Justia Injury Law Opinion Summaries

The Supreme Court affirmed the decision of the circuit court granting summary judgment in favor of Jeffrey Cole, William Sims, and Gregory Brewers (collectively, the Attorneys) arising out the Attorneys' representation of Doug and Dawn Barr in a personal injury action, holding that the circuit court did not err.The Barrs, husband and wife, were involved in a motor vehicle accident with Stuart Hughes. The Attorneys filed a lawsuit on behalf of the Barrs against Hughes. Following the settlement of their personal injury claims, the Barrs sued the Attorneys for legal malpractice and related claims, challenging the Attorneys' alleged failure to pursue a claim for damages against the State for Hughes's negligence and the Attorneys' failure to inform them of their claim before they agreed to settle. The circuit court granted summary judgment for the Attorneys. The Supreme Court affirmed, holding that summary judgment was properly granted because the Barrs could not have asserted a claim against the State in their underlying negligence action, and the Attorneys were not negligent for failing to pursue one. View "Barr v. Cole" on Justia Law

Guiracocha and his son, Cristopher, filed an uninsured motorist (UM) claim against Direct Auto, stemming from a hit-and-run incident where 14-year-old Cristopher was struck by a vehicle while riding his bicycle. They asserted Fredy was the named insured under an automobile insurance policy issued by Direct Auto and that UM coverage applied to Cristopher based on his status as a “relative” under the policy. Direct Auto denied coverage because Cristopher was not an occupant of a covered vehicle at the time of the accident and sought a declaratory judgment. The circuit court granted Direct Auto summary judgment.The appellate court reversed, holding that a provision in an automobile insurance policy that limits UM coverage to insureds occupying an insured automobile violates the Illinois Insurance Code (215 ILCS 5/143a). The Illinois Supreme Court affirmed. Section 143a states that an insurance policy cannot be “renewed, delivered, or issued for delivery” in Illinois unless it provides coverage to “any person” for injuries “arising out of the ownership, maintenance or use of a motor vehicle.” A bicyclist injured by an uninsured motorist vehicle is a “person” who suffered injuries arising out of the ownership, maintenance, or use of “a motor vehicle.” The injured person’s status as an occupant of a vehicle is irrelevant. View "Galarza v. Direct Auto Insurance Co." on Justia Law

Firefighters sued Favro, who crashed his car into a firetruck before receiving aid from the firefighters, alleging that Favro was negligent in failing to comply with their directions and thereby caused them to be harmed by another crashing vehicle.The Firefighter’s Rule negates liability "by one whose negligence causes or contributes to the fire which in turn causes the death or injury of the [firefighter].” with exceptions. Civil Code 1714.9(a)(1) provides: “any person is responsible not only for the results of that person’s willful acts causing injury to a" firefighter "also for any injury occasioned to [the firefighter] by the want of ordinary care or skill in the management of the person’s property or person," "Where the conduct causing the injury occurs after the person knows or should have known of the presence of the" firefighter. The court instructed the jury on: “Assumption of Risk/Exception/Occupation Involving Inherent Risk” The Special Verdict Form asked: Did Favro increase the risks to [the firefighers] through conduct occurring after he knew or should have known of the presence of the firefighters?” The presiding juror marked, “No.”The court of appeal ordered a new trial. Favro’s counsel committed misconduct by misrepresenting to the jury the law applicable to these unusual circumstances, stating that Favro could not be held liable unless he had increased the risk to the firefighters “beyond the risk that’s inherent to their job.”. A subsequent admonition failed to cure the error. View "Rattary v. Favro" on Justia Law

Thomas was recruited to play on the women’s soccer team at the University of California, Berkeley (UCB), played on the team during her freshman year and, in the spring of that year, was released from the team. She sued UCB, the team’s head coach (McGuire), and the Director of Athletics (Knowlton), alleging that she turned down a scholarship to another school based on McGuire’s recruitment efforts and that McGuire failed to disclose his “abusive” coaching style and the team’s culture of intimidation and fear. After her federal suit was dismissed, Thomas sued in state court, alleging claims against McGuire and Knowlton for violation of the Unruh Act and negligence; against McGuire for breach of fiduciary duty and fraud; and against UCB under Government Code section 815.2.The court of appeal affirmed the dismissal of the suit, reinstating only a claim of sexual harassment (Civil Code section 51.9) against McGuire and UCB. Thomas failed to state a negligence claim against McGuire, Knowlton, or UCB. Thomas cites no authority imposing on a university a duty to protect students from harm of a non-physical nature. Nor did Thomas establish a breach of fiduciary duty. The court also rejected claims of fraud and negligent misrepresentation. View "Thomas v. The Regents of the University of California" on Justia Law

Appellants Walmart and New Hampshire Insurance Company appealed the Idaho Industrial Commission’s determination that the employee’s widow, Sue Jordan, was entitled to medical and death benefits. More specifically, they challenged the Commission’s application of the presumption set forth in Idaho Code section 72-228 where there was unrebutted prima facie evidence indicating that the employee’s death arose in the course of his employment. Finding no reversible error, the Idaho Supreme Court affirmed the decision of the Idaho Industrial Commission. View "Jordan v. Walmart Associates, Inc." on Justia Law

