 | Weekly Opinion Summaries
Injury & Tort Law |  | | May 23-27, 2011 FindLaw.com Weekly Injury & Tort Law Newsletter | | You may forward this e-mail in its entirety.
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Injury & Tort Law United States First Circuit, 05/23/2011
Ramos v. Flynn, No. 09-2179
In a Section 1983 action alleging a violation of the Due Process Clause for reckless indifference to his medical needs if plaintiff-detainee, judgment of the district court dismissing action is affirmed where: 1) plaintiff failed to exhaust the House of Correction’s grievance procedure for raising his complaints before filing action, and 2) the facts failed to show any action or failure to act by defendant going beyond negligence or malpractice to the point of deliberate indifference to substantial risk of serious harm to health. Read more... United States First Circuit, 05/25/2011
Crispin-Taveras v. Municipality of Carolina, No. 09-2625, 09-2626
In a civil rights action against defendants arising from the arrest and detention of plaintiff during a baseball game, judgment of the district court and order defaulting defendants for discovery violations are affirmed over defendants' challenges on the grounds of: 1) improper default sanction; 2) admission of psychological treatment evidence; 3) jury instructions; and 4) sufficiency of service of process. Read more... California Court of Appeal, 05/24/2011
Mealy v. B-Mobile, Inc., No. B226243
In a tort action arising from a fall of plaintiff's wife from a hoist manufactured by defendant, judgment of trial court in favor of defendant is affirmed in part and vacated in part where the evidence adduced at trial supports a finding that plaintiff suffered a compensable loss of consortium, even though plaintiff's action for negligent infliction of emotional distress fails. Read more...
California Court of Appeal, 05/26/2011
Puerta v. Torres, No. G043745
In an injury and tort action arising from an automobile accident, judgment of the trial court is affirmed in part and reversed in part where: 1) court improperly awarded defendant costs, under Code of Civil Procedure sections 998 and 1033.5, since defendant's offer failed to comply with the statute, which requires the offer to include a provision that allows the accepting party to indicate acceptance of the offer by signing a statement that the offer is accepted; but 2) plaintiff's evidentiary and procedural challenges are without merit. Read more... California Court of Appeal, 05/26/2011
DiCampli-Mintz v. Santa Clara County, No. H034160
In a dispute arising from an action for medical negligence, summary judgment in favor of defendant on the basis of a delivery of a notice of claim defect is reversed, because the delivery of a pre-suit government claim to a department of the target entity charged with defending or managing claims against that entity may constitute substantial compliance with the claims requirement, so long as the purposes of the act are satisfied and no prejudice is suffered by the defendant. Read more...
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