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pedestrian-accident-injury-CaliforniaEmployers may be liable for the negligence of their employees when their employees injure others during the course and scope of their employment. Employers hold vicarious liability for the negligent acts of their employees while they are acting in the course and scope of their jobs. In Jay H. et al. v. John Keith Bullard, Waterfront Enterprises, Inc., dba Newport Landing Restaurant and Oyster Bar, et al., Orange County Superior Court Case No. 30-2014-00718428-CU-PA-CJC, the limits of the employer’s vicarious liability were explored.

Factual background

On March 6, 2014, at 7:30 p.m. the defendant, Jon Bullard, was headed home after finishing his shift at the restaurant that he managed. He was the manager of the Newport Landing Restaurant and Oyster Bar, which was owned by Waterfront Enterprises. When he reached the intersection of Thalia Drive and the Pacific Coast Highway, Bullard pulled into the middle of the intersection in order to make a left turn. While he waited for the traffic heading in the opposite direction to clear, the traffic light turned yellow and then red. He proceeded with his left turn and struck some pedestrians who were crossing the street in the crosswalk. Bullard pulled over and called 911. Both of the pedestrians had been knocked down by his truck. The plaintiffs had to go to the hospital by ambulance for treatment.

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Brain-Injury-Attorney-CaliforniaWhat are coup and contrecoup brain injuries? Head injuries can be some of the most devastating types of injuries that people might suffer in California. Traumatic events that injure the head may cause coup and contrecoup brain injuries. These types of injuries may cause lifelong disability or lead to death. If you or your loved one has suffered a coup or contrecoup brain injury because of the negligent or wrongful acts of other people or entities, you might want to seek help from an experienced brain injury lawyer in Los Angeles.

Overview of a Coup and Contrecoup Brain Injury

Blows to the head may cause brain contusions, which are bruises to the brain. A coup brain injury happens on the side of the head that was hit while a contrecoup injury occurs to the brain on the opposite side of the impact. These injuries often happen together when a forceful blow causes the brain to collide into the skull, causing a traumatic brain injury. Contrecoup injuries may happen in motor vehicle accidents sometimes result in diffuse axonal traumatic brain injury, leading to permanent disabilities.

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work-accident-fatality-lawyer-CaliforniaWorkplace deaths from industrial accidents is on the Rise in the U.S. according to recent studies.  Most Californians do not go to their jobs with the idea that they could be injured or killed at their workplaces. Unfortunately, many people suffer serious injuries or fatalities while they are working on the job each year. Recent data shows that the number of workplace fatalities across industry sectors sharply increased from 2015 to 2016. If you have lost your loved one in a workplace accident, it is important that you speak to an experienced Los Angeles personal injury attorney for help.

Workplace fatality statistics

According to the Census of 2016 Fatal Occupational Injuries Report that was released by the U.S. Bureau of Labor Statistics, 5,190 people were killed while they were working on the job during the year. The number of fatalities increased by 7 percent over the number of workers who were killed in 2015. The fatality rate increased from 3.4 deaths per 100,000 workers to 3.6 deaths per 100,000 workers.

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riding-motorcycle-nightIn California, property owners have a duty to warn patrons of unsafe conditions that exist on their properties. If there is a hazardous condition that exists that the property owners are aware of, they also must repair the condition so that visitors remain safe. In a recent case that was decided in the Los Angeles County Superior Court, Case No. SC112366, these duties that are owed were illustrated. People who have suffered serious injuries because of the negligence of property owners might want to talk to an experienced premises liability lawyer in Los Angeles.

Factual background of the case

On March 6, 2011, a tourist from Oklahoma named Terry Turner ate at Geoffrey’s restaurant, which is located in Malibu. After he finished eating, he tried to turn left onto PCH. PCH is a one-way road in front of Geoffrey’s that has a median to divide traffic that is headed in the opposite direction. When Turner turned left, he was headed directly into oncoming traffic. A 41-year-old man named Joseph Annocki Jr. was riding his motorcycle on PCH. He tried to avoid Turner’s vehicle, lost control of his motorcycle and fell off of it. He was killed as a result. Turner’s parents filed a wrongful death lawsuit against Turner, Caltrans and Petersen Enterprises LLC, the parent company of Geoffrey’s Malibu under theories of negligence and premises liability.

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batting-cage-accidentProperty owners and operators in California owe duties of care to protect people who are legally present on their properties from dangerous conditions. Property owners must either know about the existence of the hazardous condition or should know about it for liability to attach. They must take steps to correct hazards about which they know or should have known and to warn visitors to their property about their existence. In Lefebvre v. NC Valley Baseball, LLC, Stanislaus County Superior Court No. 2019247, the court considered the concepts of notice and of assumption of the risk in a case involving a man who was injured at a batting cage by a baseball.

Factual background of the case

Craig Lefebvre was a 23-year-old coach for a team from NC Valley Baseball, LLC. On Jan. 21, 2016, Lefebvre was getting ready to leave the batting cage location in Modesto when he was stopped by a parent to talk. As Lefebvre stopped on the walkway between two of the batting areas, a foul ball flew through the protective netting and struck him in the groin.

