Justia California Court of Appeals Opinion Summaries

Escobar was an employee of O’Donnell, a sub-subcontractor of Bayside, which was a subcontractor of Oltmans, the general contractor on a Menlo Park construction project. Escobar sued Oltmans and the property owner, alleging that Oltmans negligently cut and left unsecured a skylight opening in the building under construction, through which Escobar fell while installing scaffolding that O’Donnell was erecting for Bayside. Oltmans filed a cross-complaint against the subcontractors, alleging a right to contractual indemnity and breach of Bayside’s contractual obligation to provide certificates of insurance certifying that Oltmans was covered as an additional insured under liability policies the subcontractors were obligated to obtain. The subcontract provided indemnity to Oltmans for injury claims arising out of the scope of the subcontractor’s work “except to the extent the claims arise out of, pertain to, or relate to the active negligence or willful misconduct” of Oltmans. Reversing the trial court, the court of appeal ruled in favor of Oltmans. Under such a provision the general contractor is precluded from recovering indemnity for liability incurred as a result of its own active negligence but may be indemnified for the portion of liability attributable to the fault of others. The court noted the same question arises as to the meaning of Civil Code section 2782.05, which renders unenforceable an indemnity provision “to the extent the claims arise out of, pertain to, or relate to the active negligence or willful misconduct of that general contractor.” View "Oltmans Construction Co. v. Bayside Interiors, Inc." on Justia Law

In this writ proceeding, Daniel Ramirez sought review of his independent medical review (pursuant to his workers' compensation claim) on the ground the underlying utilization review was based on an incorrect standard. In effect, he sought review of his utilization review with this the Court of Appeal. The Court concluded this was not a proper ground for appeal of a utilization review determination because "it goes to the heart of the determination of medical necessity. The independent medical reviewer is in the best position to determine whether the proper standard was used to evaluate the medical necessity of the requested treatment, and the statutory scheme requires the independent medical reviewer to use the proper standard in determining medical necessity." Ramirez made no claim that the independent medical reviewer did not use the proper statutory standard, nor did he state a proper ground for review of his independent medical review, which was appealable only for the nonsubstantive reasons. Ramirez also challenged the constitutionality of the independent medical review process, claiming it violated the state Constitution’s separation of powers clause, and state and federal principles of procedural due process. The Court concluded that the Legislature’s plenary power over the workers’ compensation system precluded any separation of powers violation, and the process afforded workers under the system afforded sufficient opportunity to present evidence and be heard. View "Ramirez v. WCAB" on Justia Law

Romo was a volunteer firefighter for Marinwood from 1989-1991 and for the San Antonio Volunteer Fire District, 2002-2006. Beginning in 2006, he was employed full time as a paid Mill Valley firefighter. While working for Mill Valley, Romo was diagnosed with prostate cancer. The Workers’ Compensation Appeals Board (WCAB) held that Romo was entitled to the benefit of the rebuttable presumption under Labor Code section 3212.11 that his cancer arose out of his employment. While Mill Valley and San Antonio stipulated that the statutory presumption that cancer suffered while employed as a firefighter arises out of the employment would apply to them if the elements set forth in section 3212.1 were proven, Marinwood appealed. The court of appeal affirmed. “While neither of the statutes at issue is a model of clarity, the WCAB’s interpretations of both are reasonable.” The court noted that Marinwood’s fire captain and training officer considers the volunteer firefighters to be employees and that Romo was within 120 months of the “last date actually worked in the specified capacity.” View "Marin Community Services v. Workers' Compensation Appeals Board" on Justia Law

