Justia Injury Law Opinion Summaries

Petitioner State of California (the “State”) is a defendant in an action in which Plaintiffs sought damages for wrongful death and personal injuries suffered in an automobile collision. The superior court ordered the State to produce unredacted accident reports revealing identifying information of the parties and witnesses involved in accidents that occurred in the same area.   The Second Appellate Division denied the State’s petition for a writ of mandate and required the State to reveal the information the Plaintiffs/real parties in interest seek. Petitioner argued the superior court abused its discretion when it ruled that personally identifiable information was not protected under section 20014 of the Vehicle Code. Plaintiffs contended that under section 20012 they have a proper interest in the disclosure of unredacted police reports. The court reasoned that Plaintiffs have shown the accidents are similar in nature and the evidence of the reported accidents “either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” Thus, this evidence illustrated that Plaintiffs are persons with a “proper interest” in obtaining the unredacted accident reports they seek. View "State of Cal. v. Super. Ct." on Justia Law

The Court of Appeals reversed the judgment of the trial court awarding damages in favor of Plaintiff alleging that a commercial talcum powder that his deceased wife used daily for a period of more than ten years during the 1960s and early 1970s proximately caused his wife's illness, holding that Plaintiff's proof of causation was insufficient as a matter of law.In 2016, the decedent passed away. Plaintiff, her husband, sued Defendant, alleging that Defendant supplied another company with talc contaminated with asbestos that was then used in a commercial talcum powder. After a trial, the jury returned a verdict in Plaintiff's favor. The appellate division modified the judgment in connection with the damages awarded but otherwise affirmed. The Court of Appeals reversed, holding that Plaintiff's proof failed as a matter of law to meet the test for proving causation in toxic tort cases. View "Nemeth v. Brenntag North America" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the trial court in this case arising from allegations of sexual harassment brought by the complainant, a judicial marshal who was employed by the Connecticut Judicial Branch, holding that remand was required.A human rights referee with the Commission on Human Rights and Opportunities concluded that the the allegations were substantiated and awarded the complainant back pay, emotional distress damages, injunctive relief, and attorney's fees. The trial court reversed in part, concluding that the award of emotional distress damages must be vacated due to the complainant's failure to comply with discovery requests and that the injunction reinstating the complainant to her former workplace must be vacated as overbroad. The Supreme Court affirmed in part and reversed in part, holding that the trial court (1) properly concluded that emotional distress damages and attorney's fees were available remedies; but (2) erred in upholding the referee's determination that the state waived its sovereign immunity with respect to prejudgment and post judgment interest awards for civil rights violations. View "Connecticut Judicial Branch v. Gilbert" on Justia Law

While shopping at the Carmel Mountain Ranch location of Costco in San Diego, plaintiff Lilyan Hassaine slipped and fell on a slippery substance that she believed was liquid soap. Claiming serious injuries from the fall, she sued Costco and Club Demonstration Services (CDS), an independent contractor that operated food sample tables within the store. The trial court granted a motion for summary judgment filed by CDS, concluding that the company owed Hassaine no duty of care. In the court’s view, it was dispositive that CDS’s contract with Costco limited its maintenance obligations to a 12-foot perimeter around each sample table, and that Hassaine’s fall occurred outside that boundary. The Court of Appeal reversed, finding the trial court erred in concluding CDS’s contract with Costco delineated the scope of its duty of care to business invitees under general principles of tort law. Businesses have a common law duty of ordinary care to their customers that extends to every area of the store in which they are likely to shop. "While the CDS-Costco agreement may allocate responsibility and liability as a matter of contract between those parties, it does not limit the scope of CDS’s common law duty to customers. ... Breach and causation present triable factual issues here, precluding summary judgment on those grounds." View "Hassaine v. Club Demonstration Services, Inc." on Justia Law

In this interlocutory appeal, the Supreme Court affirmed the opinion of the court of appeals affirming the judgment of the district court denying Defendants' motions for dismissal and summary judgment, holding that there was no error.Plaintiff brought this action alleging that Father M.J., a priest, and the Roman Catholic Archdiocese of Kansas City alleging various torts based on sexual abuse from M.J. when Plaintiff was a child. Defendants filed motions for dismissal and summary judgment, arguing that Plaintiff's claims were time barred. The district court denied the motions, and the court of appeals affirmed. The Supreme Court affirmed, holding that disputed questions of material fact remained. View "Doe v. M.J." on Justia Law

