What is failure to warn?

Useful Rulings on Products Liability - Failure to Warn

Recent Rulings on Products Liability - Failure to Warn

JOSEPH SORIA VS MILLERCOORS, LLC, ET AL.

(“Alltech”), Pacific, PolyOne Corporation, Marinela Hendon (“Hendon”) and Does 1-100 for: General Negligence Premises Liability Negligent Undertaking Strict Products Liability—Design Defect Strict Products Liability—Failure to Warn On November 10, 2020, a “Stipulation of Plaintiff Joseph Soria and Defendants MillerCoors, LLC, MillerCoors USA, LLC, Molson Coors Brewing Company, and Marinela Hendon to Dismiss MillerCoors USA, LLC, Molson Coors Brewing Company, and Marinela Hendon” was filed.

  • Hearing

CHUCKRID HUTAYANA VS YOUNG MENS CHRISTIAN ASSOCIATION OF

Plaintiff filed a Complaint on January 02, 2018, alleging five (5) causes of action sounding in: (1) Negligence; (2) Premises Liability; (3) Strict Products Liability (Design Defect); (4) Strict Liability (Failure to Warn); and (5) Products Liability (Negligence). PRESENTATION: The instant motion was received by the Court on March 13, 2020, the opposition was received on March 24, 2020, and the reply was received on March 30, 2020.

  • Hearing

JANE JB DOE VS LOS ANGELES UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

Jane JB Doe’s operative Complaint alleges fourteen causes of action as follows: (1) civil sex trafficking (Civil Code § 52.5), (2) civil conspiracy against LAUSD, Bennett, Vazquez and Gillard, (3) negligence against all Defendants, (4) negligent supervision against all Defendants, (5) negligent hiring/retention against all Defendants, (6) negligent failure to warn, train or educate against all Defendants, (7) constructive fraud (Civil Code § 1573), (8) breach of fiduciary duty, (9) intentional infliction of

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MICHAEL ALLEN DENNY VS TUUYEN NGUYEN, ET AL.

Plaintiff’s counsel attests the proposed First Amended Complaint adds five causes of action: (1) Strict Products Liability (design defect); (2) Strict Products Liability (manufacturing defect); (3) Strict Products Liability (failure to warn); (4) Negligence (design; sale; manufacturing); (5) Negligence (Failure to warn). As part of the motion, Plaintiff includes a copy of the proposed amended pleading. (CRC Rule 3.1324(a).) The proposed First Amended Complaint is attached as Exhibit 6.

  • Hearing

NANCY RAUEN, AN INDIVIDUAL VS K&K FOODS, INC., A CALIFORNIA CORPORATION, ET AL.

Plaintiff filed a Complaint on August 19, 2020, alleging three causes of action sounding in: (1) Negligence; (2) Willful Failure to Warn (Civil Code § 846); and (3) Dangerous Condition of Public Property. 5541 Rosemead Boulevard, LLC ("Rosemead") filed a Cross-Complaint on August 21, 2020 and a First Amended Cross-Complaint ("FXC") on September 30, 2020 against Aria Burger King, Inc. and Kaiser Sphere, alleging nine (9) causes of action sounding in (1) Express Indemnity; (2) Equitable Indemnity; (3) Comparative

  • Hearing

MONICA ARELLANO VS EL POLLO LOCO, A CALIFORNIA CORPORATION

Discussion Defendant moves for summary judgment, or alternatively adjudication of Plaintiff’s first cause of action for Premises Liability; second cause of action for Negligence; third cause of action for Failure to Warn; and fifth cause of action for Negligence Per Se.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

THE NEW TEMPLE MISSIONARY BAPTIST CHURCH, A CALIFORNIA CORPORATION VS RHODELL GLASCO, ET AL.

Plaintiff’s failure to warn Baranov that his client would be defaulted during on-going and cooperative communications between counsel is the source of Baranov’s misunderstanding that plaintiff was not requiring Glasco to file a responsive pleading. This is sufficient to satisfy the “mistake, inadvertence, surprise, or neglect” requirement of section 473(b).

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge

    Richard L. Fruin

  • County

    Los Angeles County, CA

JANE JG DOE VS LOS ANGELES UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

Jane GJ Doe’s operative Complaint alleges fourteen causes of action as follows: (1) civil sex trafficking (Civil Code § 52.5), (2) civil conspiracy against LAUSD, Bennett, Vazquez and Gillard, (3) negligence against all Defendants, (4) negligent supervision against all Defendants, (5) negligent hiring/retention against all Defendants, (6) negligent failure to warn, train or educate against all Defendants, (7) constructive fraud (Civil Code § 1473), (8) breach of fiduciary duty, (9) intentional infliction of

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ROBERT KIRSCH, ET AL. V. COUNTY OF SANTA BARBARA, ET AL.

