Important Recent California Case Law
Wednesday, January 29, 2014 | 0
NEW! Estrada v. Kaiser Foundation Hospital, B247912, (01/24/2014): The 2nd District Court of Appeal ruled that an employee's claims that her employer had directed her care provider to misdiagnose her – however poorly articulated and improbable – could not be dismissed on demurrer.
NEW! Renswick v. Tapanes et al., B248055, (01/21/2014): The California 2nd District Court of Appeal revived an elementary school teacher's lawsuit against the Los Angeles Unified School District because the trial court did not address her allegations that the district had failed to accommodate her disability and engage in the interactive process, as required by the Fair Employment and Housing Act.
NEW! Kaabinejadian v. Rabobank, E056481, (01/14/2014): The 4th District Court of Appeal revived a worker's claims for discrimination, wrongful termination and breach of contract against his former employer, finding his claims were not time-barred because the statute of limitations had been tolled while his workers' compensation claim was pending.
Cornerstone Development Partners v. Superior Court of Riverside County, et al., E057726, (12/31/13): California's Privette Doctrine barred an injured subcontractor from suing a general contractor for his work-related injuries, the 4th District Court of Appeal concluded.
Lopez v. Stone Brewing Co., D062431, (12/24/2013): The California 4th District Court of Appeal is giving a worker who suffered from a rash, which may have been a reaction to chemicals in his workplace, a second chance to prove his disability discrimination, retaliation and wrongful termination claims against his former employer.
City of Sacramento v. WCAB (Cannon), C072944, (12/26/13): The California 3rd District Court of Appeal ruled that a worker's condition does not need to be "complex" or "extraordinary" for a medical evaluator to rate it by analogy to another impairment, if this will yield the most accurate rating. Published on 1/15/2014.
Hedren v. Allen, D061186, (12/16/13): A California appellate court upheld a $1.4 million jury verdict against a veteran Santa Barbara attorney who mishandled a personal injury action based on a sound stage mishap in which famed Hollywood actress Tippi Hedren was soaked by water that had been accumulating in the ceiling of the building.
Fengier v. Fredericka Manor Care Center, D062723, (12/17/2013): A property owner had no legal duty to provide the employee of an independent contractor with a work area free from obstructions when the employee came to the property, the 4th District Court of Appeal ruled.
South Coast Framing v. WCAB, D063945, (12/09/2013): A California appellate court annulled an award of workers' compensation benefits to the family of a carpenter who died from an accidental drug overdose.
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