Justia Injury Law Opinion Summaries

Southwest Airlines passenger Ilczyszyn suffered a massive pulmonary embolism while locked inside an airplane lavatory during the final stages of a flight from Oakland to Orange County. Rather than treating Ilczyszyn’s circumstances as a medical emergency, the flight crew perceived him to be a security threat; he did not receive medical care until after the flight had landed and the other passengers had disembarked. By then, he had gone into cardiac arrest. Although he was resuscitated, he later died in a hospital.A jury found that Southwest was negligent but found against the plaintiffs on the issue of causation. The court of appeal affirmed. The trial court properly found that Southwest was immune from liability under both 49 U.S.C. 44941 (Aviation and Transportation Security Act), and Civil Code section 47(b) for any act or omission occurring after the flight crew decided to treat Ilczyszyn’s medical emergency as a security threat. The court rejected arguments that these statutory immunities apply only to the actual disclosure of a security threat, not to conduct associated with such disclosures, and that the immunity is inapplicable here because the gravamen of their case was based solely on the flight crew’s negligent failure to identify the medical emergency. View "Ilczyszyn v. Southwest Airlines Co." on Justia Law

Ryan Lawhon alleged he was severely injured when an 18650 lithium-ion battery he bought from a San Diego vape shop suddenly exploded in his pants pocket. In addition to the vape shop and vape distributor, he sued LG Chem Ltd. (LG Chem), the South Korean manufacturer of lithium-ion batteries for negligence and product liability. The trial court denied LG Chem’s motion to quash service of summons for lack of personal jurisdiction, finding the court’s exercise of specific jurisdiction over LG Chem comported with federal due process. LG Chem petitioned the California Court of Appeal for a writ of mandate directing the trial court to vacate its order denying the motion to quash. The Court issued the writ: LG Chem sold 18650 batteries as industrial component products to original equipment manufacturers and battery packers who sell to original equipment manufacturers. It did not design, manufacture, distribute, advertise or sell the batteries for sale to or use by individual consumers as standalone, replaceable batteries. It had no connection to the vape shop or the vape distributor responsible for selling the defective battery that injured Lawhon. Its activities in California consisted of sales of 18650 batteries to three California companies in the electric vehicle industry for use in electric vehicles. The question presented was whether Lawhon’s personal injury claims arose from or related to those sales, to which the Court concluded they did not. Thus, the Court granted the petition and directed the trial court to vacate its order denying the motion to quash, and to enter a new order granting the motion. View "LG Chem, Ltd. v. Superior Court" on Justia Law

Plaintiffs appealed from a judgment of the superior court in their lawsuit against Southern California Edison Company (SCE) following summary judgment in SCE’s favor. Plaintiffs previously lived on a property on Knob Hill Avenue in Redondo Beach (Plaintiffs’ former home), which is located a few doors away from one of SCE’s electricity substations, the Topaz substation. Plaintiffs’ lawsuit alleged that electricity from the substation caused them to experience shocks at various places on their property, and sought recovery primarily for the emotional distress they suffered as a result.   On appeal, Plaintiffs argued that the court (1) excluded evidence that would have created a triable issue of fact as to causation; (2) applied the wrong legal standard for causation; and (3) erred in concluding the doctrine of res ipsa loquitor did not establish causation.   The Second Appellate District affirmed the judgment of the superior court. The court held that that, under the applicable substantial factor causation standard, the evidence presented on summary judgment established Plaintiffs could not prove causation in fact. The court further concluded that the court correctly rejected res ipsa loquitor as a means of establishing causation in this case. The court wrote it need not decide whether the court erred in excluding the evidence Plaintiffs identify because even considering that evidence, the record does not create a triable issue of fact as to whether stray voltage from the Topaz substation caused Plaintiffs’ claimed shocks. Specifically, SCE offered evidence that stray voltage shocks require certain conditions and that those conditions did not exist at the Plaintiffs’ former home. View "Barber v. Southern Cal. Edison Co." on Justia Law

