Where the evidence shows that the plaintiff’s negligence was the sole proximate cause of an injury, comparative negligence need not be submitted to the jury.
10
Feb
Feb
Cases of Interest
A proponent of expert testimony must always establish the admissibility criteria of Rule 702 by a preponderance of the evidence. There is no presumption in favor of admission, and the reliability test may also be applied to an expert’s reasoning process.
5
Jun
Jun
The court of appeals stated that exculpatory agreements in recreational sports do not implicate the public interest and are, therefore, not void as against public policy.
7
May
May
Uninsured motorist arbitration is not an action under Code Civ. Proc., § 22, and Cal. Rules of Court, rule 1.6, nor is it a special proceeding under Code Civ. Proc., § 23, in the absence of a judicial remedy.
24
Apr
Apr
“The standard of care imposed upon school personnel in carrying out this duty to supervise is identical to that required in the performance of their other duties. This uniform standard to which they are held is that degree of care which a person of ordinary prudence, charged with [comparable] duties, would exercise under the same circumstances.” C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 869.)