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Full-Text Articles in Law
Landlords And Torts, Roger Bernhardt
Landlords And Torts, Roger Bernhardt
Publications
This article reviews conflicting appellate court decisions where landlords were sued in tort under state statutes that all imposed the same general duty to take care of the property but failed to address what happens when personal injuries follow.
Landlord Tort Liability: White V Contreras, 2002, Roger Bernhardt
Landlord Tort Liability: White V Contreras, 2002, Roger Bernhardt
Publications
This article discusses a California case which held a landlord who covenants or undertakes to install a window screen—but fails to do so—may be liable to the tenant’s child who falls out the window.
Landlords’ Duties To Protect Tenants From Crime: Valencia V Michaud, 2000, Roger Bernhardt
Landlords’ Duties To Protect Tenants From Crime: Valencia V Michaud, 2000, Roger Bernhardt
Publications
This article discusses a California case which held that a landlord has a duty to take minimally burdensome steps to remove an unauthorized guest from an apartment building if his behavior poses a likelihood of violent crime on the premises.
Mcbride V. Atchison, T. & S. F. R. Co., Jesse W. Carter
Mcbride V. Atchison, T. & S. F. R. Co., Jesse W. Carter
Jesse Carter Opinions
Judgment of nonsuit was improper in action for damages for personal injuries sustained by passenger, who fell on steps while disembarking from train. It was jury question whether company's servant was guilty of breach of duty owed by common carrier.
Holm V. Superior Court Of San Francisco [Dissent], Jesse W. Carter
Holm V. Superior Court Of San Francisco [Dissent], Jesse W. Carter
Jesse Carter Opinions
A writ of prohibition directed at restraining the enforcement of a order of inspection was granted in part where certain documents ordered produced in a personal injury action were protected by the attorney-client privilege.
Talley V. Northern San Diego County Hospital Dist. [Dissent], Jesse W. Carter
Talley V. Northern San Diego County Hospital Dist. [Dissent], Jesse W. Carter
Jesse Carter Opinions
The governmental nature of a hospital district's activities as a public agency made it immune from liability in tort for a patient's personal injuries resulting from employee negligence when the patient suffered burns while under care for childbirth.
Hamasaki V. Flotho [Dissent], Jesse W. Carter
Hamasaki V. Flotho [Dissent], Jesse W. Carter
Jesse Carter Opinions
The trial court was not required to order a new trial on damage issues alone where damages awarded in a personal injury suit against a driver, the car's owner, and the driver's employer were so low that the jury had clearly compromised on liability.
Liberty Mut. Ins. Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Liberty Mut. Ins. Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Employee who was injured when he dove into stream located near employer's premises on his free time was not entitled to compensation award under California's Workmen's Compensation Act because his injuries were not incurred in course of employment.
Fireman's Fund Indem. Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Fireman's Fund Indem. Co. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
The commission improperly awarded the injured employee compensation because her injury occurred while walking as an off-duty diversion of her own free choice. There was no causal connection between the injury and the employment.
Leipert V. Honold [Dissent], Jesse W. Carter
Leipert V. Honold [Dissent], Jesse W. Carter
Jesse Carter Opinions
Partial new trial on damages was improperly ordered as issue of liability was very close and record evidence suggested that award was the result of a compromise, and thus, it would have been unjust to have a new trial limited to issue of damages.
Rose V. Melody Lane Of Wilshire [Dissent], Jesse W. Carter
Rose V. Melody Lane Of Wilshire [Dissent], Jesse W. Carter
Jesse Carter Opinions
Grant of a new trial in favor of a customer on issue of damages, in his action to recover for personal injuries sustained in the owner's establishment, was improper. The nominal award by the jury indicated indecision as to owner's res ipsa liability.
Sexton V. Brooks [Dissent], Jesse W. Carter
Sexton V. Brooks [Dissent], Jesse W. Carter
Jesse Carter Opinions
In plaintiff's action to recover damages for personal injuries sustained through a fall on a cement walk, the trial court erroneously instructed the jury on the applicable rules of law, therefore, judgment for plaintiff was improper.