Plaintiff’s guardian ad litem filed suit against Defendants for damages resulting from personal injuries suffered by Plaintiff in connection with a bicycle accident that occurred at Defendants’ residence when Plaintiff was six years old. The jury determined, by special verdict, that Defendant was not negligent. Judgment was entered in favor of Defendant.   Plaintiff challenged the trial court’s rulings on three motions in limine. The first motion in limine sought permission for Plaintiff’s counsel to give a brief opening statement prior to voir dire questioning. The remaining two motions sought to exclude testimony from two witnesses. Plaintiff also challenged the court’s denial of his motion for a new trial.   The Fifth Appellate District affirmed the trial court’s judgment denying Plaintiff’s motion for a new trial.  Ultimately, the court held that Plaintiff’s motion for a new trial was grounded upon the same arguments he made on appeal. The court reasoned that a trial judge is accorded wide discretion in ruling on a motion for a new trial and the exercise of this discretion is given great deference on appeal. Here, Defendant acknowledges he did not file an opposition to Plaintiff’s motion for a new trial. Plaintiff contends that, as a result, Defendant has now waived all opposition to the legal errors and abuse of judicial discretion Plaintiff raised in his Motion for New Trial, as well as on appeal. However, neither authority Plaintiff cites stands for the proposition that the failure to oppose a motion for a new trial operates to waive any argument on appeal that the judgment should be affirmed. View "D.D. v. Pitcher" on Justia Law

Plaintiffs, seven adults who claimed they were molested by a priest when they were children, brought suit against The Roman Catholic Archbishop of Los Angeles and related parties ("Defendants"). The Plaintiffs' claims were that the Defendants ratified the assaults and acted negligently in failing to supervise the priest who committed the assaults.In response, Defendants moved to strike the complaint, claiming that some of the acts that allegedly ratified the priest's conduct, as well as those serving as the basis for the allegations of negligence, constituted speech and litigation conduct that was protected under California's anti-SLAPP law (Code Civ. Proc. § 425.16). The district court rejected Defendants' anti-SLAPP motion.The Second Appellate District affirmed. As to the ratification claims, the court held that Defendants mischaracterized Plaintifffs' complaint, "cherry-picking allegations of litigation conduct, and, without support, suggesting that they are the only allegations incorporated by reference into the sexual abuse cause of action."As to the negligence claims, Defendants too narrowly construed Plaintiffs' complaint, focusing only on what Defendants claim was protected speech. Any allegations in Plaintiffs' complaint that may have been "conclusory" when taken out of context, were supported by factual allegations earlier in the complaint. View "Ratcliff v. Roman Catholic Archbishop of L.A." on Justia Law

Appellants alleged that Respondents, Berkshire Hathaway Homestate Insurance Company (Berkshire), Cypress Insurance Company (Cypress), Zenith Insurance Company (Zenith), and others conspired to “hack” a third-party computer system. At the direction of the insurance-company Respondents, allegedly copied thousands of electronic litigation files, which had been uploaded to the system by workers’ compensation and personal injury attorneys and their clients (including Appellants), and transmitted the copies to insurers and insurance defense law firms. Appellants first sued respondents in federal district court on various causes of action, including invasion of privacy.   The Second Appellate District, affirmed and agreed with the trial court that Appellants failed to state a claim. The court concluded that Appellants failed to allege any actionable injury because: (1) they did not allege damage or disruption to the computer system, as required by Intel; and (2) they did not allege injury to the copied files or their asserted property interests therein. The trial court properly sustained Respondents’ demurrers to Appellants’ trespass-to-chattels claim, because Appellants failed to allege any actionable injury to a property interest, whether in the HQSU system or in the files copied from it. In response to Appellants’ unfounded warnings that affirmance will leave future victims of hacking without any effective remedy. Having abandoned a privacy claim during their federal litigation, Appellants effectively attempted, both in the trial court and on appeal, to repackage an alleged invasion of privacy as a trespass to chattels. Because Appellants failed to plead facts satisfying the latter tort’s element of injury to a property interest, the trial court properly sustained respondents’ demurrers. View "Casillas v. Berkshire Hathaway Homestate Insurance Co." on Justia Law

Plaintiffs appeal from a judgment of dismissal entered as to Defendants State of California, acting by and through the California Highway Patrol (CHP), and CHP Sergeant (together, the CHP defendants), after the trial court sustained without leave to amend the CHP defendants’ demurrers to the Plaintiffs’ first amended complaint. Plaintiffs asserted on behalf of their deceased son claims for negligence and wrongful death after CHP Sergeant’s patrol car struck and killed Plaintiffs’ son while Langford was responding to an emergency call concerning an altercation on the freeway. The trial court found the claims against the CHP defendants were barred by investigative immunity conferred under California Government Code section 821.6 (section 821.6).The Second Appellate Division affirmed the trial court’s sustaining the Sergeant’s demurrer based on Plaintiffs’ concession at oral argument that the Sergeant is entitled to immunity as an emergency responder under California Vehicle Code section 17004. However, because California Vehicle Code section 17001 provides an independent statutory basis for CHP’s liability based on the Sergeant’s alleged negligence, the court did not reach the scope and application of section 821.6 immunity, and the court reversed the judgment as to CHP and remand for further proceedings. View "Silva v. Langford" on Justia Law