The government claim alleged failure to warn of or take adequate precautions against anticipated gang-related violence, reckless conduct of security officers in firing the shot which hit plaintiff, violation of Fourth and Fifteenth Amendment rights, violation of Civil Code § 51, inflictions of emotional distress, dangerous conditions of property, negligence, and assault and battery. The complaint added a claim of inadequate lighting. Id. at 887-889.

  • Hearing

JOSEPH SORIA VS MILLERCOORS, LLC, ET AL.

(“Alltech”), Pacific, PolyOne Corporation (“PolyOne”), Marinela Hendon (“Hendon”) and Does 1-100 for: General Negligence Premises Liability Negligent Undertaking Strict Products Liability—Design Defect Strict Products Liability—Failure to Warn On November 10, 2020, a “Stipulation of Plaintiff Joseph Soria and Defendants MillerCoors, LLC, MillerCoors USA, LLC, Molson Coors Brewing Company, and Marinela Hendon to Dismiss MillerCoors USA, LLC, Molson Coors Brewing Company, and Marinela Hendon” was filed.

  • Hearing

JANE DOE M.M., AN INDIVIDUAL, ET AL. VS PASADENA HOSPITAL ASSOCIATION, LTD.,, ET AL.

., and A.R. against all Defendants; (6) negligent supervision by Plaintiffs against Hospital; (7) negligent hiring/retention by Plaintiffs against Hospital; and (8) negligent failure to warn, train, or educate by Plaintiffs against Hospital. B. Discovery Motions On July 1, 2020, Hospital filed two motions to compel further responses to Special Interrogatories, set one (“SROG”) against Plaintiffs M.P. and R.A. On October 30, 2020, Plaintiffs M.P. and R.A. filed opposition briefs.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • County

    Los Angeles County, CA

SPERRY V. ALGONQUIN POWER AND UTILITIES CORP.

Genmar Industries, Inc. (1994) 26 Cal.App.4th 1214, 1223, 32 Cal.Rptr.2d 305 [complaint alleged failure to warn of manufacturing defect in boat; plaintiff could not avoid summary judgment by showing failure to warn based on post- manufacture discovery of defect]; Danieley v.

  • Hearing

SARAH SLAYTON VS JOHNSON & JOHNSON, ET AL.

Plaintiff alleges strict liability based on a failure to warn and a design defect, negligence, breach of express warranty, breach of implied warranty, negligent misrepresentation, deceit by concealment, and fraud arising from the use of products that caused ovarian cancer. On July 8, 2020, Plaintiff’s counsel, Jennifer Lenze, Esq. and Amanda McGee, Esq., filed a motion to be relieved as counsel pursuant to California Rules of Court rule 3.1362.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

WILLIAM DWIGHT TOUCHBERRY ET AL VS DOES 1 TO 250

On February 13, 2018, Plaintiffs filed this lawsuit against Does 1-250 for: C/A 1: By William against Defendants for Negligence C/A 2: By William against Defendants for Strict Liability (Failure to Warn) C/A 3: By William against Defendants for Strict Liability (Design Defect) C/A 4: By William against Defendants for Fraudulent Concealment C/A 5: By William against Defendants for Breach of Implied Warranties C/A 6: By Laurie against Defendants for Loss of Consortium On August 27, 2020 Defendant Rust-Oleum

  • Hearing

JANE HC DOE, A MINOR BY AND THROUGH HER GAURDIAN AD LITEM KIM S. VS TORRANCE UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

On February 7, 2020, plaintiff filed a FAC for (1) negligence, (2) negligent supervision, (3) negligent failure to warn, train, or educate, (4) IIED, (5) gender violence, (6) sexual battery, and (7) sexual assault. On August 17, 2020, plaintiff filed a SAC. On September 24, 2020, the court sustained without leave to amend TUSD’s demurrer to the 4th cause of action for IIED.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

WILLIAM POWERS, JR. V. DONALD JENSEN, ET AL.

., alleged harassment by Denise Emerson and the failure to warn). Thus, using the appeals in that case to inhibit Plaintiff from moving forward in this case does not comport with the intent of the statute. For similar reasons, the Court finds that the Jensens have not met their burden, at this time, for purposes of subdivision (b)(3) of section 391 [frivolous and delaying tactics].

  • Hearing

LUIS ALFREDO PEREZ VS BRYANNA JELESSA COBURN, ET AL.

