Premises Liability

MICRA — Statute of Limitations

Pouzbaris v. Prime Healthcare Services—Anaheim, LLP (Fourth District, April 23, 2015)  236 Cal.App.4th 116, 186 Cal.Rptr.3d 314, 15 Cal. Daily Op. Serv. 3973, 2015 Daily Journal D.A.R. 4512 A woman who was injured when she slipped and fell on a recently mopped floor at a hospital filed suit against the owner of the facility, seeking…

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Liability Releases — Products Liability

Grebing v 24 Hour Fitness USA, Inc. (2nd Dist., January 29, 2105) 234 Cal.App.4th 631, 184 Cal.Rptr.3d 155. A health club member who was injured while using exercise equipment known as a “low row machine” filed suit against the facility, asserting various theories of negligence and products liability. The plaintiff alleged that a connecting clip…

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Summary Judgment — Initial Burden of Proof

Fazio v. Fairbanks Ranch Country Club, — Cal.Rptr.3d —-, 2015 WL 367100 A professional musician who was injured when he fell from a stage while setting up equipment for his bass guitar prior to a performance, filed suit against the property owner.  The plaintiff alleged that the defendant was negligent, and that the premises were…

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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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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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Premises Liability: Automated External Defibrillators

Verdugo v. Target Corp., (Supreme Court of California, June 23, 2014) — P.3d —-, 59 Cal.4th 312, — P.3d —-, 2014 Daily Journal D.A.R. 8060 The heirs of a 49-year-old woman who died after suffering sudden cardiac arrest while shopping at a Target department store filed a wrongful death action against Target Corp., contending that…

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Premises Liability: Swimming Pools

Johnson v. Prasad, (Third District, February 25, 2014 | 224 Cal.App.4th 74, 168 Cal.Rptr.3d 196, 14 Cal. Daily Op. Serv. 2064, 2014 Daily Journal D.A.R. 2325 The mother of a four-year-old boy who drowned in the swimming pool of a rented house filed an action for wrongful death against the homeowners. The plaintiff alleged that…

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MICRA: Premises Liability

Flores v. Presbyterian Intercommunity Hospital (2013) 213 Cal.App.4th 1386, 153 Cal.Rptr.3d 413 A hospital patient who suffered injuries to her left knee and elbow when her bed rail collapsed, causing her to fall to the floor, filed suit against the hospital for general negligence and premises liability. The plaintiff contended that the action was not…

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