Intentional Torts

false imprisonment

Although most personal injury cases originate from accidents of one kind or another, a much smaller class of personal injury cases are “intentional torts.” Intentional torts are torts that occur when an individual intends to cause harm to another person. If someone intends to do harm to another person, the victim can bring both a
Read More…

Court Bumps Plaintiff’s Amusement Park Lawsuit in Nalwa v. Cedar Fair LP


On December 31, 2012 the California Supreme Court issued a ruling that could affect thousands of recreational activities taking place in the State of California.

In the case of Nalwa v. Cedar Fair, the plaintiff, who had fractured her wrist on a bumper car ride at an amusement park, sued the park owner for negligence in the operation of the bumper car ride. While the trial court threw her case out on summary judgment, a divided Court of Appeal had reinstated her claim, causing the intervention of the Supreme Court.
Read More…

Defendant Strikes Out In Mediation Baseball Arbitration


Yesterday, the California Court of Appeal affirmed a judgment after a mediator awarded $5,000,000 to a plaintiff after both parties attempted to resolve the alleged defamation dispute in a mediation / baseball arbitration.  Not familiar with this type of alternative dispute resolution? Let’s start off by discussing what mediation /baseball arbitration is and then we’ll
Read More…

Caveat Lector: Read Before You Play


It’s a simple task, but how often do people read their entire gym membership agreement before they sign their name on the dotted line and head to the gym? My guess is that people rarely bother to read such agreements due to a variety of reasons that include a lack of interest, lack of time,
Read More…

Injured Plaintiff Denied by Jury Due to Defense Expert


  Yesterday, the California Court of Appeal released an opinion (O’Brien v. Razouk) that affirmed a defense verdict for a case involving a motor vehicle accident. The plaintiff has appealed to the higher court for two main reasons. First, they contended that the trial court incorrectly allowed expert testimony by the defendant’s accident reconstruction expert
Read More…

School District Found Vicariously Liable For Counselor’s Conduct with Minor

Yesterday, the California Supreme Court decided C.A. v William S. Hart Union School District involving the issue of vicarious liability. The Court was presented with the issue of whether or not William S. Hart Union High School District could be found vicariously liable for the alleged negligent supervision of the counselor. The Court found that
Read More…