Justia California Court of Appeals Opinion Summaries

Matthew Gee, a former University of Southern California (USC) football player, died in 2018 at age 49. The coroner attributed his death to the combined toxic effects of alcohol and cocaine, along with other health issues. His widow, Alana Gee, donated his brain to Boston University’s CTE Center, where it was determined he had Stage II Chronic Traumatic Encephalopathy (CTE). Alana Gee filed a wrongful death lawsuit against the National Collegiate Athletic Association (NCAA), alleging that CTE was a substantial factor in her husband's death and that the NCAA negligently failed to take reasonable steps to reduce his risk of contracting CTE.The Superior Court of Los Angeles County ruled in favor of the NCAA, finding that the assumption of risk doctrine applied. The jury concluded that the NCAA did not unreasonably increase the risks to Matthew Gee over and above those inherent in college football, nor did it unreasonably fail to take measures that would have minimized the risks without altering the essential nature of the sport. Alana Gee appealed the judgment, arguing that the trial court erred in applying the assumption of risk doctrine and in refusing her proposed jury instruction on the liability of an unincorporated association for the acts of its members.The Court of Appeal of the State of California, Second Appellate District, affirmed the lower court's judgment. The court held that the assumption of risk doctrine applied because repeated head hits are an inherent risk of college football. The court also found that any instructional error regarding the NCAA’s responsibility for the actions or inactions of its members was harmless. The court concluded that the NCAA did not have a duty to mitigate the inherent risks of the sport and that the failure to take additional safety measures did not increase those inherent risks. View "Gee v. National Collegiate Athletic Assocation" on Justia Law

Mark Stokes was severely injured in the parking lot of Levi’s Stadium after a San Francisco 49ers game on October 7, 2018, when he was punched twice by David Gonzales following an altercation involving a kicked bottle. Stokes sustained a brain injury and later died in March 2021. Gonzales pleaded no contest to assault and was sentenced to one year in county jail. Stokes and his wife initially filed a complaint against Forty Niners Stadium Management Co., LLC, and Landmark Event Staffing Services, Inc., alleging negligence, premises liability, and loss of consortium. After Stokes’s death, his wife, on behalf of their children, continued the lawsuit.The trial court granted summary judgment in favor of both defendants, concluding that there were no triable issues of fact regarding the breach of duty or causation. The court found that the plaintiffs could not establish that the defendants’ actions or inactions were a substantial factor in causing Stokes’s injuries.On appeal, the California Court of Appeal, Sixth Appellate District, affirmed the trial court’s decision. The appellate court held that the plaintiffs failed to present substantial, nonspeculative evidence that the defendants’ alleged negligence was a substantial factor in causing Stokes’s injuries. The court emphasized that the incident occurred suddenly and quickly, making it speculative to assert that increased security measures would have prevented the assault. The court also found that the expert opinions provided by the plaintiffs were speculative and did not establish a causal connection between the defendants’ actions and the injury. Thus, the judgments in favor of the defendants were affirmed. View "Stokes v. Forty Niners Stadium Management Co., LLC" on Justia Law

Sentinel Energy Center, LLC owns a power plant in North Palm Springs and hired DGC Operations, LLC (OPS) to manage and operate the plant. In 2017, during annual maintenance, five OPS employees failed to follow the new depressurization protocol for the fuel filter skid, leading to an explosion that killed Daniel Collins. Collins's family sued Diamond Generating Corporation (DGC), which has a 50% indirect ownership in Sentinel and is the parent company of OPS, claiming DGC's negligence in safety oversight led to Collins's death.The Superior Court of Riverside County denied DGC's request to instruct the jury on the Privette doctrine, which generally shields a hirer from liability for injuries to an independent contractor's employees. The jury found DGC 97% at fault and awarded the plaintiffs over $150 million. DGC's motions for nonsuit and judgment notwithstanding the verdict, based on the Privette doctrine, were also denied.The Court of Appeal of the State of California, Fourth Appellate District, Division Three, reviewed the case. The court declined to grant judgment notwithstanding the verdict to DGC, citing unresolved factual questions about whether DGC retained control over the plant and negligently exercised that control. However, the court found that the trial court erred in not instructing the jury on the Privette doctrine and its exceptions, which could have led to a more favorable outcome for DGC. Consequently, the appellate court reversed the judgment and remanded the case for a new trial with instructions to include the Privette doctrine and its exceptions. View "Collins v. Diamond Generating Corp." on Justia Law

