May a jury conclude that, although the availability of an employee’s vehicle confers some benefit on the employer, it did not confer sufficient benefit to render the employer vicariously liable for the negligent operation of the vehicle by employee while driving home from the workplace?

Posted by Dowling Aaron on

After exiting employer Tamco’s parking lot to go home, employee Luis Del Rosario’s vehicle collided with the motorcycle of San Bernardino County Deputy Sheriff Daniel Lobo, killing Lobo; Tamco was sued as a defendant in the wrongful death claim of Lobo’s heirs. Four years ago, in Lobo v. Tamco (2010) 182 Cal. App.4th 297 (Tamco […]

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Does in-home caregiver assume the risk of injury caused by the acts of the Alzheimer patient that care was being provided to?

Posted by Steven Vartabedian on

In Gregory v, Cott (filed 8/4/14) 2014 DJDAR 10271, the family of 85-year-old Alzheimer patient Lorraine Cott had contracted with a home health care agency to assist her. The agency assigned its employee, plaintiff Carolyn Gregory, to perform services under this contract. Gregory was trained in caring for Alzheimer’s patients, had performed such assignments in […]

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Is evidence of shopping center’s subsequent remedial measure of hiring a security service admissible to prove causation of an armed robbery suffered by a tenant?

Posted by Steven Vartabedian on

In McIntyre v .The Colonies-Pacific, LLC (filed 7/31/14) D065469, at his jewelry store located in defendant’s shopping center, plaintiff McIntyre and his daughter were pistol whipped by two men who restrained them and robbed the store; McIntyre recognized the perpetrators as looking suspicious when they were in the store a week earlier. A few months […]

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Does the alleged defective design of car’s seat allow application of “consumer expectation” test, engineer strict-liability, and non-apportionment of general damages among designers?

Posted by Steven Vartabedian on

In Romine v. Johnson Controls, Inc. (filed 3/17/14) B239761, the chain collision caused by a speeding vehicle crashing into a line of vehicles stopped at an intersection resulted in the striking of plaintiff’s vehicle, rendering her a quadriplegic. The force of the collision caused plaintiff’s seatback to collapse and her head violently struck the vehicles […]

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Where law exempts requirement, may owner who rents out a residence be liable for failure to install self-closing door latch of door leading to swimming pool where minor guest of tenant drowned?

Posted by Steven Vartabedian on

In Johnson v. Prasad (filed 2/25/14) 2014 DJDAR 2325, homeowners (the Prasads) bought a home in 2000 which had a 14-year-old pool in the backyard. A six foot fence blocked access to the pool, except from the interior of the home via a kitchen sliding door. That door had a security gate, but lacked a […]

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May server of alcohol at a fee-generating event be liable for the vehicular tort committed by an obviously intoxicated paying minor?

Posted by Steven Vartabedian on

Social hosts furnishing alcohol generally enjoy immunity from liability as not being the proximate cause for injuries caused by an intoxicated guest. (Civil Code section 1714 (b).) However, this immunity is not available for a server falling within Business and Professions Code section 25601.2, which provides that a person not required to have a liquor […]

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Does employer owe preconception duty-of-care to child of employee for harmful work environment, and is “duty” necessary to prove strict liability?

Posted by Steven Vartabedian on

In El sheref v. Applied Materials, Inc. (filed 1/27/14) H038333, the father of the plaintiff minor worked as an engineer at defendant’s semiconductor manufacturing facility. Father’s duties included working with tools containing mercury and ethylene glycol and being exposed to ionizing radiation. Defendant provided information, training, and medical advice to employees to assess and reduce […]

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May an employer who requires employee to use her vehicle be liable for employee’s negligence en route to personal business in the course of driving home?

Posted by Steven Vartabedian on

In Moradi v. Marsh USA, Inc. (filed 9/17/13) 2013 DJDAR 12540, Judy Bamberger worked as a salesperson-marketer for Marsh, an insurance broker. She was required to use her personal vehicle under a “car allowance” program; two to five times a week she would use it primarily for off-site appointments, meetings, and transporting Marsh executives and […]

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May employer who served alcohol at company party be vicariously liable for intoxicated employee’s tortious conduct after he had reached his home?

Posted by Steven Vartabedian on

It has long been black-letter law that an employer may be held vicariously liable for torts committed by an employee acting within the scope of employment. (Mary M. v. City of Los Angeles (1991) 54 Cal.3d 202, 208.) But in the context of an employee consuming alcohol during an employer party, must the act of […]

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Manufacturer of grinder has no liability for nor duty to warn of grinder’s use with blade expressly excluded from intended use of grinder.

Posted by Steven Vartabedian on

In Sanchez v. Hitachi Koki, Co., Ltd. (filed 7/9/13) 2013 DJDAR 8970, plaintiff sued the manufacturer of a grinder for personal injuries resulting from plaintiff’s use of a saw blade manufactured by a third party. The grinder’s safety manual and instructions expressly warned that saw blades should not be used with the grinder. Plaintiff was […]

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