accident-lawyer Was evidence produced by those cameras inadmissible? No. [1] Unless a statute or constitutional basis for exclusion, all relevant evidence is admissible Ev C § 351. § 21455.5 does not even purport to exclude evidence. [2] Because digital photographs presumed accurate Ev C § 1553, burden shifts to defendant to cast doubt on accuracy or reliability. By showing vendor had prohibited financial interest, defendant satisfies her burden. Evidence supported trial court finding the photos were reliable and were adequately authenticated. San Diego personal injury attorney.
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American Express Centurion Bank case 478
April 6th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
American Express Centurion Bank v Zara 199 Cal.App.4th 383 (6) (2011) Plaintiff claimed personal service; defendant claimed documents found on his porch the next day. San-Diego-Auto-Accident-lawyer Affidavit described defendant as Asian with black hair; defendant in fact Caucasian with gray-blonde hair. Motion to quash denied, default entered, reversed. [1] Usually quash denials reviewed on writ, but where defendant allows case to go to default, reviewed by appeal. [2] Although service by registered process server is presumptively valid Ev C § 647, shifting burden to defendant, validity defeated where document on its face shows it is untruthful. [3] Where colorable or partial compliance with requirements, and actual notice, then service valid as “substantial compliance.” Not applicable where evidence of compliance false, a fraud on the court. (Opinion discusses distinctions among personal, agent and substituted service.) San Diego personal injury attorney.
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Makeup injections liability 477
April 6th, 2012 admin Medical malpractice is another area of San-Diego-Personal-Injury-attorney.com
Hennigan v White 199 Cal.App.4th 395 (3) (2011) Hennigan claimed beauty salon’s permanent makeup injections, done without allergy patch tests, caused allergic reaction and injuries. San-Diego-Auto-Accident-lawyer Salon’s MSJ granted, affirmed. [1] Only evidence showed a patch test likely would not have found an allergy, no contested issued of fact over omission causing the injury. [2] Strict liability claim fails as Hennigan’s primary objective was to obtain a service, not to gain ownership of a product. [3] Motion to reconsider for new affidavits properly denied where not new information that could not be known at time of original motion. San Diego personal injury attorney.
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Morrison employee liability 476
April 6th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
P v Morrison 199 Cal.App.4th 158 (2/1) (2011) Morrison drove the getaway van. Morrison testified he was a mechanic at a shop and drove the shop’s van, a plainly collateral matter. San-Diego-Auto-Accident-lawyer Shop’s owner testified Morrison not the mechanic and had no permission to drive the van. Affirmed. [1] That a mater is collateral to the issues at trial, contradicting testimony admissible Ev C § 780 sub (i). Inflexible common law rule (if it’s collateral it’s inadmissible, period) rejected by evidence code, although trial court retains § 352 discretion. San Diego personal injury attorney.
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Toyota Motor Sales lawsuit 475
April 6th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Duick v Toyota Motor Sales, USA, Inc 198 Cal.App.4th 1316 (2/1) (2011) Duick unwittingly participated in Internet ‘personality evaluation’ that concealed that it was actually advertising ploy with a threatening prank. San-Diego-Auto-Accident-lawyer Clickwrap “terms and conditions” included arbitration clause. Petition for arbitration denied, affirmed. [1] Arbitration clause enforceable only if contract valid. Contract here void for fraud in the inception or execution, unlike fraud in the inducement that renders contract voidable. By hiding purpose behind personality evaluation, deprived Duick of a reasonable opportunity to know the character of the proposed contract, thus fraud in the inception. San Diego personal injury attorney.
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Medical Malpractice leads to wrongful death 474
April 6th, 2012 admin Wrongful death is another area of San-Diego-Personal-Injury-attorney.com
Stinnet v Tam 198 Cal.App.4th 1412 (5) (2011) Medical malpractice wrongful death trial verdict, $6M noneconomic damages, reduced to $250K, CC § 3333.2. San-Diego-Auto-Accident-lawyer Stinnet appealed, arguing rationale for MICRA in 1975 (malpractice insurance emergency) no longer exists. $250K cap is equivalent to $59K in 1975 dollars, thus is no longer rationally related to legitimate goal. Affirmed. [1] While a law depending on certain state of facts may be attacked if those facts no longer exist , MICRA was based on state’s rational interest of reducing malpractice insurance costs. Not court’s function to determine when constitutionally valid legislation has served its purpose. [2] Equal protection argument also fails as rationally relate to goal. Dissent on equal protection where trial court failed to consider the evidence submitted. San Diego personal injury attorney.
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Bright Medical Associates, Inc.lawsuit 473
April 6th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
PacifiCare of California v Bright Medical Associates, Inc. 198 Cal.App.4th 1451 (4/3) (2011) (Same facts as Martin). EM’s heirs sued PacifiCare, not Bright. San-Diego-Auto-Accident-lawyer PacifiCare cross-complained against Bright, which then settled with heirs for $300K. Because all acts were Bright’s and PacifiCare statutorily not liable for Bright’s actions, PacifiCare argued Bright could not obtain § 877.6 protection. Bright’s 877.6 good faith settlement motion granted, affirmed. [1] Heirs alleged PacifiCare’s health plan design was also a cause. Good faith settlement proper where two or more parties are alleged to be tortfeasors. San Diego personal injury attorney.
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