An employee’s notation on a walk-through checklist indicating that a sauna “needed repair” is insufficient to show either gross negligence or actual or constructive knowledge of an unsafe condition, by a fitness center.
22
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Cases of Interest
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Jul
A responding party may not provide an ambiguous answer to an interrogatory and later contradict their response with new evidence in an opposition to summary judgment.
Uber did not have a duty to protect or warn based on a common carrier-passenger special relationship with women who were abducted and sexually assaulted by assailants posing as Uber drivers.
The reasonable medical probability standard for expert testimony applies only to the party bearing the burden of proof on the issue that is the subject of the opinion and the party without the burden of proof can suggest alternative causes, or the uncertainty of causation, to less than a reasonable medical probability.
During the voir dire procedure, a trial court has discretion to restrict the content of a brief opening statement or to disallow a brief opening statement if it contains objectionable matter, despite the phrase “shall allow a brief opening statement” in California Code of Civil Procedure section 225.5(d).