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Insurance Adjusters: Negligent Misrepresentation

Bock v. Hansen, (First District, April 2, 2014) 2014 WL 1315314, — Cal.Rptr.3d —- Two homeowners who suffered property damage when a 41-foot long, 7,300 pound tree limb crashed onto their house, filed an action against their insurance carrier and the adjuster who was assigned to the claim. The plaintiffs asserted, inter alia, a cause…

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Duty of Care: Social Host Liability

Ennabe v. Manosa, (Supreme Court, February 24, 2014) 58 Cal.4th 697, 319 P.3d 201, 168 Cal.Rptr.3d 440, 14 Cal. Daily Op. Serv. 1870, 2014 Daily Journal D.A.R. 2176 The parents of a 19-year-old man who was killed when he was struck by a drunk minor driving away from a private party, filed a wrongful death…

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Toxic Exposure: Preconception Duty

Elsheref v. Applied Materials, Inc., (Second District, January 27, 2014) 223 Cal.App.4th 451,167 Cal.Rptr.3d 257, 14 Cal. Daily Op. Serv. 1015, 2014 Daily Journal D.A.R. 1061 The parents of a child who was born with a number of severe birth defects filed an action on his behalf against the father’s employer, a semiconductor manufacturer, alleging…

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Employment Law: Constructive Discharge

Vasquez v. Franklin Management Real Estate Fund, Inc., (Second District, December 3, 2013) 222 Cal.App.4th 819, 166 Cal.Rptr.3d 242, 14 Cal. Daily Op. Serv. 84, 2014 Daily Journal D.A.R. 60 A maintenance technician filed an action against his former employer for wrongful termination, contending that the employer’s failure to reimburse him for employment related expenses…

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Medical Malpractice: Statute of Limitations

Maher v. County of Alameda, (First District, February 18, 2014) — Cal.Rptr.3d —-, 2014 WL 605904 A man who suffered severe complications from a temporary biliary stent which had been inadvertently left in his abdomen following surgery, filed suit against the physicians who had performed the surgery and the medical center. The plaintiff alleged that…

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Employment Injuries: Power Press Exception

Gonzalez v. Seal Methods, Inc., (Second District, January 24, 2014) 223 Cal.App.4th 405,166 Cal.Rptr.3d 895, 14 Cal. Daily Op. Serv. 893, 2014 Daily Journal D.A.R. 985 A woman who was severely injured while loading material onto a die in a power press filed suit against her employer under Labor Code § 4558, which provides an…

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Workers’ Compensation: Professional Athletes

Federal Insurance Company v. Workers’ Compensation Appeals Board, (Second District, December 3, 2013) 221 Cal.App.4th 1116, 165 Cal.Rptr.3d 288, 78 Cal. Comp. Cases 1257, 13 Cal. Daily Op. Serv. 13,054, 2013 Daily Journal D.A.R. 15,727 A retired professional basketball player for the Connecticut Sun filed a workers’ compensation claim against her employer and filed an…

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Public Entity Claims: Estoppel

J.J. v. County of San Diego, (Fourth District, February 14, 2014) — Cal.Rptr.3d —-, 14 Cal. Daily Op. Serv. 1575, 2014 WL 563805 A minor who was sexually molested by her foster father filed a claim against the County of San Diego in 2012, alleging that the County was negligent in placing her in the…

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Respondeat Superior: Staffing Companies

Montague v. AMN Healthcare, Inc., (Fourth District, February 21, 2014) — Cal.Rptr.3d —, 2014 WL 659690 A hospital employee who was injured when a coworker intentionally placed carbolic acid in her water bottle following a dispute at work, filed suit against the coworker and the staffing company which had hired her and assigned her to…

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Federal Preemption: Negligence Per Se

Coleman v. Medtronic, Inc., (Second District, January 27, 2014, as modified February 3, 2013) 223 Cal.App.4th 413, 167 Cal.Rptr.3d 300. A man who suffered painful complications following spinal surgery to implant a bone fusion device, filed suit against the manufacturer, asserting, inter alia, causes of action for strict liability failure to warn and negligence. The…

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