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Injury & Tort Law

[08/14] Jacobs v. Coldwell Banker Residential Brokerage Company
Affirming the grant of summary judgment to the defendant in the case of a plaintiff who was injured when, while inspecting a home offered for sale, the diving board he was standing on collapsed and he fell into the property's empty pool, because although the plaintiff claimed that they were also arguing the existence of a dangerous condition this claim was never pled and even if it had been it would have failed because the accident was not reasonably foreseeable.

[08/10] Towery v. State of California
Affirming the determination, in the case of a man who caught valley fever while incarcerated in a state prison, that the State is immune from liability against a Bane Act cause of action because, subject to exceptions not relevant to the claim, a public entity is not liable for an injury to any prisoner.

[08/10] Parrish v. Watkins
Affirming the Court of Appeals determination that while a case's success after a hearing on the merits typically forecloses subsequent malicious prosecution claims; a case that survives a motion for summary judgment but is determined to have been brought in bad faith after trial does not foreclose malicious prosecution actions under the interim adverse judgment rule.

[08/10] Parrish v. Watkins
Affirming the Court of Appeals determination that while a case's success after a hearing on the merits typically forecloses subsequent malicious prosecution claims; a case that survives a motion for summary judgment but is determined to have been brought in bad faith after trial does not foreclose malicious prosecution actions under the interim adverse judgment rule.

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