A three-year-old child, Charlie L., was brought to the emergency department at PIH Health Hospital-Whittier with abdominal pain. The emergency department physician ordered "stat" X-ray and ultrasound images, which were remotely reviewed by Dr. Peyman Kangavari, an on-call radiologist. Dr. Kangavari reported that the images showed no bowel obstruction. The child was discharged but returned to the hospital shortly after with severe symptoms, leading to multiple surgeries and long-term health issues.In the Superior Court of Los Angeles County, Charlie L., through his mother, filed a negligence action against Dr. Kangavari, alleging medical malpractice for failing to diagnose the bowel obstruction. Dr. Kangavari moved for summary judgment, supported by an expert declaration from Dr. John Lieu, asserting adherence to the standard of care. Charlie L. opposed the motion with an expert declaration from Dr. Ravi Srinivasa. The trial court ruled that Health and Safety Code section 1799.110 applied, requiring stricter qualifications for expert witnesses in emergency medical cases. The court found Dr. Lieu qualified but Dr. Srinivasa not, and granted summary judgment for Dr. Kangavari.The California Court of Appeal, Second Appellate District, reviewed the case. The court held that section 1799.110’s stricter qualifications for expert witnesses apply to on-call radiologists providing emergency medical services. The court found that neither Dr. Lieu nor Dr. Srinivasa met the qualifications required under section 1799.110. Consequently, the court reversed the summary judgment for Dr. Kangavari and remanded the case for further proceedings. View "Charlie L. v. Kangavari" on Justia Law

In 2019, Steven Watts, an automotive repair shop owner, was diagnosed with mesothelioma, a cancer caused by asbestos exposure. He and his wife, Cindy Watts, filed a lawsuit against 28 defendants, later adding eight more. By the time of trial, only one defendant, Pneumo Abex, LLC (Abex), a brake linings manufacturer, remained. The jury awarded the plaintiffs $2,943,653 in economic damages, $6.75 million in noneconomic damages, and $1 million for loss of consortium, attributing 60% fault to Abex, 25% to other brake manufacturers, and 15% to Watts.The trial court directed a verdict against Abex on its sophisticated user defense and made several rulings on the allocation of fault. Abex appealed, arguing for a new trial on all issues, particularly challenging the directed verdict on the sophisticated user defense and the allocation of fault.The California Court of Appeal, First Appellate District, Division Two, reviewed the case. The court found that the trial court erred in directing a verdict against Abex on the sophisticated user defense, as there was substantial evidence that Watts, as a trained mechanic and business owner, should have known about the dangers of asbestos. The court also found errors in the trial court's rulings on the allocation of fault, including the exclusion of joint compound manufacturers from the verdict form and the preclusion of Watts's interrogatory responses.The appellate court concluded that these errors warranted a new trial. The court reversed the September 15, 2022 judgment, the November 28, 2022 order, and the March 20, 2023 amended judgment, and remanded the case for a new trial. Abex was awarded its costs on appeal. View "Watts v. Pneumo Abex" on Justia Law

Eva Osborne, the plaintiff, sued Pleasanton Automotive Company, LOP Automotive Company LP, HAG Automotive Investments LP, and Bob Slap, alleging workplace misconduct by Slap during her four years as his executive assistant. The claims included discrimination, retaliation, harassment, failure to prevent harassment and retaliation, and wage and hour violations. Slap later filed a cross-complaint against Osborne, alleging libel, slander, intentional infliction of emotional distress, intentional interference with contractual relations, and negligence based on statements Osborne made in a letter to HAG’s HR director.The Alameda Superior Court granted Osborne’s special motion to strike Slap’s cross-complaint under the anti-SLAPP statute, concluding that her statements were protected activity and rejecting Slap’s arguments that they were extortionate and illegal. The court held that Slap could not establish minimal merit in his claims because Osborne’s statements were both absolutely and conditionally privileged under Civil Code section 47, and Slap failed to show malice to overcome the conditional privilege. Slap appealed the decision.The California Court of Appeal, First Appellate District, Division Two, applied de novo review and affirmed the trial court’s decision. The appellate court rejected Slap’s attempt to invoke an exception to the anti-SLAPP statute for activity that is illegal as a matter of law. The court concluded that the litigation privilege barred Slap’s claims, preventing him from meeting his burden under the second step of the anti-SLAPP analysis to show his claims had minimal merit. The court did not address Osborne’s alternative arguments regarding the conditional privilege, malice, or the prima facie showing on Slap’s claims. View "Osborne v. Pleasanton Automotive Co., LP" on Justia Law

Plaintiff Lorenza Maksimow slipped and fell on a patch of ice in a public parking lot in the City of South Lake Tahoe. She sued the City, alleging the ice patch was a dangerous condition of public property under Government Code sections 830 and 835. The City moved for summary judgment, which the trial court granted, entering judgment in favor of the City. Maksimow appealed, arguing there were triable issues of material fact regarding the City’s actual or constructive notice of the dangerous condition.The Superior Court of El Dorado County granted the City’s motion for summary judgment, finding that Maksimow failed to raise a genuine issue of material fact as to whether the City had actual or constructive knowledge of the alleged dangerous condition. The court sustained the City’s objections to certain evidence presented by Maksimow, including climatological data and expert testimony, and found no evidence that the City had actual or constructive notice of the ice patch.The Court of Appeal of the State of California, Third Appellate District, reviewed the case and affirmed the trial court’s judgment. The appellate court held that there was no triable issue of material fact regarding the City’s actual or constructive notice of the dangerous condition. The court found that while City employees may have had general knowledge of snowfall and the presence of the Mitsubishi, there was no evidence they had actual notice of the specific ice patch that caused Maksimow’s fall. Additionally, the court concluded that the evidence did not support an inference that the ice patch existed for a sufficient period of time to impute constructive notice to the City. The judgment in favor of the City was affirmed. View "Maksimow v. City of South Lake Tahoe" on Justia Law

