Personal Injury & Tort

Secondary practice area

Chang v. Southern California Permanente Medical Group — Going and Coming Rule Bars Vicarious Liability for Employee’s Commute Even Where Employee Sometimes Worked from Home

/ April 28, 2026

Second District affirms summary judgment for medical group under the going and coming rule in case where employee struck a bicyclist while turning into a parking lot during her morning commute, holding that the employee’s permission to work from home on certain days did not convert her home into a second worksite for purposes of the day in question.

Construction Law, Personal Injury & Tort

Cordero v. Ghilotti Construction — Privette Doctrine Bars Subcontractor Worker’s Claim Against Turnkey Contractor for Slip-and-Fall Despite Cal-OSHA Regulation

/ April 10, 2026

First District affirms summary judgment for turnkey contractor under the Privette doctrine in suit by injured rebar subcontractor employee, holding that morning site preparation including dewatering does not constitute affirmative contribution under Hooker and that Cal-OSHA regulations are generally delegable through subcontracts.

Litigation, Personal Injury & Tort

Pagan v. City of San Rafael — Open and Obvious Roadway Conditions Defeat Dangerous Condition Claim

/ April 1, 2026

First District affirms summary judgment for City of San Rafael in dangerous condition case where teenage driver hydroplaned on wet curve, holding the conditions were open and obvious as a matter of law and that plaintiff could not defeat summary judgment by raising new pavement-defect theories outside the pleadings.

Litigation, Personal Injury & Tort

Harcourt v. Tesla — Consumer Expectations Test Cannot Be Used to Prove Defect in Complex Vehicle Safety System

/ April 1, 2026

Sixth District affirms nonsuit for Tesla in case where toddler started Model X and ran over his pregnant mother, holding that the consumer expectations test does not apply to complex modern vehicle safety systems and the plaintiff failed to identify any specific design feature that violated ordinary consumer expectations.

Healthcare Law, Personal Injury & Tort

Sobalvarro v. Vibra Health Care — Hospital can be negligent for not offering paralyzed patient choice of female nursing assistant; expert testimony not required for causation

/ March 27, 2026

First District reverses JNOV and reinstates a $1 million negligence verdict against Kentfield Hospital for failing to offer a paralyzed stroke patient the choice of a female nursing assistant for intimate care.

Litigation, Personal Injury & Tort

Yan v. City of Diamond Bar — Prior branch falls from same species of street tree are admissible to show city’s notice of dangerous condition

/ March 11, 2026

Second District holds that evidence of prior branch failures from same-species street trees in the same neighborhood is admissible to prove a city’s notice of a dangerous condition under Government Code section 835.

Litigation, Personal Injury & Tort

LAOSD Asbestos Cases (Chapman v. Avon Products) — $51 million asbestos verdict against Avon affirmed; appellant’s failure to recite all evidence forfeits sufficiency challenge

/ March 4, 2026

Second District affirms a $51 million asbestos-talc verdict against Avon Products and holds that Avon’s appellate brief forfeited its sufficiency-of-the-evidence challenge by failing to fairly summarize the trial evidence.

Litigation, Personal Injury & Tort

Fisher v. Fisher — Wrongful-Death Verdict Affirmed Where Brothers’ False Police Report Caused Recovering-Alcoholic Brother’s Fatal Relapse

/ February 26, 2026

Fourth District affirms a $9.4 million wrongful-death judgment against two brothers who falsely reported their deceased mother missing to police, triggering a phone call to a recovering-alcoholic brother whose resulting relapse caused his death.

Litigation, Personal Injury & Tort

Nichols v. Alghannam — Late-Added Pain-Pump Doctor Could Not Be Sued After Statute of Limitations; No Elder-Abuse Conduct Pleaded

/ February 18, 2026

Third District affirms dismissal of malpractice and elder-abuse claims against a pain-management doctor added years after the patient’s overdose death, holding the negligence claims were time-barred and the complaint did not allege elder-abuse-level conduct.

Litigation, Personal Injury & Tort

Tavares v. Zipcar — Remote Rental-Car Company Owes No Duty to Inquire Whether App-Based Renter Is Impaired at Time of Rental

/ January 30, 2026

Third District affirms summary judgment for Zipcar in a serious personal-injury case, holding that a remote, app-based rental car company has no duty to inquire whether a member appears impaired at the time of rental.