California Supreme Court Clarifies Public Entity Liability Where Negligent Third Party Caused Plaintiff to Encounter Alleged Dangerous Condition

Headshot of Robert F BennettOn August 13, 2015, the California Supreme Court issued its ruling in matter of Cordova v. City of Los Angeles. At issue for the court was whether California Government Code § 835 required a plaintiff, in a tort claim against a public entity, to show that an alleged dangerous condition on a public roadway caused a third party’s negligence to continue with the claim against the public entity. Ultimately, the Court ruled such a nexus was not a requirement of the section 835. Continue reading

Ninth Circuit Finds Recalling an Empanelled Jury After Discharge Not an Abuse of Discretion

Headshot of Robert F BennettWhat trial attorney has not thought after a verdict, “man I wish we could reconvene the jury on this one issue to get it right.”  On July 24, 2015, the 9th Circuit Court of Appeals concluded such a move is possible. In Dietz v. Bouldin, the 9th Circuit held it was not abuse of discretion for the trial court to call back a jury after it had been discharged to correct an error in its verdict. Continue reading

Fuller v. Larsen – El Dorado County

Headshot of Robert F BennettIn this case Rob Bennett represented a young pharmacy clerk, Mr. Larsen, who was also a friend of the plaintiff.  The parties were friends for several years before the accident.  On September 14, 2011, Mr. Larsen was driving in a rural part of El Dorado County with Mr. Fuller as a passenger when the vehicle struck another car.  The vehicle both parties were in sustained damages totaling $4,660.   Continue reading

Plaintiff Dismisses & Pays Costs – Minor Plaintiff v. France – Solano County

Headshot of Robert F BennettRecently, Rob Bennett secured a victory in a case which arose following a minor accident in 2013. At the time, plaintiff, a minor, was driving with her father to Six Flags Marine World.  Rob’s client, a certified nursing assistant was merging on to Interstate 80 from Highway 37 when traffic came to a sudden stop and she collided with the rear of the plaintiff’s vehicle.  Plaintiff alleged injuries to her neck and back.  Plaintiff failed to file a property damage report with the insurance company for a year and a half after the accident.  Even so, the insurance company was unable to find any residual damage from the accident. Continue reading

Carroll v. Seafood City—Bennett Successful In Motion For Summary Judgement

Headshot of Robert F BennettOn May 28, 2013, associate Rob Bennett successfully obtained summary judgment in favor of his client Seafood City. This case arose from a suspicious slip and fall which occurred at Seafood City, a grocery store in Sacramento. Footage obtained from Rob’s client showed the fall was not a fall at all, but merely a crouching which plaintiff alleged caused injuries. Following his motion, the Court agreed plaintiff sustained no damages and granted defendant’s motion for summary judgment. As a result, Rob’s client is entitled to recover a significant amount of litigation costs incurred during the case.

Congratulations to Rob and his client on this successful result.

Plaintiffs Dismiss Case – Fajardin v. Henderson – Solano County

Headshot of Robert F BennettIn this case, Rob Bennett represented a Fairfield kindergarten teacher.  Plaintiffs alleged injuries following a minor rear end accident while driving on Gateway Boulevard in Fairfield. Discovery of the accident showed plaintiffs vehicle sustained damages totaling $854 including total replacement of the rear bumper.  Photos of the plaintiff’s vehicle showed only cosmetic damage. Continue reading

Doyon v. Lewis – El Dorado County

James Miller headshotIn this case, Jim represented two brothers who owned a home in Garden Valley. The older of the two brothers, Jerry had recently suffered a stroke and was recovering at home. To aid in his recovery, the younger brother, Robert, hired several caregivers, including plaintiff, to assist Jerry in general chores such as cooking, cleaning and running errands. Following the stroke, Jerry suffered from an unsteady gait and reduced motor control. Continue reading