The decedent, suffering from Parkinson’s disease, dysphagia, and dementia, was admitted to Elmcrest Care Center in February 2013. On August 4, 2017, he was found nonresponsive on the floor by Elmcrest staff, who administered CPR and called 911. He was transported to a hospital and passed away four days later. The Estate of Jose de Jesus Ortiz, represented by Ericka Ortiz, filed a civil action against Elmcrest and its staff, alleging elder abuse, neglect, negligence, willful misconduct, and fraud. The trial court compelled arbitration based on an agreement signed upon the decedent’s admission to Elmcrest.The arbitrator issued a First Interim Award on March 30, 2022, finding that the Estate did not meet its burden of proof on any of its claims. The award was labeled "interim" and allowed for further submissions by the parties to address any omitted issues. The Estate filed a request to amend the First Interim Award, arguing that damages for pre-death loss of dignity were not considered. The arbitrator issued a Second Interim Award on May 26, 2022, awarding $100,000 in damages for pre-death pain and suffering, and invited the Estate to file for attorney fees and costs.The trial court initially denied the Estate’s petition to vacate the First Interim Award, ruling it was not final. However, it later vacated the Final Award and confirmed the First Interim Award, reasoning that the First Interim Award had resolved all necessary issues. The Estate appealed.The California Court of Appeal reversed the trial court’s decision, holding that the First Interim Award was not final as it expressly reserved jurisdiction for further proceedings. The court concluded that the arbitrator did not exceed her authority in issuing the Final Award, which included the omitted decision on pre-death loss of dignity. The trial court was directed to enter a new order confirming the Final Award. View "Ortiz v. Elmcrest Care Center, LLC" on Justia Law

Plaintiff Grace Gonzalez slipped and fell on oranges in the common walkway of the Ontario Mills Shopping Center, owned by Ontario Mills Limited Partnership (OMLP) and maintained by Interstate Cleaning Corporation (ICC). Gonzalez and her granddaughters did not see the oranges before the fall, nor did they know how long the oranges had been there. An employee from a nearby store helped Gonzalez after the fall, and a security guard escorted her to a family car.Gonzalez filed a premises liability lawsuit against OMLP and ICC. The defendants moved for summary judgment, arguing they had no actual or constructive knowledge of the spilled oranges and could not have remedied the condition in time. They provided evidence of their rigorous training and maintenance regimens, including the use of an electronic tracking system called "Lighthouse" to monitor janitorial inspections. The trial court granted summary judgment, finding no triable issue of material fact regarding the defendants' lack of knowledge of the spill.The California Court of Appeal, Fourth Appellate District, Division Two, reviewed the case. The court affirmed the trial court's decision, holding that the defendants conducted reasonable and frequent inspections of the floors, including the area where Gonzalez fell. The court found that the eight- to nine-minute interval between the last inspection and the fall was insufficient to establish constructive knowledge of the dangerous condition. Therefore, the defendants could not be held liable for Gonzalez's injuries. The court also noted that Gonzalez did not challenge the trial court's evidentiary rulings on appeal, and thus, the excluded evidence could not be considered. View "Gonzalez v. Interstate Cleaning Corp." on Justia Law

Marites Murphy was involved in a head-on car collision in Petaluma in February 2020. Fire Department paramedics Jude Prokop and Shay Burke responded to the scene. Murphy repeatedly told the paramedics she was not injured and did not want medical assistance, even after being warned she might have a serious injury. The paramedics assessed her capacity to refuse treatment and left the scene. Hours later, Murphy suffered a debilitating stroke due to a hypertensive crisis triggered by the collision. She sued the City of Petaluma and the paramedics for medical negligence, alleging they failed to properly assess her condition and transport her to a hospital.The Sonoma County Superior Court granted summary judgment in favor of the defendants, ruling that the paramedics did not assume a duty of care to provide the medical assistance Murphy claimed was owed. The court found that the paramedics did not initiate medical care but merely offered it, which Murphy refused.The California Court of Appeal, First Appellate District, Division One, affirmed the lower court's decision. The appellate court held that the paramedics did not owe Murphy a duty to provide medical assistance under the negligent undertaking doctrine because she repeatedly refused such assistance. The court distinguished this case from others where first responders had undertaken to provide medical care. The court concluded that the paramedics' actions did not increase the risk of harm to Murphy and that they left her in the same condition as when they arrived. Therefore, the paramedics did not assume a duty to provide the level of medical care Murphy alleged was required. View "Murphy v. City of Petaluma" on Justia Law