Recent Blog Posts
GUILTY OF A CRIME – ADMISSIBILITY IN A CIVIL CASE
An adverse party cited or charged with a crime, which resulted in personal injury claims for damages, can result in determining an important element of the civil case. Generally, a defendant in a criminal matter may plead guilty or no contest, as opposed to denying the charges. Guilty and no contest pleas can be… Read More »
ARE YOU LICENSED? BY THE STATE OF CALIFORNIA? DON’T JUST LEND YOUR VEHICLE TO ANYONE
A recent ruling out of the 4th District Court of Appeals here in California held that vehicle owners are required to inquire about the license status of someone before letting them operate their vehicle. In the case, identified as McKenna v. Beesley, Plaintiff McKenna was injured when driver Ronald Wells ran a red light. … Read More »
Negligent Entrustment and an Owner’s Duty to Inquire Whether Permissive User has a License
Let’s say you lend your car to someone for the day. Do you have a duty to ask them if they have a valid license? YES! Vehicle Code § 14604(a) states: No owner of a motor vehicle may knowingly allow another person to drive the vehicle upon a highway unless the owner determines that… Read More »
No MSJ Continuance without Showing of Diligence
Recently, in Braganza v. Albertson’s LLC (July 29, 2021, No. E073073) ___Cal.App.5th___ [2021 Cal. App. LEXIS 620], the plaintiff sued defendant for personal injuries and other damages she sustained as a result of slipping and falling on the floor of defendant’s grocery store. The trial court granted defendant’s motion for summary judgment after denying plaintiff’s… Read More »
Federal Tort Claims
The Federal Tort Claims Act (FTCA) describes the procedure for handling claims against the United States, a government employee, or other governmental entity for a negligent act or omission. The FTCA permits private parties, contrary to the doctrine of Sovereign Immunity, to sue the United States in Federal Court for most torts committed by… Read More »
Long-Term Care and Conditions Related to Burn Injuries
When you suffer from a burn injury, you may face a long road ahead in order to fully recover. Complications could occur and you might end up dealing with much more than the initial burn. By learning about long-term care and conditions related to burn injuries, you can decide the next steps you should… Read More »
Statute of Limitations for Minors – Calculating Tolling
In most instances, the statute of limitations is tolled for minors until they reach the age of majority (NOTE: this is not the case in medical malpractice matters!). A recent case (Shalabi v. City of Fontana (July 12, 2021, No. S256665) ___Cal.5th___ [2021 Cal. LEXIS 4762]) deals with some specific details regarding how the… Read More »
MEDICAL MALPRACTICE (Retained Foreign Object)
The typical statute of limitations for medical malpractice claims in California is three (3) years from the date of the injury or one (1) year after the injured party knew or should have known of the existence of the malpractice, whichever is the earlier of the two. There are exceptions to the statute of… Read More »
What Is a Common Carrier Accident?
If you’ve ever gotten into an accident with another driver and it wasn’t your fault, then that driver is responsible. Their insurance company is supposed to cover your damages related to the accident. However, if you get into a common carrier accident, the type of legal action you should pursue isn’t always so clear…. Read More »
Do Nest (and similar) doorbells and cameras constitute an invasion of privacy?
This was the issue addressed in a recent ruling of the Court of Appeal for the Second District — Mezger v. Bick, 2021 Cal. App. LEXIS 550. This case involved a dispute among neighbors in a gated community. The plaintiffs were neighbors to comedienne Kathy Griffin. They alleged that their privacy was invaded by… Read More »
