(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) 4. Universal’s Oversight of its Franchises Universal’s District Managers, Territory Sales Managers and Business Counselors personally visited franchisees on a regular basis to advise the franchisee…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) D. Universal Exercised Complete or Substantial Control Over its Franchises Universal first started franchising its stores in 1972 to further merchandise its products and increase profits.…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) B. Universal Exposed Tina Gomez to Asbestos Decedent Tina Gomez met David Plaza during the summer of 1981. They soon began an 18-month relationship with Mr. Plaza living in Ms. Gomez’s…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Plaintiffs’ enterprise/market-share liability causes of action allege that the nature of the asbestos-products industry and market were such that decedent Tina Gomez likely used or was exposed to each defendant’s fungible…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) STATEMENT OF FACTS A. The Complaint and Universal’s Separate Statement Plaintiffs’ complaint filed August 24, 2007, alleges causes of action for personal injuries (survivorship), wrongful death, negligence, breach of implied warranty,…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Plaintiffs’ Memorandum of Points and Authorities in Support of Opposition to the Universal Tire & Rubber Company’s Motion for Summary Judgment or, in the Alternative, Summary Adjudication I. INTRODUCTION The Universal…
As it prepares to celebrate the 50th anniversary of hosting the Winter Olympics, a tight-knit Sierra Nevada ski community is mourning another loss in an unusual string of tragedies this season. A skier’s deadly collision with a tree Thursday at California’s Squaw Valley USA resort is the latest in the…
On April 9, a federal jury in Sacramento has ordered West Sacramento to pay damages to two sisters from Ghana who were handcuffed during a traffic stop. Jurors declined to order punitive damages, The Sacramento Bee reported. They ordered $11,700 in compensatory damages to Karene Beecham, who was driving the…
On Thursday night a man sitting a bus stop in Sacramento was struck and killed by a 17-year-old motorcyclist. The cyclist will be charged with felony gross vehicular manslaughter, evading arrest and driving without a license, authorities said today. The cyclist, whose name has not been released because he is…
There was an interesting piece in the New York Times last week about the business of independent medical exams (IMEs) of injured workers who had filed claims against their employers. The story detailed the pressure often placed on the physicians conducting the exams to produce a report that is favorable…