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Vehicle Owners and Employers Have Affirmative Duty to Ensure Their Drivers Are Licensed, California Court of Appeals Holds

On August 6, 2021, a California Court of Appeal held that an employer and a vehicle owner were liable under theories of negligent hiring and negligent entrustment, respectively, when each failed to conduct a reasonable...more

Not Even Amazon Can Avoid Being In the Chain of Distribution Under California Strict Products Liability Law

In August of 2020, a California Court of Appeal held that Amazon was subject to strict products liability for each and every product sold on its website. (See Bolger v. Amazon.com LLC (2020), 53 Cal.App.5th 431. You can read...more

California Court of Appeal Vacates $30M Non-Economic Damages Award Due to Failure to Properly Apportion Liability and Attorney...

On January 20, 2021, the California Court of Appeal, Second District, Division Six (Ventura), in Plascencia v. Deese (B299142), vacated a $30 million non-economic damages award in a highway fatality case because: (1) the...more

Design Defect’s “Consumer Expectations” Test; When Is It Unavailable?

In Verrazono v. Gehl Company, et al., 50 Cal.App 5th 636, Plaintiff Gary Verrazono (“Plaintiff”) sued Defendant Gehl Company (“Defendant”) for negligence and strict product liability based on design defects of Defendant’s...more

Amazon Subject to Strict Products Liability in California

In Bolger v. Amazon.com LLC (No. D075738, filed 8/13/2020), Plaintiff Angela Bolger (“Plaintiff”) sued Amazon.com LLC (“Amazon”) for strict liability arising out of injuries she sustained from a replacement laptop battery...more

Are Plaintiffs Permitted to Recover Damages for Shortening Life Expectancy?

In Johnson v. Monsanto Company (No. A155940, A156706, filed 7/20/2020), Plaintiff Dewayne Johnson (“Plaintiff”) sued Monsanto Company (“Monsanto”) when he was diagnosed with cancer which he alleged was the result of his use...more

Privette: The “Affirmative Contribution” Exception, How Far Does It Go?

In Horne v. Ahern Rentals, Inc. (No. B299605, filed 6/10/2020 ord. publ. 6/10/2020), Plaintiffs filed a wrongful death action against Defendant Ahern Rentals, Inc. (“Ahern”) arising out of the fatal incident involving Ruben...more

Tractor-Trailer Driving into Gore Point was not the Proximate Cause of the Accident

In Stephen Taulbee v. EJ Distribution Corp., the Court of Appeals found that the trial court did not err when it declined to instruct the jury that defendant could also be found negligent per se for driving into the gore...more

Court of Appeal Holds Truck Driver Not Liable for Unforeseen Roadrage under the Sudden Emergency Doctrine

The sudden emergency doctrine, also known as the imminent peril doctrine, provides a complete defense when a non-negligent actor is presented with a sudden and unexpected emergency. For the doctrine to apply, the defendant...more

Evidence of Industry Custom May Be Relevant and Admissible in a Strict Products Liability Action Depending on the Nature and...

In Kim v. Toyota Motor Corp., 2016 No. B247672, the California Court of Appeal, Second District, held that a jury could consider evidence of industry custom to determine whether a product was defective under the risk-benefit...more

The California Air Resources Board Expands the Burden on Motor Carriers to Verify if Hired Fleets Comply with Air Quality...

A broker, motor carrier, contractor, public agency, dispatcher, or developer (collectively “Operator”) that operates, or directs the operation, of any vehicle subject to the California Air Resources Board’s (“ARB”) California...more

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