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Property owners owe a duty of care to people who are lawfully present on their premises to prevent injuries from existing hazards by correcting them if they know or should know about the dangers. This duty does not extend to public streets that abut the properties, however. In a recent case, the California Supreme Court examined whether or not a property owner who owned a parking lot across the street from the primary property owed a duty of care to help people to cross the street in order to prevent injuries.

Issue: Whether a property owner owes a duty of care to invitees to prevent injury when they cross over a public street from a privately owned parking lot to the owner’s premises

Grace Family Church is located in Sacramento County in an unincorporated area along a five-lane street named Marconi Street. There was an intersection that was located between 50 to 100 feet east of the church that did not have a marked crosswalk. There were not any other crosswalks across the street in the vicinity. The church used a private swim school’s parking lot as an overflow lot by agreement with the swim school.

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school-bus-accident-injuryA tragic case in San Bernardino County that involved a six-year-old girl who was struck by a car while crossing the street to catch her school bus demonstrates several things. Isabella Escamilla Sanchez, a minor, by and through her guardian ad litem, Carina Sanchez v. County of San Bernardino, a public entity; City of Highland, a public entity; et al., San Bernardino Superior Court, case no. 1309504, shows that accepted practices are not necessarily safe. The case also demonstrates how notice can affect the outcome of litigation and the vicarious liability that employers have when their employees’ negligence result in injuries to others.

Factual background

On Oct. 3, 2012, Isabella Escamilla Sanchez, a six-year-old, attempted to catch her school bus by crossing the street at midblock. She was struck by an oncoming Subaru Impreza and suffered numerous injuries, including a traumatic brain injury that left her with lifelong disabilities requiring round-the-clock nursing care. Her family filed a lawsuit against the Durham School Services because the drivers failed to report mid-street crossings by children in violation of their own policies.

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In California, employees of host businesses may be able to file lawsuits against negligent third parties such as subcontractors or vendors who cause them injury while they are working. Third-party injury lawsuits may be filed even when the property owner is not at fault if the third parties create dangerous conditions at the location. In Cynthia Forgays v. Jorge Vivo, Los Angeles Superior Court Case No. BC549455, a server at a restaurant, was able to recover full damages from a negligent videographer who set up his equipment in a negligent manner at the restaurant where she worked.

Factual background of the case

Cynthia Forgays, a 59-year-old server, had worked at Spago restaurant in Beverly Hills for more than 12 years. While she worked there, her normal income was more than $50,000 per year. On Oct. 24, 2013, the restaurant was hosting a charity dinner and auction, and Forgays was working at the event as a server. There were monitors and televisions placed throughout the restaurant for the event by outside vendors. An audio consultant named Jorge Vivo set up video tripods that supported speakers for the event.

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bouncer-assault-lawsuits-CaliforniaIn California, bar owners may be liable to pay damages if their security personnel assault their patrons in some situations. Even in cases in which the patrons were partly to blame, the patrons may still be able to recover damages that are reduced by the percentage of fault that they had for what happened. In Shawn Dearing v. Cabo Cantina, et al., the potential for liability of bar owners was demonstrated.

Factual background of the case

Shawn Dearing was a 28-year-old man who was waiting outside of the Cabo Cantina for his friends to leave at 2 a.m. Dearing was leaning up against a rail that separated the bar’s property from the sidewalk. A security guard who was employed by the Cabo Cantina told Dearing to stop leaning on the rail, and an argument ensued. The security guard then walked off of the bar’s property and onto the sidewalk with Dearing following him. The security guard’s supervisor came outside but did not de-escalate the situation. Dearing slapped away the security guard’s hand, prompting the security guard to hit him in the temporal region of his skull. The force of the blow caused skull fractures, and he sustained an additional fracture in the occipital region that was caused by his head striking the sidewalk. He filed a lawsuit against Cabo Cantina, its management company, and the security guard company, which supplied the security guards for the bar.

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Tesla-Auto-Pilot-DeathIs Tesla autopilot killing people?  That’s what the National Transportation Safety Board wants to know.   A fatal accident involving a Tesla Model S vehicle that happened in Florida should serve as a cautionary tale to drivers in California who are considering purchasing self-driving cars. The accident, which happened in May 2016, was recently blamed on a flaw in the vehicle’s operational design system by the National Transportation Safety Board. People who are injured in accidents that are caused by defects in the design or the equipment may be able to recover damages by filing personal injury lawsuits based on claims of products liability against the vehicle manufacturers.

Factual background of the accident

On May 7, 2016, Joshua Brown, a 40-year-old man from Ohio, was driving his Tesla Model S in Williston, Florida. Brown put the vehicle in its autopilot mode, which can control the vehicle while it is driving on highways. While it was in autopilot mode, the vehicle failed to detect a large commercial truck that was crossing the roadway. The vehicle attempted to drive underneath the truck, shearing off its top and killing Brown. Before his death, Brown had been a noted Tesla enthusiast and had posted a viral video online of his car avoiding another accident while it was in autopilot mode. Tesla reacted to the accident by stating it was the first known death that had happened when one of its vehicles was being driven in autopilot mode.

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