Appellate Attorneys

Court of Appeal reversed a defense verdict, holding that the trial court erroneously instructed the jury as to the justifiable excuse doctrine in an action where the Plaintiff motorist was injured when a mattress flew off the defendant's truck while traveling on a freeway.
Trial Counsel: Effres & Associates

In an action for negligence and premises liability, the trial court erred in giving the jury an assumption of risk instruction, and the jury's subsequent finding for defendant on this defense, which barred all liability, compelled reversal and remand for a new trial.
Trial Counsel: Lederer & Nojima

Court of Appeal reversed judgment of dismissal on demurrer, holding that where an employer directs employees to present themselves for work by telephoning the store two hours prior to the start of a shift, then wage order's reporting time requirement is triggered by the telephonic contact.
Trial Counsel: The Miller Firm

In an action for negligence and premises liability, summary judgment was reversed after a finding that the hotel had duty to exercise reasonable care in relation to black widow spiders posing risk to patrons, and hotel failed to demonstrate no affirmative action was required pursuant to this duty.

In reversing an award of statutory fees, the Court found that a defendant is eligible for this award pursuant to section 340.1, subdivision (q) only where the litigation has resulted in a "favorable conclusion" and that a "favorable conclusion" requires a result reflective of the merits of the litigation, rather than the result of a mere procedural defect.
Trial Counsel: Manly Stewart & Finaldi

In an action for dangerous condition of public property, the Court reversed summary judgment after finding that trail immunity did not apply to a negligently maintained eucalyptus tree, even if plaintiff was on a trail at the time she was injured, and in addition outstanding questions of material fact further precluded summary judgment of her claim.
Trial Counsel: Balaban & Spielberger; Greene, Broillet & Wheeler

In a FEHA action brought by injured LAPD recruits who were injured during training, the Court largely affirmed the verdict in their favor, holding that the City's obligation to assign temporarily injured recruit officers light-duty administrative assignments was not unreasonable as a matter of law in light of the City's past policy and practice.
Trial Counsel: McNicholas & McNicholas

The Court of Appeal granted a petition for writ of mandate, agreeing that the trial court erred as a matter of law in accepting a postappeal peremptory challenge, because the defendant had not secured the reversal of a final judgment under CCP section 170.6(a)(2).
Trial Counsel: Greene Broillet & Wheeler

The Court of Appeal affirmed a multi-million dollar award for negligence and premises liability claims, rejecting the defendant's argument that the plaintiff-employee's claims were barred under the Privette doctrine.
Trial Counsel: Thon Beck Vanni Callahan & Powell

Upholding a multi-million dollar award to patron raped by club employee in a unisex bathroom, the Court affirmed that the club owed patrons a duty to secure unisex restroom with a security guard while open, and club's failure to do so was a cause of patron's rape.
Trial Counsel: Taylor & Ring

The Supreme Court reversed summary judgment, holding that the county sheriff's department had a mandatory duty under the Child Abuse and Neglect Reporting Act (Penal Code, section 11166(k)) to cross-report to child welfare agency of initial 911 emergency phone call in which nonmandated reporter noted possible abuse of child.
Trial Counsel: The Keane Law Firm

Patient and patient's wife brought action against manufacturers of prescription drug for strict liability failure to warn, negligent failure to warn, negligent misrepresentation, fraudulent concealment, and loss of consortium and following trial, the court struck patient's expert witness's testimony and granted manufacturers' motion for judgment notwithstanding the verdict; Court of Appeal reversed finding that the expert testimony as to causation was not so speculative as to be inadmissible.
Trial Counsel: The Miller Firm

After collegiate athletic association's motion to seal certain documents was denied and documents were conditionally sealed pending appellate review in former university assistant football coach's lawsuit against association for breach of contract damages, defamation, and other torts, stemming from association's investigation into whether former player on coach's team had received improper benefits while he was a student at university, association moved to seal portion of appellate record that had been conditionally sealed; the appellate court denied the motion association's motion.
Trial Counsel: Greene, Broillet & Wheeler

Confirming that the MICRA $250,000 cap applies only to judgments awarding noneconomic damages, and thus does not limit recovery of noneconomic losses through settlements, the Supreme Court reversed the court of appeal's decision and concluded: "Only noneconomic damages awarded in court are actually capped," and there is no bar to a plaintiff recovering more than $250,000 against all health care providers by way of settlement.
Trial Counsel: Balaban & Speilberger

