Join SFTLA for the highlights of Tort & Trial for the 2018 year!
1.) Regents of University of California v. Superior Court (2018) 4 Cal.5th 607. Universities have duty to protect students from foreseeable violence during curricular activities.
2.) Sakai v. Massco Investments, LLC (2018) 20 Cal.App.5th 1178. Property owner not liable for third party’s unexpected reckless conduct.
3.) Shiver v. Laramee (2018) 24 Cal.App.5th 395. Sudden emergency doctrine barred freeway driver’s negligence claim.
4.) Sandoval v. Qualcomm Inc. (2018) 28 Cal.App.5th 381. Project owner liable to subcontractor’s employee under retained control exception to Privette.
5.) Willhide-Michiulis v. Mammoth Mountain Ski Area, LLC (2018) 25 Cal.App.5th 344. Ski resort not liable for snowboarder’s catastrophic collision with snow-grooming equipment.
6.) Pebley v. Santa Clara Organics, LLC (2018) 22 Cal.App.5th 1266. Tort victim properly permitted to introduce evidence of cost of medical services rendered outside his insurance plan.
7.) Williams v. The Pep Boys Manny Moe & Jack of California (2018) 27 Cal.App.5th 225. Successors-in-interest in a survival action are limited to the economic losses that the decedent sustained or incurred
before death and do not include damages that would have been incurred if the decedent survived. An estate can recover
the lost wages, medical expenses, and any other pecuniary losses incurred before death.
8.) Ramirez v. City of Gardena (2018) 5 Cal.5th 995. City’s compliance with statutory requirement for vehicular pursuit policy does not hinge on 100 percent compliance by officers.
9.) Kim v. Toyota Motor Corp. (2018) 6 Cal.5th 21. Evidence of industry custom and practice may be admissible in strict products liability case.
10.) Troester v. Starbucks Corp. (2018) 5 Cal.5th 829. Employee may not regularly be required to work for nontrivial periods of time without compensation.
11.) Cochrum v. Costa Victoria Healthcare, LLC (2018) 25 Cal.App.5th 1034. No recklessness shown in nursing facility’s failure properly to implement patient’s dietary change.
12.) Heckart v. A-1 Self Storage, Inc. (2018) 4 Cal.5th 749. Storage facility’s alternative indemnity agreement not “insurance” subject to regulation under Insurance Code.
13.) Hassell v. Bird (2018) 5 Cal.5th 522. Internet forum was immune from order directing it to remove derogatory statements published by a third party on forum’s
14.) Facebook, Inc. v. Superior Court (2018) 4 Cal.5th 1245. Stored Communications Act does not bar social media providers’ disclosure of users’ public posts.
15.) Tanguilig v Neiman Marcus Group, Inc. (2018) 22 Cal.App.5th 313. Tolling available only where circumstances make it “impossible, impracticable, or futile” to bring all claims to trial.
16.) Fong v. East West Bank (2018) 19 Cal.App.5th 224. Authenticity of signature created triable issue of material fact sufficient to defeat motion for summary judgment on claim
17.) ABM Industries Overtime Cases (2017) 19 Cal.App.5th 277. Trial court erred in rejecting expert declarations due to expert’s lack of “formal training or degrees.”
Mark E. Davis is an experienced civil trial attorney defending public entities, particularly school districts, in tort litigation and employment litigation matters. He has handled cases involving allegations of premises liability, negligent supervision, harassment, molestation, employment discrimination and wrongful termination. He has successfully defended over 25 cases to verdict, including the successful defense of wrongful death, quadriplegic, brain damage and employee harassment cases In 1998 Mr. Davis was voted into the American Board of Trial Advocates (ABOTA). For the past 20 years he has received top AV rating provided by Martindale-Hubbell. He has served on the faculty at Lincoln Law School as a torts professor. He has served as a court appointed arbitrator and judge pro tem for over 25 years.
Kirsten M. Fish is a partner with Needham Kepner & Fish LLP, where she focuses on personal injury, wrongful death and elder abuse litigation. She is the co-author of “Litigating Financial Abuse Actions Against Institutions, Agents and
Fiduciaries” in CEB’s California Elder Law Litigation: An Advocate’s Guide. In 2014, Ms. Fish was named SCCTLA’s Trial Lawyer of the Year and CAOC’s Street Fighter of the Year.
Anoush Lancaster litigates complex catastrophic injury cases involving negligence, wrongful death, products liability, elder abuse, industrial accidents and exceptions to the workers’ compensation exclusive remedy doctrine. She was a finalist for SFTLA’s 2013 and 2014 Trial Lawyer of the Year and COAC’s 2015 Trial Lawyer of the Year. She has been named Super Lawyer Northern California Rising Star 2013 and 2014 and a Super Lawyer and one of Northern California’s top women attorneys in 2015. She serves on the Board of Governors for Consumer Attorneys of California and is the vice president of Consumer Attorneys of California’s Women’s Caucus.
Valerie McGinty is a certified appellate specialist who represents plaintiffs exclusively. She focuses on affirming
plaintiffs’ verdicts and has upheld significant jury verdicts on appeal without defeat. She also handles appeals from
summary judgments, obtaining reversals at triple the average rate. Valerie was COAC’s 2016 Marvin E. Lewis recipient and a final nominee for CAOC’s 2015 Consumer Attorney of the Year. In 2014, she received CAOC’s Street Fighter of the Year award. In 2012, Valerie was a finalist for CAALA ’s Ian Herzog Appellate Lawyer of the Year Award. Valerie is a Super Lawyer, and is rated AV Preeminent by Martindale Hubbell.
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