Motion for Summary Judgment Moving Argument ABM argues there is no evidence of a dangerous condition or failure to warn. ABM argues the alleged dangerous condition of the 12 ½ inch platform Plaintiff drove off of was caused by Plaintiff’s failure to follow the posted instructions for parking, and that the platform would not have been accessible had Unitronics’ employee not caused the interior bay door to open by resetting Bay #4 despite ABM requesting only Bay #3 be reset.

  • Hearing

IRMA LORENA VIZCARRA ET AL VS TOYOTA MOTOR NORTH AMERICA INC

Further, plaintiffs’ arguments regarding failure to warn are unavailing because plaintiffs have not proffered evidence showing a failure to warn or that any such failure was the cause of decedent’s injuries/death. Although it is understandable that plaintiffs raise the NHTSA notice regarding the subject airbag system, defendants have met their burden of showing that the issues in the NHTSA notice were not the cause of decedent’s injuries.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

KOKESH VS SARODIA OCEANSIDE LLC

The demurrer to the third cause of action for habitability (negligence – premises liability/failure to warn – negligence per se) is sustained as confusing and unintelligible. It is unclear which claim Plaintiffs are pursing under this cause of action. Plaintiffs purport to assert a claim for negligence but instead blends several theories of negligence together rending the actual claim being pursued incomprehensible.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JANE HC DOE, A MINOR BY AND THROUGH HER GAURDIAN AD LITEM KIM S. VS TORRANCE UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

S, filed a complaint against Torrance Unified School District and Dalan Anthony Johnson for (1) negligence, (2) negligent supervision, (3) negligent failure to warn train or educate, (4) constructive fraud (Civil Code 1573), (5) IIED, (6) sexual abuse and harassment in the educational environment (Education Code §220), (7) general violence, (8) sexual battery, and (9) sexual assault.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MARVIN TARNOL, ET AL. VS UNITED FABRICARE SUPPLY, INC.

The operative Second Amended Complaint (“SAC”) states six causes of action for: 1) negligence; 2) strict liability – failure to warn; 3) strict liability – design defect; 4) fraudulent concealment; 5) breach of implied warranties; and 6) loss of consortium. The SAC alleges that Marvin worked at dry cleaning facilities from 1950 through 1980. Plaintiff was diagnosed with bladder cancer in 2017.

  • Hearing

JOSE VILLANUEVA VS LKQ BEST AUTOMOTIVE CORP

It contends Plaintiff cannot establish a claim for strict products liability under a design defect, manufacturing defect, or failure to warn theory. It also contends Plaintiff cannot establish strict products liability because Defendant is not in the business of selling or otherwise distributing the subject engine hoist. Plaintiff opposes the motion, arguing Defendant improperly relies on Plaintiff’s discovery responses in an attempt to meet its burden.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MARVIN TARNOL, ET AL. VS UNITED FABRICARE SUPPLY, INC.

The operative Second Amended Complaint (“SAC”) states six causes of action for: 1) negligence; 2) strict liability – failure to warn; 3) strict liability – design defect; 4) fraudulent concealment; 5) breach of implied warranties; and 6) loss of consortium. The SAC alleges that Marvin worked at dry cleaning facilities from 1950 through 1980. Plaintiff was diagnosed with bladder cancer in 2017.

  • Hearing

LIZA KATHRYN WOMACK VS FIRST ACCESS ENTERTAINMENT, LLC, ET AL.

The SAC asserts causes of action for (1) negligence, (2) negligent hiring/retention, (3) negligent supervision/failure to warn, (4) negligent undertaking, (5) breach of contract, (6) breach of contract, (7) breach of fiduciary duty, (8) breach of implied covenant of good faith and fair dealing, (9) violation of Business and Professions Code section 17200, and (10) wrongful death. Mercer now demurs to the first, fourth, ninth, and tenth causes of action of the SAC.

  • Hearing

SUSANNE COIE VS APPLE SEVEN HOSPITALITY OWNERSHIP, INC., ET AL.

Negligence – Premises Liability/Failure to Warn 4. Nuisance 5. Intentional Infliction of Emotional Distress 6. Negligent Infliction of Emotional Distress 7. Breach of Contract 8. Breach of Covenant of Quiet Enjoyment On August 12, 2020, Plaintiff filed an amendment to complaint, substituting in Dimension Development Two, LLC for Doe 1. On September 21, 2020, Defendant Dimension Development Two, LLC (“Dimension” or “Defendant”) filed the instant demurrer and motion to strike. [Tentative] Ruling 1.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

1 2 3 4 5 6 7 8 9 10 ... 41     last » 

For full print and download access, please subscribe at https://www.trellis.law/.

Please wait a moment while we load this page.