Plaintiff Team Industrial Services, Inc. (Team) suffered a $222 million judgment against it in a wrongful-death lawsuit arising out of a steam-turbine failure in June 2018 at a Westar Energy, Inc. (Westar) power plant. Team sought liability coverage from Westar, Zurich American Insurance Company (Zurich), and two other insurance companies, arguing that it was, or should have been, provided protection by Westar’s Owner-Controlled Insurance Program (OCIP) through insurance policies issued by Zurich and the two other insurers. Team’s claims derived from the fact that its liability for the failure at the Westar power plant arose from work that had previously been performed by Furmanite America, Inc. (Furmanite), which had coverage under Westar’s OCIP. The district court granted summary judgment to Defendants, and Team appealed. Not persuaded by Team's arguments for reversal, the Tenth Circuit affirmed the district court. View "Team Industrial Services v. Zurich American Insurance Company, et al." on Justia Law

Defendant Que Phung Thi Nguyen allegedly threatened to expose the existence of plaintiff Bruce Tran's child she birthed during his marriage. Between 2010 and 2011, the Trans separated. During their separation, Tran began a romantic relationship with Nguyen; a few weeks into the relationship, Nguyen informed Tran she was pregnant with his child. Shortly thereafter, in June 2011, Tran ended the relationship. According to the complaint filed in this case, Nguyen later “began to blackmail” Tran by demanding that he pay her thousands of dollars, or she would disclose their relationship and the child’s existence to his wife. In this case, the parties disputed whether California had a civil cause of action for extortion. The trial court agreed with defendant Nguyen’s contention plaintiff Bruce Tran’s extortion cause of action could only move forward if it arose out of a threat to initiate a false criminal or civil prosecution—and thus no such cause of action could be based on the facts in this case. The Court of Appeal disagreed: Civil Code sections 1566, 1567, and 1570 established a right to rescission in cases in which a person’s consent to a transaction was obtained by “menace”: threats of confinement, of unlawful violence to the person or his or her property, or of injury to a person’s character. "This is effectively the civil version of extortion." However, because the cause of action which sought rescission sounded in contract, rather than tort, no emotional distress damages were recoverable. Because the civil extortion/rescission cause of action did not give rise to emotional distress damages, the Court found no error in the portion of the court’s order sustaining Nguyen’s demurrer to Tran’s separate cause of action for intentional infliction of emotional distress. The Court consequently reversed the judgment entered against Tran, and remanded the case with directions to allow him leave to amend his cause of action for recovery of the funds he paid to Nguyen as a result of her threats to reveal their affair—and the existence of their child—to his wife. View "Tran v. Nguyen" on Justia Law

Appellants’ father died in a multi-car accident caused by a deer crossing State Route 154 (SR-154). Appellants sued respondent California Department of Transportation (Caltrans) and others for negligence. They alleged the road constituted a dangerous condition under Government Code section 835. The trial court found that design immunity applied to Caltrans and granted summary judgment. Appellants contend the trial court erred when it found design immunity was a complete defense to Caltrans’ liability. They also contend the court failed to address a separate basis of liability, failed to warn when it ruled on the motion for summary judgment.The Second Appellate District affirmed. Appellants’ theory of the case, in sum, is that Caltrans designed SR-154 without certain specific features they contend would have made the highway safer. The court explained that Caltrans need not produce additional evidence to prove this point. A traffic engineer attested to the applicable design standards and how Caltrans addressed the dangers posed by deer entering traffic and vehicles crossing the median. This constitutes substantial evidence of advance approval. The court wrote that it would not second-guess the decision of Caltrans to include or omit certain design features. The court concluded that substantial evidence showed that a reasonable public employee would have adopted the SR-154 design plans, even without the features and changes Appellants contend Caltrans should have considered and included. View "Stufkosky v. Department of Transportation" on Justia Law

Plaintiff-appellant Rose Jones, an employee of the Regents of the University of California (the University), was injured while riding her bike on University grounds on her way home from work. She and her husband filed suit against the University. The University moved for summary judgment, arguing inter alia, that Jones was limited to workers’ compensation under that system’s “exclusivity” rule. Although an employee’s commute was generally outside the workers’ compensation scheme, the University argued Jones’s injuries were subject to the “premises line” rule, which extended the course of employment until the employee left the employer’s premises. The trial court agreed and granted summary judgment for the University. Appellants challenged the trial court’s ruling, claiming that a triable issue remained as to whether the premises line rule applied to Jones’s accident based on a variety of factors. After review, the Court of appeal determined the factors appellants cited raised no question about the rule’s application. Therefore, judgment was affirmed. View "Jones v. Regents of the University of California" on Justia Law

At issue in this case is whether ORS 12.115(1) applied to actions in which plaintiffs allege their attorney negligently caused injury consisting solely of financial loss—here, the cost to plaintiffs of attempting to defend themselves against a claim for unpaid federal taxes and the anticipated cost of paying that tax liability. To this, the Oregon Supreme Court concluded the legislature intended the phrase “negligent injury to person or property” in ORS 12.115(1) to include negligence claims seeking to recover for the kind of injury to economic interests that plaintiffs have alleged. View "Marshall v. PricewaterhouseCoopers, LLP" on Justia Law