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Case Law Library



 
Case Name: Jones v. 414 Equities LLC 10/28/2008
Summary: Jones v 414 Equities LLC NY Slip Op 08197 Decided on October 28, 2008 Appellate Division, First Department McGuire, J. /05 [*1]Clarence Jones, Plaintiff-Appellant, v Equities LLC, et al. , Defendants-Respondents. Plaintiff worked as a demolition laborer on a renovation project at a five-story apartment building owned by defendant 414 Equities LLC. Plaintiff did not "hear anything or see anything" before the floor collapsed except for the loud cracking noise. The owner answered the complaint in April 2005, and commenced a third-party action against plaintiff's employer in September 2005.
Note: In light of the brevity of the delay, the absence of prejudice to plaintiff and the public policy favoring the resolution of disputes on their merits, Supreme Court properly granted the general contractor's cross motion to serve a late answer.
Citation: 100477/05
WCC Citation: WCC 34442008 CA
 
 
Case Name: Jones v. California Department of Corrections and Rehabilitation 07/03/2007
Summary: COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA KIM C. JONES, Plaintiff and Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION et al. , Defendants and Respondents. Jones was displeased and went to retake it; however, McMinn blocked her and refused to move out of her way. That day Jones reported pain in her neck and right wrist and shoulder, for which she received medical care at Donovan. In January and September, 2004, Jones filed complaints with the Department of Fair Employment and Housing (DFEH) against Donovan and several employees. Moreover, Jones did not present any evidence to refute Respondents' claims their complained-of employment actions were made for legitimate, nondiscriminatory reasons.
Note: For conduct committed within the scope of employment, employees, like their employers, should not be held subject to suit. There are, however, statutory exceptions to coemployee immunity. A civil suit is permissible when an employee proximately causes another employee's injury or death by a 'willful and unprovoked physical act of aggression.'
Citation: 152 Cal. App. 4th 1367
WCC Citation: WCC 32332007 CA
 
 
Case Name: Jones v. Newton 06/02/2010
Summary: MARY JONES, Plaintiff and Appellant, v. PETER NEWTON, Defendant and Respondent. Mary Jones, in pro. Plaintiff Mary Jones appeals from a trial court order sustaining a demurrer without leave to amend her third amended complaint against defendant Peter Newton, M. D. She was referred to Newton "for further treatment" by her employer's third party worker's compensation administrator. But, as best as can be determined from plaintiff's rambling and inflammatory allegations, defendant failed to treat her properly.
Note: Given the trial court's generosity in granting plaintiff several opportunities to file a proper pleading, and plaintiff's failure to demonstrate that the defects in her third amended complaint could be cured, we readily conclude that the trial court properly sustained defendant's demurrer without leave to amend.
Citation: B217472
WCC Citation: WCC 36332010 CA
 
 
Case Name: Jones v. Opfer 11/23/2010
Summary: SAM JONES, Plaintiff and Appellant, v. RALPH OPFER et al. , Defendants and Respondents. Plaintiff Sam Jones appeals from a judgment of dismissal for failure to bring to trial within five years (Code Civ. Proc. , §§ 583. 310, 583. 360) his complaint for personal injuries against defendants Ralph Opfer, individually and doing business as Ralph Opfer Flooring. Plaintiff asserts he is appealing from the dismissal with respect to all named defendants: R&R Flooring, Ralph Opfer and Randy Opfer. However, the notice of appeal states only an appeal from the judgment "in favor of Defendants Ralph Opfer, Ralph Opfer dba Ralph Opfer Flooring. "
Note: The 3rd District Court of Appeal rejected an injured worker's attempt to blame the Sacramento County Superior Court for failing to bring a personal injury suit against an employer to trial within five years.
Citation: C062312
WCC Citation: WCC 36862010 CA
 
 
Case Name: Jones v. Regents 04/22/2010
Summary: Filed 4/22/10 Jones v. Regents CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8. 1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8. 1115(b). IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT MARY JONES, Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, Defendant and Respondent. Mary Jones, in pro. * * * * * * * Plaintiff, Mary Jones, appeals from the judgment on jury verdict in favor of defendant, the Regents of the University of California, in an action for employment discrimination and retaliation. This division rejected this contention on plaintiffs prior appeal, Jones v. Regents of University of California (2008) 164 Cal. App. 4th 1072, 1077.
Note: A trial court correctly struck an operating nurse's claims from her complaint because they were compensable under the workers' compensation system, and not the Fair Employment and Housing Act.
Citation: B215244
WCC Citation: WCC 36152010 CA
 
