Cases of Interest

Negligence per se claim failed because violation of a conditional use permit is not a “violation of a statute of ordinance.” Further, a rap concert is not an ultrahazardous activity.  Such concerts, even ones with rival gang members performing and antagonizing each other, can be conducted safely with proper planning and security.

Supreme Court of California  S277510

Robert W. Sweetin, Esq. of Matheny, Sears, Linkert & Jaime recently obtained a defense verdict following a 4-week trial in Sonoma County.  The plaintiff, a 78 year-old retiree, was leaving the apartment complex when he tripped and fell at the lobby entrance on a door mat owned by the property management company. Plaintiff alleged he suffered injuries to his spine, face, left shoulder, back, right knee, and hip as a result of the property management company’s failure to inspect and maintain the property and the door mat.

Railroad company did not have a duty to remove the tree or take measures to protect the public from the alleged dangerous condition posed by the tree on land abutting highway.

Defense is permitted to questions about future eligibility for Medicare and the anticipated costs of medical treatments under Medicare. Audish (2024) 102 Cal.App.5th 740, 740.