A trial jury disbelieved Plaintiff’s claim that a 2017 rear-end accident caused him $1.5 million in damages. The jury awarded Plaintiff nothing finding the 2017 accident with Defendant caused Plaintiff no injury. Plaintiff appealed and the Second Appellate District affirmed the trial court’s judgment.   The court explained that Plaintiff incorrectly faulted the trial court for refusing to direct a verdict on the issue of causation. Plaintiff told the trial court that causation was undisputed: that everyone agreed the 2017 accident caused Plaintiff at least some injury, so Plaintiff deserved a directed verdict on causation. This argument is inaccurate Plaintiff bases this claim—on the root idea that the defense expert conceded the 2017 accident caused Plaintiff a new neck injury, different from the one Plaintiff claimed from 2016. The defense witness did not concede causation, rather the evidence put causation in play.   Next, Plaintiff argued no substantial evidence supports the defense verdict. Plaintiff’s medical witnesses opined the 2017 accident injured him, but Plaintiff had hidden his 2016 accident from them. Thus, substantial evidence supported the verdict. Third, Plaintiff argued the jury instructions and verdict form led the jury astray, but if there was any error, he invited it. View "Davis v. Harano" on Justia Law

The instant appeal is from a judgment of dismissal following a successful demurrer by respondents Uber Technologies, Inc., Rasier-CA, LLC, and Rasier, LLC (collectively, the Uber entities) to a complaint filed against them by appellants, Jane Doe Nos. 1, 2, and 3 (collectively, the Jane Does). The Jane Does were abducted and then sexually assaulted by assailants who lured the Jane Does into their vehicles by posing as authorized drivers of the Uber entities’ ridesharing app. The complaint alleged the Uber business model created the risk that criminals would employ this scheme, then failed to protect potential victims from it. The trial court sustained the demurrer to the operative complaint and dismissed the complaint with prejudice.   The Second Appellate Division affirmed the trial court’s judgment. The court reasoned that the Uber entities were not in a special relationship with the Jane Does that would give rise to a duty to protect the Jane Does against third-party assaults, or to warn them about the same. The complaint thus did not allege actionable nonfeasance. Nor does the complaint allege actionable misfeasance. Although it is foreseeable that third parties could abuse the platform in this way, such crime must be a “necessary component” of the Uber app or the Uber entities’ actions in order for the Uber entities to be held liable, absent a special relationship between the parties. The trial court correctly concluded that the Uber entities cannot be held liable for causing or contributing to the Jane Does’ harm. View "Jane Doe No. 1 v. Uber Technologies, Inc." on Justia Law

Appellant, a severely disabled child whose congenital abnormalities were undetected during his mother’s pregnancy, sued various medical providers for wrongful life. The California Department of Health Care Services (“DHCS”) asserted a lien on Appellant’s settlement to recover what DHCS paid for his medical care through the state’s Medi-Cal program, and the trial court awarded DHCS the full amount of the lien.   The Second Appellate District reversed, rejecting Appellant’s contentions that DHCS’s lien is preempted by federal law and that there is no substantial evidence that Appellant’s settlement included payments for past medical expenses. However, the court held that the trial court erred by failing to distinguish between past medical expenses and other damages.   The court concluded that the provisions of the Medi-Cal Act permitting DHCS to impose a lien on Appellant’s tort recovery are not preempted by federal law. Further, the court concluded that the trial court did not err by concluding that Appellant’s settlement included past medical expenses. The court reasoned that the Welfare and Institutions Code provides that DHCS “shall have a right to recover . . . the reasonable value of benefits” provided to a MediCal beneficiary, and it further provides that the court, not the Medi-Cal beneficiary, determines what portion of a settlement is fairly allocated to satisfy DHCS’s lien.  However, it does not appear that the trial court determined which portion of Appellant’s settlement was attributable to past medical expenses, thus the court remanded the trial court to apportion the settlement accordingly. View "Daniel C. v. White Memorial Medical Center" on Justia Law