 
Case Name: Jones v. Sedgwick Claims Management 08/06/2009
Summary: IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE MARY JONES, Plaintiff and Appellant, v. SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. et al. , Defendant and Respondent. INTRODUCTION Plaintiff and appellant Mary Jones (Jones or plaintiff) filed a complaint alleging ten separate causes of action against defendant and respondent Sedgwick Claims Management Services, Inc. (Sedgwick) and its predecessor in interest, Octagon Risk Services, Inc. (Octagon) (collectively defendant), third party administrators of workers' compensation benefits for the Regents of the University of California (Regents). Jones alleged she was injured during her nursing duties for the employer the University of California at Los Angeles. Jones alleges that the actions by Octagon and Sedgwick caused her physical, mental and financial injury. ; intentional and negligent infliction of emotional distress; and violation of her right to privacy by demanding certain records and in connection with investigating her claims.
Note: [Unpublished] The California Workers' Compensation system preempts a private cause of action by an injured worker against the independent claims administrator of her self-insured employer for the delay or refusal to pay compensation benefits.
Citation: B212160
WCC Citation: WCC 35512009 CA
 
 
Case Name: Jones v. Target Stores 10/26/1998
Summary: Louis Jones, Applicant v. Target Stores, Constitution State Services, Defendants W. C. A. B. No. PAS 0040032 WCJ George C. Rothwell (PAS); WCAB Panel: Commissioners Gannon, Moore, Heath CCC 1385 October 26, 1998 DISPOSITION: Petition for Reconsideration granted. The facts disclose that applicant Louis Jones, a stocker born March 15, 1998, sustained an admitted industrial injury to his low back, left foot and left leg on December 16, 1995. Applicant subsequently selected Dr. Lucero of the Integrative Industrial and Family Practice Medical Clinic (II) as his free-choice primary treating physician. Dr. Lucero ordered PT for applicant, and referred him to the therapists employed by II, his own employer. For the foregoing reasons, IT IS ORDERED that defendant employer's Petition for Reconsideration filed August 26, 1998 is GRANTED.
Note: No financial interest found if dr.'s pay not dependent on referrals; Lien not reimbursable if no pre-authorization.
Citation: 63 CCC 1385 (Bd. Panel Decision)
WCC Citation: WCC 3791998 CA
 
 
Case Name: Jones v. Ukiah Timber Products 09/15/1997
Summary: WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA DAVID JONES, Applicant, VS. UKIAH TIMBER PRODUCTS; GOLDEN EAGLE INSURANCE COMPANY, Defendants. Case No. SRO 76675 OPINION AND DECISION AFTER RECONSIDERATION (EN BANC)Applicant, David Jones, suffered an injury to his left knee on September 21, 1993, while working as a truck driver for Ukiah Timber Products, then insured by Golden Eagle Insurance Company. Applicant filed a Petition for Reconsideration asserting that he should have been awarded a penalty equal to 10 percent of all medical benefits. On February 6, 1997, the Appeals Board granted reconsideration in order to allow sufficient opportunity to study the factual and legal issues. In Gallamore, supra, the Court's disposition included remanding the case for a determination as to whether travel expenses had been unreasonably delayed.
Note: Penalty for unreasonable delay in reimbursing medical transportation expense applied to full amount of medical treatment expenses.
Citation: 62 CCC 1257
WCC Citation: WCC 29021997 CA
 
 
Case Name: Jones v. WCAB 09/20/1971
Summary: HANNAH M. JONES, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION et al. , Respondents (Opinion by Devine, P. J. , with Rattigan and Christian, JJ. , concurring. )She is the widow of Richard E. Jones, who received fatal injuries while he was acting as picket captain during a strike of respondent Oil, Chemical and Atomic Workers International Union Local 1-5 against Phillips Petroleum Company. The captains supervise the picket lines to see that those assigned to duty are present and that they are properly relieved. 'After a strike has continued for 21 days, striking pickets are eligible for interest free loans of up to $40. 00 a week. Respondents' emphasis on the fact that Jones was not on the payroll is not impressive, because of the authorities last cited.
Note: Deceased picket was doing what union required at time of death.
Citation: 20 Cal.App.3d 124, 36 CCC 563
WCC Citation: WCC 25871971 CA
 
 
Case Name: Jones v. Winter 03/09/2011
Summary: JONES v. WINTER MARY JONES, Plaintiff and Appellant, v. SUSAN WINTER et al. , Defendants and Respondents. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS ASHMANN-GERST, J. Mary Jones (Jones) sued respondents Susan Winter (Winter) and Howard Industries, Inc. (Howard) and sought millions of dollars in damages for personal injury arising out of a motor vehicle accident. Jones sued Winter and her employer, Howard, for negligence and claimed that the motor vehicle accident exacerbated injuries from her trip and fall and caused new injuries. When Jones called her expert, Dr. Greenfield, and referred to the two MRIs, counsel for Winter and Howard objected. But Winter and Howard conceded negligence, and Jones does not argue that there was insufficient evidence of causation or damages.
Note: The 2nd District Court of Appeal affirmed a decision awarding a self-represented worker $7,595 in a personal injury suit stemming from an auto accident.
Citation: B218717
WCC Citation: WCC 37242011 CA
 
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