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Public Entities: Recreational Trail Immunity

Montenegro v. City of Bradbury (2013) 215 Cal.App.4th 924, 155 Cal.Rptr.3d 732 A woman who sustained injuries after falling over a protruding tree trunk while walking along a pathway beside a roadway, filed suit against the city.  The plaintiff alleged that the exposed tree root and inadequate lighting created a dangerous condition of public property….

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GM Ignition Switch Death Toll Rises to 19

The Feinberg report, “confirms, tragically, my repeated warnings that the number of deaths caused by GM’s concealed ignition defects is likely to be far higher than the 13 deaths the company acknowledged,” said Sen. Richard Blumenthal (D-Conn.) “This news only emphasizes the severity of the company’s safety lapses and the continuing urgency of rapid repairs…

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Bicyclists:  Negligence Per Se

Spriesterback v. Holland (2013) 215 Cal.App.4th 255, 155 Cal.Rptr.3d 306 A bicyclist who was injured when he was struck on a sidewalk by a car exiting a supermarket parking lot, filed a negligence action against the driver. The plaintiff had been traveling eastbound on a sidewalk on the north side of the street against the…

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Premises Liability: Concealed Dangerous Conditions

Hall v. Aurora Loan Services LLC (2013) 215 Cal.App.4th 1134, 155 Cal.Rptr.3d 739 A real estate agent who fractured her leg when a stairway ladder broke while she was showing a house to prospective buyers, filed suit for personal injuries against the loan services company which owned the property, as well as the listing agents….

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Elder Abuse:  Outpatient Treatment

Winn v. Pioneer Medical Group, Inc. (2013)  216 Cal. App. 4th 875, 157 Cal.Rptr.3d 124 The heirs of an 83-year old woman who died of blood poisoning several months after two amputation surgeries due to gangrene, filed a complaint for elder abuse against a medical group and physicians who had been caring for her on…

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Now Kids, Remember to Play Nice!

By Janine Sperandeo | July 22, 2014 The foundation of the rule of law is dependent upon lawyers treating judicial officers and each other with respect, dignity and courtesy. The need for civility and dignity is critically important, especially today, with the legal profession and the judicial branch of government under cynical attack from various…

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Duty of Care: Furnishing Alcohol to Minors

Rybicki v. Carlson, (Second District, May 22, 2013) 216 Cal. App.4th 758, 157 Cal.Rptr.3d 660 A bicyclist who was injured when he was stuck by a drunk driving on the wrong side of the road, filed an action for personal injuries against the driver and her four female passengers. The plaintiff alleged that the five…

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Amounts Paid Cap: Future Care And Noneconomic Damages

Corenbaum v. Lampkin (2013) 215 Cal.App.4th 1308, 156 Cal.Rptr.3d 347 Two men who were injured when the taxicab in which they were passengers was struck by another vehicle, filed suits for personal injuries against the other driver. Prior to trial the trial court granted the plaintiffs’ motion in limine to exclude any evidence their medical…

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Commercial Vendors: Duty to Secure Cargo

Pedeferri v. Seidner Enterprises (2013) 216 Cal.App.4th 359, 156 Cal.Rptr.3d 673 A highway patrolman who was paralyzed when he was struck by a vehicle while standing on the side of a freeway, filed suit against the driver of the vehicle as well as a motorsports dealership whose employees had loaded two dirt bikes into the…

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