The Eighth District affirmed summary judgment for Winking Lizard Tavern and Cintas on a slip-and-fall claim, finding the floor mat hazard was open and obvious and the plaintiff failed to demonstrate a genuine issue of material fact on the attendant-circumstances exception.
The Eleventh District affirmed summary judgment for PetSmart after a cat died during a routine nail trimming, holding that the owners failed to present evidence of a wrongful act or negligence that caused the death and that emotional distress claims are barred for loss of personal property under Ohio law.
The Georgia Court of Appeals affirmed summary judgment for the City of Savannah, holding that a pedestrian’s ante litem notice was statutorily deficient because it merely alleged the city was ‘negligent’ without specifying what negligent act caused her crosswalk fall injury.
The Fourth Appellate District (Division One) affirmed summary judgment for Uber in a wrongful-death suit, holding that an intoxicated college passenger’s death after she was struck on a freeway interchange roughly four miles from where two Uber drivers had left her was not within the scope of risk c
The Ninth Circuit affirmed a defense verdict in a Federal Tort Claims Act suit alleging VA doctors were negligent in prescribing gabapentin to a combat veteran with PTSD who subsequently committed suicide, finding no clear error in the district court’s credibility and standard-of-care determin
The Second District affirmed summary judgment for the City of Long Beach in an e-scooter sidewalk injury case, holding that amended interrogatory responses don’t automatically create triable issues and that the Sweetwater rule for anti-SLAPP evidence does not extend to summary judgment.
Ninth Circuit affirms summary judgment for a Seattle SWAT officer who shot and killed an armed, fleeing father holding his infant daughter, holding that no clearly established law put the officer on notice that deadly force in those circumstances was unconstitutional.
Second District affirms summary judgment for medical group under the going and coming rule in case where employee struck a bicyclist while turning into a parking lot during her morning commute, holding that the employee’s permission to work from home on certain days did not convert her home in
First District affirms summary judgment for turnkey contractor under the Privette doctrine in suit by injured rebar subcontractor employee, holding that morning site preparation including dewatering does not constitute affirmative contribution under Hooker and that Cal-OSHA regulations are generally
First District affirms summary judgment for City of San Rafael in dangerous condition case where teenage driver hydroplaned on wet curve, holding the conditions were open and obvious as a matter of law and that plaintiff could not defeat summary judgment by raising new pavement-defect theories outsi