(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this bus accident/personal injury case and its proceedings.) Plaintiff Molly Chance moves this court to vacate judgment in this matter and order a new trial under C.C.P. section 657. INTRODUCTION…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) LIABILITY ISSUES BAJI 6.11 provides that a physician has a duty to disclose to the patient all material information to enable the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.) THE RESPONSE PROVIDED BY THE COURT TO JURY QUESTION #1 WAS MISLEADING AND DID NOT ADDRESS THE SPECIFIC QUESTION POSED BY THE…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment/personal injury case and its proceedings.) Plaintiffs Jim Green, John Brown, Stan White, and Paul Jones hereby oppose defendants’ Motion in Limine No. 12 To Exclude Evidence, Testimony…
(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 automobile accident/personal injury case and its proceedings.) DeBolt v. Kragen Auto Supply, Inc. 182 Cal.App.3d 269 (1986) involved a host (Kragen Auto Supply) of a beach party who supplied…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.) IT WAS AN ERROR OF LAW FOR THE COURT TO GRANT DEFENDANT’S MOTION FOR NON-SUIT ON THE PREMISES LIABILITY CAUSE OF ACTION…
(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…