LAWATYOURFINGERTIPS | Putting the LAWATYOURFINGERTIPS

Time 2020-12-25 17:04:25

Web Name: LAWATYOURFINGERTIPS | Putting the LAWATYOURFINGERTIPS

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If you enjoy our CASENOTES, purchase our Thumbprint Guides for a more in-depth legal analysis of specific areas of the law:Thumbprint GuidesA sub print of LAWATYOURFINGERTIPSThumbprint guides are area specific guides by James G. Randall, Esq. Short, concise, and to the point, Thumbprint guides provide all of the necessary information and forms successful litigators need thus keeping the LAWATYOURFINGERTIPS.Thumbprint guides may be purchased in the following formats: Print. Coming soon in Protected PDF and E-Book (Formatted for electronic readers, such as the Amazon Kindle, Nook, and Apple iOS Devices).NEW! LAWATYOURFINGERTIPS – THUMBPRINT GUIDE ON NEGLIGENT SECURITYNEW! LAWATYOURFINGERTIPS – THUMBPRINT GUIDE ON ASSUMPTION OF RISK SPORTS, RECREATION, AND OCCUPATIONNEW! LAWATYOURFINGERTIPS – THUMBPRINT GUIDE ON PREMISES LIABILITYLAWATYOURFINGERTIPS – THUMBPRINT GUIDE ON MOTIONS IN LIMINELAWATYOURFINGERTIPS – THUMBPRINT GUIDE ON ADMISSION OF MEDICAL BILLINGLAWATYOURFINGERTIPS – THUMBPRINT GUIDE ON AUTOMOBILESLAWATYOURFINGERTIPS – THUMBPRINT GUIDE ON TRIALS_______________________________The following CASENOTES are on various topics and areas of possible legal matters. Each CASENOTE can be downloaded and saved while viewing via your iPhone or iPad by clicking on the link and selecting open in iBooks (Or any other PDF application you may have installed on your mobile device). For more information on applications or if your device can read PDF files please consult your mobile device manufacturer. Documents here are saved in the PDF document format.These newsletters are authored by James Grafton Randall, Esq. For informational purposes only:November 2020:CASENOTE: Court allows owners of dogs to recover emotional distress damages for mixing of dog remains in the cremation of the dogs based on theories of third party beneficiaries of a contract, trespass to chattels and negligence. CASENOTE: JURY VERDICT FOR DEFENDANT REVERSED. IMMUNITY UNDER CC 846 FOR RECREATIONAL ACTIVITY DOES NOT BAR ACTION FOR MINOR INJURED RIDING MOTORCYCLE ON DEFENDANTS’ PROPERTY. MINOR WAS INVITED TO PROPERTY.October 2020:CASENOTE: CONCERT PROMOTER MAY BE LIABLE WHEN ATTENDEE VOLUNTARILY CONSUMED DRUGS THAT RESULTED IN HER DEATHAugust 2020:CASENOTE: SUDDEN EMERGENCY DOCTRINECASENOTE: California Supreme Court rules that an intentional tortfeasor is [not] entitled to a reduction or apportionment of noneconomic damages under section 1431.2, subdivision (a). [Proposition 51].June 2020:CASENOTE:A live pet animal sold in its unaltered state is not a product subject to the design defect consumer expectations theory of strict products liabilityCASENOTE: COSTS MAY BE RECOVERED FOR EXHIBITS PREPARED FOR TRIAL BUT NOT USEDCASENOTE: THE CLAIM OF THE FAMILY OF EMPLOYEE OF AN INDEPENDENT CONTRACTOR IS BARRED BY PRIVETTEMay 2020:CASENOTE: OPERATOR OF WATER PARK IS A COMMON CARRIER AND ASSUMPTION OF RISK DOES NOT APPLY. FURTHER, PROVIDING A WATER SLIDE IS NOT A SERVICE, THUS PRODUCTS LIABILITY APPLIESCASENOTE: Does a company’s name and logo appearing on an invoice constitute hearsayCASENOTE: LYFT not liable if driver not in course and scope of transporting passengers pursuant to LYFT agreementMARCH 2020:CASENOTE: The question posed in this appeal is whether a father who providesfinancial support for his adult son may be held liable forthedeath of his son s girlfriend byoverdose on methamphetamine allegedly purchased or supplied by theadultson.FEBURARY 2020:CASENOTE: PROTECTIVE NETTING AND PERCEIVED DANGER ZONESCASENOTE: PRIVETTE MITIGATION CASENOTE: CAR JUMPS CURB OTHER INCIDENTS JULY 2019:CASENOTE: CASENOTES JUDGMENT AGAINST DEFENDANT REVERSED BASED ON ERRONEOUS NEGLIGENCE PER SE INSTRUCTIONSCASENOTE:TRIAL COURT ERRED IN NOT AWARDING COSTS FOR DENIAL OF RFA’S IN UM MOTORIST ARBITRATION PROCEEDING CASENOTE:COURT AFFIRMS MSJ IN FAVOR OF SHOPPING CENTER IN THIRD PARTY ASSAULT CASE JUNE 2019:CASENOTE: The burden of showing “reasonable grounds” for denial of RFAS rests on the party seeking to avoid paying costs. The party denying an RFA “is not responsible for [the propounding party’s] costs if it shows it ‘had reasonable ground to believe [it] would prevail on the matter.’CASENOTE: PARTY (DEFENDANT) SEEKING TO REDUCE FUTURE DAMAGES TO PRESENT VALUE OR PARTY (PLAINTIFF) SEEKING AN UPWARD ADJUSTMENT OF FUTURE DAMAGES TO ACCOUNT FOR INFLATION BEARS THE BURDEN OF PROVING AN APPROPRIATE METHOD FOR DOING SO. DAMAGES MAY NOT BE ADJUSTED WITHOUT EVIDENCE OF SUCH METHODCASENOTE: APPELLATE COURT VACATES $1 MILLION DEFAULT JUDGMENT WITH EXCELLENT DISCUSSION OF CIVILITY AND PROFESSIONALISM EXPECTED OF ATTORNEYSAUGUST 2018:CASENOTE: DUTY OF GOLF COURSE OPERATORS TO MAINTAIN THEIR PROPERTY IN A REASONABLE SAFE CONDITION INCLUDES A DUTY TO EXERCISE REASONABLE CARE TO PROTECT PATRONS FROM NESTS OF YELLOW JACKETSJUNE 2018:CASENOTE: COURT AFFIRMS MSJ IN FAVOR OF SKI RESORT WHEN SKIIER COLLIDES WITH SKI REMOVAL MACHINE CASENOTE: APPELLATE COURT AFFIRMS MSJ FOR STORE IN CASE WHERE PLAINTIFF SUSTAINED INJURIES IN “SLIP AND FALL” STATING FLOOR WAS “SLIPPERY” BUT NEITHER SHE OR ANYONE ELSE SAW ANYTHING ON THE FLOOR AFTER HER FALL. COURT REJECTED AVRIT S OPINIONS AS SPECULATION CASENOTE: PREMISES OWED DUTY TO WARN PATRONS OF POSSIBILITY OF BLACK WIDOW SPIDERS AND WHETHER CONDUCT WAS REASONABLE IS A JURY ISSUE

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