Personal Injury / Tort Cases
REPRESENTATIVE CASES
- Plaintiff injured in car accident sued defendant driver for damages. Issues concerned liability insurance and issuance of a traffic citation.
- Plaintiff sued four attorney defendants for professional negligence/legal malpractice, breach of contract, common counts, and fraud. Issue raised concerned whether there was continuing representation by the attorneys.
- Plaintiff, a member of a fitness club, was physically injured by a workout machine. He sued the club for negligence and strict liability. Issues were whether the negligence cause of action is precluded by a purported release plaintiff signed when he joined the club and whether the strict liability cause of action is viable if the club is a "service provider."
- Plaintiffs sued their attorney for professional negligence based the attorney's advice to repossess the leased premises using self-help and a show of force. The attorney sued plaintiffs for legal fees.
- Plaintiffs injured by defendant's truck driven by defendant's nephew without his permission sued both for negligence. Issue concerns whether there was a lack of duty or special circumstances that created a duty.
- Plaintiff was injured after he fell over a cliff while playing a sports game in another country while on a tour from a sea vessel. Plaintiff sued the tour company and its owners for maritime negligence, negligence, and breach of contract of carriage.
- Plaintiff was injured when the car he was driving collided with another car in the City. The traffic lights were not operating due to a power failure. Plaintiff sued the City, and other defendants, alleging that it created a dangerous condition at the collision site.
- Plaintiff a former student sued a school district and the teacher who sexually harassed her. After student and teacher entered into stipulated judgment in her favor, she sued the district for indemnity and declaratory relief. Issue was whether her harassment occurred within the scope of the teacher's employment.
- Plaintiffs fell from rocks along city's coastal path/walkway, were injured and sued the city. Issue concerned whether the city was entitled to a 'design immunity' defense.
- Plaintiff was injured when she fell down the steps leading to the backyard of a rental property owned by defendant. She brought a negligence and premises liability action for damages.
- Plaintiff was seriously injured during a fight that occurred at a bar operated by defendant . Plaintiff brought a personal injury action against defendant, alleging a cause of action for premises liability. Issue concerned whether defendant owed plaintiff a duty of care to protect him from violent actions of third parties while he was a bar customer.
- Plaintiff brought a negligence action against an individual relating to a vehicle collision. The issue concerned the admissibility of a videotaped deposition of defendant’s expert and plaintiff's request to present a rebuttal expert.
- Plaintiffs husband and wife brought an action against defendant/physician for medical negligence. Issues concerned whether the injured plaintiff gave her informed consent prior to surgery.
- Plaintiff was severely injured when she fell from a horse owned by defendants. She sued the defendants for negligence and strict liability. Issues included vicarious liability, agency, and whether the horse had dangerous propensities.
- Plaintiff brought a personal injury action against defendant medical physician. Issues concerned the admissibility of plaintiff's expert's opinion regarding future surgery and medical treatment.
- Plaintiff was severely injured at a construction site. He sued for negligence, premises liability and negligence per se against five defendants. Issues concerned whether two of the defendants actually breached their duties to him and whether one defendant owed an equitable contribution to two other defendants.
- Plaintiff suffered personal injuries and property damage in a motorcycle accident with an underinsured driver. His insurance carrier denied his claim for underinsured motorist coverage. Plaintiff brought a coverage lawsuit against his insurance carrier asserting various causes of action including breach of contract, bad faith, and fraud. Sanchez appeals from the judgment. One issue concerns whether the insurance carrier promised maximum coverage and failed to provide it.
- Plaintiffs, seven students at a medical educational institute, brought an action against defendant institute and an individual for various misrepresentations relating to plaintiffs’ employment prospects and their ability to take licensing examinations following their graduation from the institute. Issues concerned the amount of economic and noneconomic damages, punitive damages under the Consumer Legal Remedies Act, and alter ego theory
- Defendant was driving his vehicle for his employer, defendant corporation, when his vehicle hit the rear of plaintiff's vehicle. Defendants conceded that they were responsible for the collision, but disputed the cause of plaintiff’s injuries and the amount of his damages. Issues included the admissibility of expert testimony by a biomechanical engineer and any award for future medical costs.
- Plaintiff, a minor, was sexually abused by former sports coach. Plaintiff filed an action for negligence and willful misconduct against defendants sports league, programs, and association. At issue was whether the defendants had duty to protect plaintiff from criminal conduct by a third party and a duty to conduct criminal background checks of all adults who would have contact with children involved in their programs.
- Plaintiff was struck and severely injured while she was crossing the driveway leading to a shopping center. Plaintiff sued the City, the driver of the truck, and others. She alleged that the City’s property was in a dangerous condition. Questions whether the court should give a special “design of driveway” jury instruction requested by the City, or a jury instructions on negligence per se and mandatory duty.
- Plaintiff was injured while using a sporting apparatus. He brought an action for negligence against the sport company providing the experience, the owner of the company, and the instructor for injuries sustained in the crash. Issues concerned whether there was an express and primary assumption of risk.
- Plaintiff filed a wrongful death action against defendant medical doctor based on his care and treatment of her deceased father. Main issue concerned causation.
- Plaintiffs, a minor and minor's parent, sued a school district for negligence in connection with a private part touching of the minor by a young classmate. Issues concerned whether a mandatory reporting obligation was triggered, admissibility of videotaped deposition testimony, and use of expert witnesses.
- Plaintiff corporation filed an action for legal malpractice, breach of fiduciary duty, and unjust enrichment against an attorney and his law practice. Issue is whether the attorney owed a duty because he had never consented to represent plaintiff in the underlying lawsuit. Another question was whether there was an implied-in-fact attorney-client relationship between plaintiff and the defendant attorney.