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Category Archives: Personal Injury

RES IPSA LOQUITUR

By Dennis Stout |

“Res Ipsa Loquitur” is a doctrine used to prove negligence based upon circumstantial evidence in tort (injury) cases. The res ipsa doctrine is basically a presumption that “the thing speaks for itself,” and allows a judge or jury to deduce negligence where there is no other reasonable explanation for what has occurred. The three… Read More »

SIDEWALK DANGERS: WHO IS RESPONSIBLE FOR MY TRIP AND FALL?

By Sara Morgan |

As a City ages, and its trees mature, a common problem that can arise upon public sidewalks is a lift or protrusion to some portion of the slab that can cause or contribute to a fall incident.  Many times, roots from nearby trees are to blame, but there are many other possible causes including… Read More »

998 Offers – Follow the Rules for them to be Valid!

By Jean-Simon Serrano |

We’ve discussed 998 offers many times in the previous blog entries(here, here, here, and here).  What happens if a 998 offer is sent but doesn’t include a specific provision for acceptance?  That was the subject of another recent case – Finlan v. Chase(2021) Cal App LEXIS 759. Chase sexually assaulted aesthetician Finlan during a… Read More »

GUILTY OF A CRIME – ADMISSIBILITY IN A CIVIL CASE

By Dennis Stout |

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 »

Negligent Entrustment and an Owner’s Duty to Inquire Whether Permissive User has a License

By Jean-Simon Serrano |

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

By Jean-Simon Serrano |

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

By Dennis Stout |

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 »

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 »

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