In this case involving a claim for wrongful imprisonment compensation under the Tim Cole Act, Tex. Civ. Proc. & Rem. Code 103.001-.154, the Supreme Court denied G.S.'s request for mandamus relief, holding that G.S. did not satisfy the Act's requirements.G.S. pleaded guilty to indecency with a child but was later granted habeas relief based on ineffective assistance of counsel. After it was discovered that G.S.'s alleged victim had fabricated the accusations and G.S. arrest and conviction were expunged, G.S. applied for wrongful imprisonment compensation under the Act. The Texas Comptroller of Public Accounts denied the application. G.S. subsequently filed his petition for writ of mandamus. The Supreme Court denied the writ, holding that G.S. did not establish his actual innocence as required by the Act, and therefore, he failed to prove his entitled to compensation under the Act. View "In re G.S." on Justia Law

The Supreme Court held that a party who does not receive notice of an interlocutory order denying arbitration under the Federal Arbitration Act in time to appeal because of the trial court clerk's error may seek review by mandamus.Plaintiff sued her employer alleging negligence. Defendant moved to compel arbitration based on its mandatory arbitration policy. The trial court denied the motion to compel, ruling that the policy was unconscionable. The court of appeals remanded the case, after which Defendant filed a supplemental motion to compel arbitration. The trial court denied the motion, but the clerk failed to give Defendant notice of the order. Defendant finally received notice of the order five months after it issued. The Supreme Court issued a writ of mandamus and directed the trial court promptly to issue an order compelling arbitration of Plaintiff's claims, holding (1) the clerk's failure to give notice of the trial court's order deprived Defendant of an adequate appellate remedy; and (2) the arbitration agreement was not illusory. View "In re Whataburger Restaurants LLC" on Justia Law

In this wrongful death and survival action brought against an automobile insurer, the Supreme Court reversed the judgment of the court of appeals reversing the trial court's judgment in favor of the insurer as to Plaintiff's negligence and gross negligence claims, holding that the court of appeals erred.An insured motorist was involved in a single car accident. The motorist's husband later arrived and began taking photos, but while he was engaged in that activity on the side of the road, he was struck by another vehicle and killed. Plaintiff, the motorist, brought this action alleging that the insurer had instructed her to take the photos and that her husband was complying with that instruction when the other driver hit him. Thus, Plaintiff argued, the insurer proximately caused her husband's death. The trial court granted summary judgment for the insurer on the negligence and gross negligence claims. The court of appeals reversed. The Supreme Court reversed, holding that Defendant did not have a duty to exercise reasonable care in providing post-accident guidance so as not to increase the risk of harm to its insured. View "Elephant Insurance Co., LLC v. Kenyon" on Justia Law

The Supreme Court reversed the judgment of the court of appeals affirming the trial court's judgment for Plaintiff, a cardiovascular surgeon who sued Defendant, a hospital and Plaintiff's former employer, for engaging in a retaliatory "whisper campaign" against him, holding that the lower courts erred.After leaving the employment of Defendant for a new rival, Plaintiff brought this complaint alleging that Defendant used faulty data on his patients' mortality rates to suppress competition and injure his reputation and practice. The jury rejected Plaintiff's anticompetition claims but concluded that the hospital had defamed him and disparaged his professional association. The trial court granted summary judgment for Plaintiff, and the court of appeals affirmed. At issue on appeal was how a reasonable juror would interpret the charge that was given for the defamation and business disparagement claims. The Supreme Court held (1) the plain text of the charge must be given its commonsense meaning in the context of the case; and (2) the trial court erred in awarding Plaintiff damages for defamation and business disparagement. View "Memorial Hermann Health System v. Gomez" on Justia Law

The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Christopher Gillis and dismissing the claim brought by Lori and Robert Bogue that, as a result of negligence during a surgical procedure, Lori suffered injuries, holding that there was no error.The district court granted summary judgment in favor of Gillis on statute of limitations grounds, thus rejecting the Bogues' argument that under the continuous treatment doctrine the statute of limitations did not begin to run until the conclusion of Gillis' treatment of Lori approximately one year after the date of the surgery. The Supreme Court affirmed, holding that the district court did not err in concluding that the statute of limitations began to run on the date of the surgery. View "Bogue v. Gills" on Justia Law