 | Weekly Opinion Summaries
Injury & Tort Law |  | | May 30-June 03, 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, 06/02/2011
Mlodzinski v. Cormier, No. 10-1966, 10-1967
In a Section 1983 dispute alleging that defendants-police officers used excessive force against plaintiffs while executing search and arrest warrants, judgment of the district court denying defendants' motions for summary judgment and defense of qualified immunity is affirmed in part and reversed in part where there are material issues of disputed facts but officers, in light of Mena, are entitled to qualified immunity. Read more... United States Ninth Circuit, 06/02/2011
Jackson v. Tate, No. 10-35355
In an action involving a claim by the plaintiff that National Guard recruiters forged his signature on re-enlistment papers, judgment of the district court dismissing complaint for lack of subject matter jurisdiction is reversed because the Feres doctrine does not bar a discharged serviceman, who remains in the Individual Ready Reserve, from suing active duty National Guard recruiters and where the recruiters meet the prima facie test as federal employees under the Westfall Act. Read more... California Court of Appeal, 05/31/2011
Kimes v. Grosser, No. A128296
In an action for wrongful injury to a pet animal, judgment of the trial court dismissing action on the grounds that plaintiff would be unable to prove the value of the pet exceeded the costs of repair is reversed because a pet owner can recover the costs of care of a tortiously injured pet if the costs are found to be reasonable and necessary, and punitive damages if the injury is found to be intentional. Read more...
California Court of Appeal, 06/02/2011
Collins v. Sutter Memorial Hospital, No. C063783
In an action for medical malpractice, judgment of the trial court granting plaintiff a new trial after vacating a defense summary judgment is affirmed, where order was timely under Code of Civil Procedure section 660 and based on proper grounds. Read more... California Court of Appeal, 06/02/2011
Adams v. Superior Court (Centinella Freeman Regional Med. Ctr.), No. B229437
In a petition for a writ of mandate seeking to vacate a trial court order abating plaintiff's wrongful death and survival causes of action because plaintiff, decedent's representative, did not join all known heirs, Code of Civil Procedure sections 377.60 and 382, petition is granted where trial court erred in abating wrongful death cause of action and survival causes of action. Read more... Court of Appeals of New York, 06/02/2011
Groninger v. Village of Mamaroneck, No. 85
In a personal injury action against defendant-municipality after plaintiff slipped and fell on ice in a parking lot owned by defendant, summary judgment in favor of defendant is affirmed where defendant neither received prior written notice of the defect nor created the icy condition. Read more...
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