Hotel bathtub slip-and-fall: previous accidents must be sufficiently similar to give innkeeper notice of dangerous product/condition

Posted by Steven Vartabedian on

In Howard v. Omni Hotels Management Corp. (filed January 11, 2012, certified for publication February 8, 2012) 2012 DJDAR 1786, plaintiff injured himself as a result of a slip and fall in the bathtub while staying at one of defendant Omni’s rooms in San Diego. He sued Omni for premises liability and negligence; he also […]

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Claims of medical malpractice and negligent equipment maintenance involve separate acts making latter actionable even where former dismissed

Posted by Steven Vartabedian on

“If at first you don’t succeed, try try again.” This familiar saying first appeared in the 19th century writings of American educator Thomas H. Palmer to encourage school children to do their homework. In Johnson v. Chiu (filed September 29, 2011) 2011 DJDAR 14825, both sides take this maxim literally. Plaintiff Johnson went to defendant […]

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Allergic reaction to product does not establish triable issue of liability

Posted by Steven Vartabedian on

In Hennigan v. White (California Court of Appeal, Third Appellate District, filed September 20, 2011) 2011 DJDAR 14269, plaintiff went to defendant’s business, a day spa, to have permanent cosmetics injected into her eyelids and eyebrows. After the initial injections of pigment, plaintiff received a touch-up performed about 2 months later. One month after the […]

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Termination for Denial of Security Clearance May Establish Pretextual Discrimination

Posted by Steven Vartabedian on

In Zeinali v. Raytheon Company (United States Court of Appeals, Ninth Circuit–filed April 4, 2011) 2011 DJDAR 4839, plaintiff, an ethnic Iranian, was terminated by defendant employer from his four years of employment as an engineer. He was required by the employer to apply for and be granted security clearance by the United States Department […]

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Appellate Review: Are Some Cases Getting Decided Less on Principles of Limited Review and More Based on Expediency of Result?

Posted by Steven Vartabedian on

In my previous “career” as a justice on the California Court of Appeal, Fifth Appellate District, where I served for 21 years, I found there were times in deciding cases that the temptation arose to dispose of matters based on my instincts of the merits of a case rather than the standard of appellate review […]

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