In an action concerning students who were sexually molested by their second grade teacher, the court of appeal affirmed jury's verdict in favor of the students, finding sufficient evidence to support a finding that the school district was equitably estopped from claiming that the parents failed to timely file a government tort claim.
Trial Counsel: Taylor & Ring

Where deceased motorist's minor daughter brought a negligence action against county after motorist, who was standing near his car following accident on freeway, was struck and killed by county sheriff's patrol car, appellate court reversed jury's verdict noting that the introduction of evidence concerning the motorist's marijuana use was in error as there was no evidence that such use was a substantial factor in causing his injuries.
Trial Counsel: Greene, Broillet & Wheeler

In an action brought by a deceased smoker's son against cigarette manufacturer for wrongful death, the appellate court affirmed the jury's verdict awarding son $12.8 million in damages, finding that the smoker's prior personal injury recovery did not limit son's loss of consortium damages to the value of smoker's consortium in his "pre-death diminished condition."
Trial Counsel: Law Offices of Michael J. Piuze

Where a deceased patient's family members brought action against physician and others for medical negligence, appellate court affirmed award of expert fees and prejudgment interest under cost-shifting offer of judgment statute.
Trial counsel: Thon Beck Vanni Callahan & Powell

Supreme Court held that the common law release rule -- under which a plaintiff's settlement with and release from liability of one joint tortfeasor also releases from liability all other joint tortfeasors -- is no longer the law in California. When one tortfeasor's settlement has been determined by the trial court not to have been made in good faith, the nonsettling joint tortfeasors remain jointly and severally liable, the amount paid in settlement is credited against any damages awarded against the nonsettling tortfeasors, and the nonsettling tortfeasors are entitled to contribution from the settling tortfeasor for amounts paid in excess of their equitable shares of liability.
Trial Counsel: The Phan Law Group, LKP Global Law

Supreme Court reversed court of appeal and holds that a school district may be vicariously liable for its employees' negligence in the hiring, supervising and retention of a guidance counselor who sexually abused a student.
Trial Counsel: Manly & Stewart

After jury found defendants liable for injuries sustained by plaintiff after an elevator accident, the jury apportioned 52% of fault to plaintiff's non-party treating physician. The Court of Appeal reversed and ordered a new trial. The Court held that even though the doctor was a non-party, the defendants still had the burden to prove medical negligence which they had failed to do.
Trial Counsel: Girardi & Keese

Appellate court reversed summary judgment for gas station franchisee finding that prior Texas summary judgment did not bar the action as res judicata and the franchisee's prior recovery of compensatory damages subject to offset did not negate damages element of fraud.

In an action alleging that a dermatologist "negligently and carelessly examined, cared for, followed up on, and treated" plaintiff, the Court of Appeal held that a prior order granting summary adjudication of the plaintiff's medical malpractice claim did not preclude the plaintiff from proceeding with her claim of negligence based on the failure to maintain a laser machine that malfunctioned during the treatment.

Court of Appeal reversed trial court's finding that plaintiff's complaint for fraud, misrepresentation and deceptive trade practices (Bus & Prof. Code s. 17200) in connection with "vanishing premium" life insurance policy was time barred, concluding that the limitations period applicable to such claims begins to run only when the aggrieved party discovers the facts constituting the fraud.
Trial Counsel: Gianelli & Morris and Agnew & Brusavich

In products liability action against a vehicle manufacturer where first trial ended in a hung jury, Court of Appeal reversed trial court's order precluding plaintiff from pursuing a different theory of liability in the second trial. Court held that a new trial order after a mistrial places the parties in the same position as if they had never tried the case; the parties have the right to introduce additional or new evidence not introduced at the earlier trial.
Trial Counsel: Coben & Associates, Law Offices of Michael S. Fields, Inc. and Law Offices of Nate G. Kraut

Court of Appeal affirmed trial court's order refusing to compel arbitration; no equitable basis to estop investors from asserting rights in court against nonsignatory accountants and lawyers because investors did not use operating agreement with investment advisor, containing arbitration clause, to hold defendants liable.
Trial Counsel: Greene, Broillet & Wheeler and Eagan, O'Malley & Avenatti