(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/elder abuse case and its proceedings.) It is worth noting that situations similar to those described in this case could just as easily occur at any of the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/elder abuse case and its proceedings.) PLAINTIFF’S OPPOSITION TO DEFENDANT ORGAN DONOR ASSOCIATION’S DEMURRER TO FIRST AMENDED COMPLAINT INTRODUCTION For sake of brevity, Plaintiff will not repeat all…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/personal injury case and its proceedings.) OTHER OUT OF STATE CASES HOLD THAT AMUSEMENT PARK RIDES CAN BE CONSTRUED AS COMMON CARRIERS Defendants cite cases from Georgia, Virginia,…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/personal injury case and its proceedings.) Additionally, the California Supreme Court addressed this very issue in Smith v. O’Donnell (1932) 215 Cal. 714, an airplane collision case. In…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/personal injury case and its proceedings.) POINT OF DEPARTURE AND FINAL DESTINATION NEED NOT BE DIFFERENT TO WARRANT THE IMPOSITION OF COMMON CARRIER STATUS Defendants argue that because…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/personal injury case and its proceedings.) The California legislature intended the definition of common carrier to be broad. Absent a specific exclusion from the statute, amusement park rides…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/personal injury case and its proceedings.) CALIFORNIA LEGISLATIVE INTENT DEMONSTRATES A BROAD DEFINITION UNDER THE COMMON CARRIER LIABILITY STATUTE TO ENCOMPASS AMUSEMENT PARK RIDES California is unique in…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/personal injury case and its proceedings.) In the present case, defendant erroneously argues that Ms. Demers’ voluntary decision to ride the Dinosaur Attraction coupled with the fact that…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/personal injury case and its proceedings.) This test, hereinafter referred to as the “Buckskin Joe’s” test, is a critical factor in light of all the controversy surrounding common…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/personal injury case and its proceedings.) Paul Smith gags when he tries to drink water. Steven Davis has nightmares about his family dying. Mike Jones still has flashbacks…