Plaintiff Muhammad Iqbal appealed the grant of summary judgment entered against his complaint for personal injuries. In 2011, plaintiff sued Yosemite Auto Sales, Inc. (Yosemite Auto), its owner Eyad Kaid, and Alla Abuziadeh, individually and doing business as Jimmy’s Tow (collectively, the former defendants), for personal injuries. He alleged Yosemite Auto retained him to determine why a vehicle it owned would not start. Unknown to plaintiff, Abuziadeh earlier towed the vehicle to Yosemite Auto and disconnected the transmission shift linkage to do so. He allegedly did not reconnect the shift linkage after towing the car. The trial court ruled the complaint was barred by a general release plaintiff had previously executed that immunized “affiliates” of the defendants in the former case, and defendant Imran Ziadeh was such an affiliate. The Court of Appeal concluded as a matter of law defendant was not a protected “affiliate,” as that term was commonly understood, and reversed. View "Iqbal v. Ziadeh" on Justia Law

After a jury found that the mesothelioma contracted by James Lester Phillips was caused in part by exposure to asbestos contained in Bendix brakes, Honeywell challenged the $5.8 million awarded to Phillips's wife and surviving children. In the published portion of the opinion, the court rejected Honeywell's claims of evidentiary error, concluding that the trial court properly admitted a 1966 letter of a Bendix employee sarcastically addressing an article in Chemical Week magazine that stated asbestos had been accused, but not yet convicted, as a significant health hazard. The court reasoned that the letter was circumstantial evidence relevant to the issue of Bendix's awareness of asbestos's potential to cause cancer. The court noted that Illinois and Florida cases holding admission of this letter was prejudicial were distinguishable because they did not include a limiting instruction. The court also concluded that the trial court properly admitted the testimony of plaintiffs' expert about causation and the contributions to Phillips's risk of cancer from every identified exposure to asbestos that Phillips experienced. The court rejected Honeywell's remaining contentions in the unpublished portion of the opinion. Accordingly, the court affirmed the judgment. View "Phillips v. Honeywell International Inc." on Justia Law

John Jarman (later represented by his daughter, Janice Jarman, as successor in interest), sued HCR ManorCare, Inc., and Manor Care of Hemet, CA, LLC, (collectively, "Manor Care"), which owned and operated a nursing home facility in Hemet. Jarman was a patient at the facility for three months in 2008, and alleged claims for violations of patient’s rights pursuant to Health and Safety Code section 1430, elder abuse, and negligence, all arising out of the care he received at the nursing home. The jury returned a special verdict finding Manor Care committed 382 violations of Jarman’s rights, and that its conduct was negligent. The jury awarded Jarman statutory and damages caused by the negligence. The jury also made a finding that Manor Care had acted with malice, oppression or fraud. However, the trial court granted Manor Care’s oral motion to strike the punitive damage claim, agreeing with Manor Care that there was insufficient evidence to support the jury’s finding of malice, oppression or fraud. The trial court ultimately entered judgment against Manor Care in the amount of $195,500, and awarded Jarman $368,755 in attorney fees. Jarman appealed the portion of the judgment denying him punitive damages, arguing the trial court erred by striking the jury’s finding Manor Care acted with malice, oppression or fraud. The Court of Appeal agreed the court erred in that respect and reversed the punitive damages judgment by the trial court. For its part, Manor Care argued on appeal that: (1) the trial court erred by allowing the jury to award Jarman a separate measure of statutory damages under section 1430 for each of the 382 violations of his rights found by the jury; (2) the statutory damage award must be reversed in its entirety against HCR, because Jarman did not allege HCR engaged in conduct that violated his rights and because HCR was not a “licensee” subject to liability under section 1430; (3) the statutory damage award should have been reversed against both HCR and Hemet because the special verdict on the statutory claim made inconsistent references to each of them, and was thus insufficient to support a judgment against either; (4) the negligence verdict could not stand against HCR because the special verdict on negligence omitted any finding of causation against HCR specifically, and that it cannot stand against either HCR or Hemet because the damages awarded were inherently speculative; and (5) any reversal of the judgment which favors it will also necessitate a reversal and remand of the attorney fees award. Finding no reversible error with respect to Manor Care's arguments, the Court of Appeal affirmed the trial court's judgment. View "Jarman v. HCR ManorCare" on Justia Law

