California Case Summaries

Personal Injury & Tort

Secondary practice area

2nd District Court of Appeal, Civil Procedure, Litigation, Personal Injury & Tort

Matthews v. Ryan — Section 998 Settlement Offer Conditioned on Insurer Consent Was Valid; Trial Court Must Reconsider Prejudgment Interest

Second District holds a personal-injury plaintiff's pretrial settlement offer conditioned on the defendant's insurer's consent was a valid Code of Civil Procedure section 998 offer, because insurer consent is a necessary condition of any insured-defendant settlement whether stated or not.

1st District Court of Appeal, Administrative Law, Litigation, Personal Injury & Tort

Vallejo City Unified School District v. Superior Court — School District Statutorily Immune for Off-Campus Student Suicide, but Not for On-Campus Pre-Death Harm

First District grants writ relief in part, holding the school district is immune under Education Code section 44808 for the death damages tied to a student's off-campus suicide during winter break, but allowing the parents' survival claim for on-campus harm to proceed.

2nd District Court of Appeal, Litigation, Personal Injury & Tort

Hu v. XPO Logistics, LLC — Freight Broker Owes No Duty of Care to Carrier’s Employee Injured in Truck Crash

Second District affirms summary judgment for freight broker XPO Logistics in a personal-injury suit by an injured trucker employed by the carrier XPO had hired, holding the broker did not actually exercise control over the transportation and thus owed no duty of care to the carrier's employee.

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