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Medical Malpractice — Advance Payment Tolling

Blevin v. Coastal Surgical Institute, — Cal.Rptr.3d —-, 15 Cal. Daily Op. Serv. 310, 2015 Daily Journal D.A.R. 383 A patient who developed a bacterial infection after knee surgery as a result of contaminated surgical equipment filed an action for medical malpractice against the surgical facility where the surgery was performed. The defendant contended that the…

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Discretionary Exclusion — Immigration Status

Velasquez v. Centrome, Inc., — Cal.Rptr.3d —-, 2015 WL 400543 An undocumented immigrant who developed a progressive lung disease while working at a manufacturing facility, filed suit against a supplier of various chemical compounds to which he was exposed on his employer’s premises. Asserting various products liability theories, the plaintiff contended that the products were…

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Liability Releases — Third Party Bystanders

Eriksson v. Nunnink, — Cal.Rptr.3d —-, 2015 WL 332278 The parents of a 17-year-old equestrian competitor who was killed when the horse she was riding tripped over a hurdle and fell on her, filed an action for wrongful death and negligent infliction of emotional distress against their daughter’s riding coach. Although the girl and her…

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Independent Contractors — Non-Delegable Duties

Vargas v. FMI, Inc., — Cal.Rptr. —-, 15 Cal. Daily Op. Serv. 861, 2015 Daily Journal D.A.R. 1014 An independent contractor who was part of a two-man team driving a tractor-trailer cross-country was in the truck’s sleeper berth when the driver rolled the vehicle over, causing him to sustain injuries. The injured passenger filed suit…

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Emergency Medical Care – Comparative Fault

Harb v. City of Bakersfield, — Cal.Rptr.3d —-, 15 Cal. Daily Op. Serv. 877, 2015 Daily Journal D.A.R. 1001 A doctor who suffered a stroke while driving and then ran his car onto a sidewalk was arrested and handcuffed by a police officer who assumed he was intoxicated.  The first ambulance called to the scene…

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MICRA Verdicts: Effect of Prior Settlements

Rashidi v. Moser, (Supreme Court of California, December 15, 2014) 60 Cal.4th 718, 339 P.3d 344, 181 Cal.Rptr.3d 59, 14 Cal. Daily Op. Serv. 13,880, 2014 Daily Journal D.A.R. 16,440 A patient who suffered blindness in one eye following a medical procedure relating to a nosebleed, filed an action for personal injuries against the doctor…

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Wrongful Termination: Violation of Public Policy

Yau v. Santa Margarita Ford, Inc., (Fourth District, August 26, 2014) 229 Cal.App.4th 144, 176 Cal.Rptr.3d 824, 38 IER Cases 1871, 14 Cal. Daily Op. Serv. 10,132, 2014 Daily Journal D.A.R. 11,814 A man who was terminated from his job as a service manager at an automobile dealership filed suit against his employer, asserting a…

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Employment Law: Arbitration Agreements

Cruise v. Kroger, (Second District, August 27, 2014) 176 Cal.Rptr.3d 612, 124 Fair Empl.Prac.Cas. (BNA) 376, 14 Cal. Daily Op. Serv. 10,219, 2014 Daily Journal D.A.R. 11,925 A woman who was terminated from her employment as assistant manager of human resources after only seven weeks on the job brought an action against the employer, asserting…

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Premises Liability: Subsequent Remedial Measures

McIntyre v. Colonies-Pacific, LLC, (Fourth District, July 31, 2014) 228 Cal.App.4th 664, 175 Cal.Rptr.3d 440, 14 Cal. Daily Op. Serv. 8687, 2014 Daily Journal D.A.R. 10,125 A jewelry store owner who was held up at gunpoint by robbers and severely pistol whipped, filed suit against the owners of the shopping center in which his store…

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Products Liability: General and Specific Jurisdiction

Bristol-Myers Squibb Company v. Superior Court, (First District, July 30, 2014) 228 Cal.App.4th 605, 175 Cal.Rptr.3d 412, 14 Cal. Daily Op. Serv. 8653, 2014 Daily Journal D.A.R. 10,059 Hundreds of users of the prescription drug Plavix, including both Californians as well as residents of other states, filed products liability actions in California against BMS, the…

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