After Gary Lynn Shanks died in a head-on collision with another motorcycle on a state highway, the jury in the ensuing wrongful death action determined that the State and the operator of the motorcycle were at fault. Specifically, the jury found the State liable for a dangerous condition on the highway and awarded Shanks's family a total of $12,690,000 in damages. During deliberation, the court excused Juror 7 and seated an alternate. The court concluded that the record did not show as a "demonstrable reality" that Juror No. 7 failed to deliberate or was otherwise unable to perform her duty, and thus the trial court abused its discretion by discharging her. The court explained that the error was prejudicial in that the jury's apportionment of liability between the State and the other defendant was by a nine-to-three vote, and Juror No. 7 had expressed her inclination to vote for the State. Accordingly, the court remanded for retrial of the apportionment issue and affirmed in all other respects. View "Shanks v. DOT" on Justia Law

Johnson sued automotive parts manufacturers for injuries alleged to have been caused by secondary exposure to asbestos or asbestos-containing materials, claiming that he suffered exposure from asbestos contamination brought into his home by his father, a mechanic, and from asbestos released from the mechanical components during times he visited his father at work. The defendant manufacturers argued that Johnson did not have and could not obtain evidence that he or his father were exposed to asbestos from their products. The court of appeal affirmed summary judgment in favor of the defendants. Johnson had no personal knowledge that he or his father were exposed to asbestos from defendants’ products. The potential product identification witnesses named by Johnson either could not be located or had no knowledge that Johnson or his father were exposed to asbestos from defendants’ products. View "Johnson v. ArvinMeritor, Inc." on Justia Law

Haniff was employed as a delivery truck driver when he was injured in a motor vehicle accident while unloading packages from his parked truck on the Stanford campus. According to Haniff, an automobile owned by Kim and parked by Hohman, a Stanford University employee, rolled down a hill and struck Haniff. As a result of the accident, Haniff sustained multiple fractures of his right femur and pelvis and underwent surgery. He has not returned to work and filed a personal injury complaint naming Hohman, Kim, and Stanford University as defendants. During the course of discovery, defendants successfully sought an order compelling Haniff to undergo a vocational rehabilitation examination by their vocational expert. Haniff challenged the order by filing a petition for writ of mandate in the court of appeal, arguing that a defense vocational rehabilitation examination is not one of the six methods of civil discovery expressly authorized by Code Civ. Proc., 2016.010. The court of appeal agreed and vacated the order. Whether a defense vocational rehabilitation examination should be an available discovery method as a matter of fundamental fairness where the plaintiff seeks compensatory damages for wage loss and loss of earning capacity is better addressed to the Legislature. View "Haniff v. Superior Court" on Justia Law

Plaintiffs-appellants Gail Lynn (Mrs. Lynn), individually and as executor of the Estate of Brian Griffin Lynn (Mr. Lynn), and Randy Lynn, (son) appealed the grant of summary judgment entered in favor of defendant-respondent Tatitlek Support Services, Inc. (TSSI) in a wrongful death action. The sole question raised on appeal was whether TSSI’s temporary employee, Abdul Formoli, was acting within the scope of his employment when he caused an automobile accident killing Mr. Lynn and seriously injuring Mrs. Lynn. Plaintiffs argued the “going and coming” rule, precluding employer vicarious liability, did not apply because of the nature of Formoli’s employment preceding the accident. Because of the remoteness of the jobsite, Formoli’s employment required him to undertake a lengthy commute home, after working long hours, over three and a half days. Plaintiffs argued that under such circumstances there was a triable issue of material fact as to whether an exception to the “going and coming” rule applied. After review, the Court of Appeal concluded plaintiffs failed to present evidence supporting exceptions to the going and coming rule. Therefore, the Court affirmed the trial court's judgment. View "Lynn v. Tatitlek Support Services, Inc." on Justia Law