Dedicated to the pursuit of justice

Blog

How can Primary Assumption of the Risk apply when there are multiple Defendants, with one Defendant acting intentionally to hurt Plaintiff? Nigel B. v. Burbank Unified School District

March 4, 2024 Blog,Eric Ganci

By Eric Ganci

In California, we have types of primary assumption of the risk: Primary and Secondary.  

I’ll deal with Secondary Assumption of the Risk first, which is when Defendant still owes a duty of care, but Plaintiff knowingly encounters the risks attendant on Defendant’s breach of duty. 

re Privette and exceptions, Gonzalez v. Mathis, Blalock v. DMP 250 Newport Center, LLC

February 13, 2024 Blog,Eric Ganci

By Eric Ganci

Can a landowner be liable for a dangerous condition on her property, if she hires an independent contractor and one of those workers is injured on the landowner’s property?  

Can you use scientific articles to cross examine the opposing expert at trial? Paige v. Safeway, Inc.

January 30, 2024 Blog,Eric Ganci

By Eric Ganci

Ah, this is a trick question. As the answer usually in the law is “it depends.” But let me give you some law then explain how this 2022 case Paige v.

What does it take to prove someone’s negligence was a “substantial factor” in causing your harm per California law? Bebe v. Wonderful Pistachios & Almonds LLC

November 14, 2023 Blog,California Laws,Eric Ganci

By Eric Ganci

June 6, 2023 gave us this filed case Bebe v. Wonderful Pistachios & Almonds LLC, cited as of 6/14/23 as 2023 WL 3837260.  

The main discussion of the case is whether the Court improperly granted a motion for summary judgment in favor of Defendants (which the Court of Appeal held granting this MSJ in favor of Defense was wrong).

Does Design Immunity Shield Public Entities from Warning of Roadway Hazards? Insights from Tansavatdi v. City of Rancho Palos Verdes

November 8, 2023 Blog,California Laws,Eric Ganci

By Eric Ganci

Sometimes in the legal system, we have courts that disagree on how to read, understand, and interpret the law. I know, I know: it’s shocking to think lawyers and Judges may somehow find a way to disagree with each other.  

Male Breast Cancer Linked to Camp Lejeune Contamination Scandal

September 29, 2023 Blog,Mass Tort Blog

The Center for Disease Control and Prevention (CDC) estimates that 500 thousand to one million people who lived and worked at Camp Lejeune Military base were exposed to toxic elements in the water supply between 1953 and 1987.

Deciphering Neuropsychological Tests: A Spotlight on Transparency in TBI Claims in California – Randy’s Trucking INC

September 25, 2023 Blog,California Laws,Eric Ganci

By Eric Ganci

In California civil litigation, if Plaintiff alleges a brain injury (TBI), many times Defense will hire a neuropsychologist as an expert to evaluate Plaintiff for the claimed injuries.

The Tragic Impact of the Camp Lejeune Contamination on Families

September 22, 2023 Blog,Mass Tort Blog

The Camp Lejeune Justice Act was enacted in 2022, enabling those who suffered from exposure to the toxic waters of Camp Lejeune, to file claims against responsible parties including the U.S.