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Category Archives: Personal Injury

Statute of Limitations for Minors – Calculating Tolling

By Jean-Simon Serrano |

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)

By Dennis Stout |

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 »

Do Nest (and similar) doorbells and cameras constitute an invasion of privacy?

By Jean-Simon Serrano |

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 »

RENTAL CAR LIABILITY

By Dennis Stout |

California rental car companies are getting away with murder. When requesting the rental vehicle, the renter is only asked to provide a “facially valid” driver’s license. The rental car company(s) are not required to ask for confirmation of valid automobile liability insurance, even though it is required of a driver of an automobile. The… Read More »

DID THE PROPERTY OWNER INCREASE THE RISK? JUDGE STUMPS PLAINTIFFS

By Sara Morgan |

A California couple recently found out that their case for negligence against a ski resort was thrown out of court in Wyoming, where the incident occurred.  Their case against the Jackson Hole Mountain Resort involved similar issues of assumption of risk and premises liability that face plaintiffs here in California.  In January 2017, while… Read More »

Government Code 821.6 Immunity for Negligent Infliction of Emotional Distress

By Jean-Simon Serrano |

A recent case deals with a sheriff’s deputy’s immunity from a claim of negligent infliction of emotional distress.  In the recent case of Leon v. County of Riverside (2021) ___Cal.App.5th___ [2021 Cal. App. LEXIS 446, at *1-3], the plaintiff’s husband, José Leon, was shot and killed by a neighbor in a driveway of a mobilehome… Read More »

What to Do If You Get Facial Paralysis From a Personal Injury

By Jean-Simon Serrano |

Facial paralysis is a catastrophic injury that can have a devastating effect on you for the rest of your life. What should you do? Riverside, California personal injury lawyers Heiting & Irwin have over four decades of experience assisting clients with catastrophic injuries such as facial paralysis. We have retrieved more than $400 million… Read More »

ASSUMING THE RISK OF INJURY

By Dennis Stout |

As California begins to open up from the Corona Virus pandemic, people will return to outdoor recreation and sporting activities. In doing so, there is always a chance for injury as either a spectator or participant. If and when any injury were to occur, there is a good chance that the party causing the… Read More »

HOA Not Responsible for Injuries to Pedestrian/Visitor Who Had to Park Across the Street

By Jean-Simon Serrano |

In a recent case, (Issakhani v. Shadow Glen Homeowners Assn. (Apr. 30, 2021, No. B301746) ___Cal.App.5th___ [2021 Cal. App. LEXIS 369, at *1].), the plaintiff was struck by a car while jaywalking across a five-lane highway at night.  The plaintiff sued the owner of the condominium complex she was trying to visit for negligence and… Read More »

Two Step Inquiry for Determining Duty to Protect a Plaintiff from Injuries Caused by a Third Party

By Jean-Simon Serrano |

A recent case, Brown v. USA Taekwondo, 11 Cal. 5th 204, took up the issue as to whether the United States Olympic Committee and USA Taekwondo could be held liable for the sexual abuse caused by a third-party coach. Plaintiff athletes sued the United States Olympic Committee (USOC) and USA Taekwondo (USAT). Plaintiffs alleged… Read More »

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