Personal Injury & Tort Cases
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Personal Injury & Tort

U.S. District Court — Southern District of California
Uncategorized

Cruz v. City of San Diego — S.D. Cal. Allows Wrongful-Death Claims Over Police Shooting of Incapacitated Suspect to Proceed in Part

In a Section 1983 wrongful-death action brought by the parents of a man fatally shot by San Diego police officers — including allegations that officers continued to fire shots into the decedent’s body after he was already incapacitated — the court granted in part and denied in part the city&#8

U.S. District Court — Southern District of California
Uncategorized

McElroy v. Pernod Ricard — S.D. Cal. Lets Failure-to-Warn Claim Survive in Sparkling-Wine Bottle Injury Case but Dismisses Design-Defect and Negligence Claims

In a personal-injury suit by a consumer who lacerated her hand when a Mumm Napa Valley sparkling wine bottle exploded after she used a corkscrew to remove a stuck cork, the court granted summary judgment on the design-defect and negligent-storage claims but allowed the failure-to-warn claims to proc

2nd District Court of Appeal, Division One
Uncategorized

Matthews v. Ryan — Section 998 Settlement Offer Conditioned on Insurer Consent Was Valid; Trial Court Must Reconsider Prejudgment Interest

Second District holds a personal-injury plaintiff’s pretrial settlement offer conditioned on the defendant’s insurer’s consent was a valid Code of Civil Procedure section 998 offer, because insurer consent is a necessary condition of any insured-defendant settlement whether stated

1st District Court of Appeal, Division Four
Uncategorized

Vallejo City Unified School District v. Superior Court — School District Statutorily Immune for Off-Campus Student Suicide, but Not for On-Campus Pre-Death Harm

First District grants writ relief in part, holding the school district is immune under Education Code section 44808 for the death damages tied to a student’s off-campus suicide during winter break, but allowing the parents’ survival claim for on-campus harm to proceed.

2nd District Court of Appeal, Division Five
Uncategorized

Hu v. XPO Logistics, LLC — Freight Broker Owes No Duty of Care to Carrier’s Employee Injured in Truck Crash

Second District affirms summary judgment for freight broker XPO Logistics in a personal-injury suit by an injured trucker employed by the carrier XPO had hired, holding the broker did not actually exercise control over the transportation and thus owed no duty of care to the carrier’s employee.

U.S. District Court — Eastern District of California
Uncategorized

Poe v. Conrad — E.D. Cal. Allows Sexual Assault Victim to Proceed Pseudonymously and Sustains Most Battery and Tort Claims

Eastern District of California allows the plaintiff in a civil sexual assault case against a Sacramento commercial real estate developer to proceed under a pseudonym, dismisses her assault claim with leave to amend, and sustains battery, sexual battery, IIED, and most other claims based on allegatio

U.S. District Court — Southern District of California
Uncategorized

Blakely v. Elutia, Inc. — S.D. Cal. Denies Remand of Tuberculosis-Contaminated Bone Allograft Case Despite Plaintiff’s California-Citizenship Theory

In a personal-injury case alleging that a recalled bone allograft caused the plaintiff to test positive for tuberculosis, the court denied remand to state court, ruling that the LLC defendant the plaintiff identified as a California citizen was actually a wholly owned subsidiary of a Japanese corpor

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