Jim Miller recently obtained a summary judgment for the defense in a case in which the plaintiff was alleging that her homeowners’ association was negligent for not protecting her from another association member’s allegedly aggressive dogs. In the motion for summary...
Serving clients in civil litigation since 2003.
Year: 2010
Lickter v. Lickter – Third District Court of Appeal Published Decision
In this action, Jim represented the granddaughters and the former daughter-in-law of a decedent. The plaintiffs were the decedents grandsons. The plaintiffs were also half brothers and step sons of Jim’s clients. The plaintiffs contended that Jim’s clients and their...
Wood v. Williams – Butte County
Brian Powers and Gordon Bowley recently obtained a summary judgment for the defense in an interesting case in which the decedent was allegedly frightened to death by defendant’s dog. The 87 year-old defendant owned a smooth-coated Shar-Pei that accidentally escaped...
Zurawka v. Silva – Sacramento County
The action arose out of an alleged auto versus pedestrian accident. The plaintiff contended that the defendant’s vehicle struck the plaintiff at 30 mph while the plaintiff was crossing the street at an intersection. The complaint alleged causes of actions for motor...
Bowley Successul in Motion for Summary Judgment – Sanchez v. Perez – San Joaquin County
This wrongful death case filed by plaintiff sought compensation for the death of her husband, Juan Sanchez after falling off a roof on April 22, 2006. The decedent fell off the roof of the Perez home in Manteca while attempting to complete roof repairs. While supplies...
Supreme Court Grants Review Of Howell V. Hamilton Meats
On March 10, 2010 , the California Supreme Court granted review in Howell v. Hamilton Meats (2009) 179 Cal.App.4th 686 (Review Granted and Opinion Superseded (Mar 10, 2010)). As a result, the Howell case can no longer be cited as legal authority in other matters. The...
Mitigation Of Damages
Must a personal injury plaintiff mitigate damages by attending medical treatment appointments outside working hours in order not to incur damages for loss of time from work? A personal injury plaintiff has a general duty to mitigate his/her damages. “The person...