EDITOR'S NOTE: California Bar Journal publishes this summary of important trials in California provided by Trials Digest Publishing Inc. For a free complete trial report on any case listed, call 510/420-1800.
Police chase causes pedestrian injury
A pedestrian entering a parked car was struck by a suspect fleeing a patrol car with its lights and siren on. The police contended no flight or pursuit (Pogosyan v. MTA, Los Angeles County Superior Court).
Secretary claims constructive discharge
A secretary claimed she quit due to intolerable working conditions in violation of public policy, sexual harassment, Labor Code wage and hour violations and intentional infliction of emotional distress (Sangster v. Cooke, San Mateo County Superior Court).
'Bugs' allegedly cripple software
A purchaser claimed inability to use accounting software due to defects. The software developer contended that plaintiff refused to follow installation instructions or to cooperate with customer support personnel (Diebold Inc. v. Walker Interactive Systems, San Francisco County Superior Court).
Patient transfer violates federal law
Parents claimed the hospital transfer of their daughter while in an unstable condition violated the Federal Emergency Medical Treatment and Active Labor Act [42 U.S.C. section 1395dd]. This may be the first verdict in California under this act (Barris v. County of Los Angeles, Los Angeles County Superior Court).
Multiple problems plague condo community
Condominium owners claimed various defects in a 334-unit project. The developer disputed some problems and asserted that cheaper repair methods were viable (City Scene Owners Association v. Brehm Communities, San Diego County Superior Court).
Patient goes blind
A couple claimed that the husband's vision loss resulted from the physician's failure to consider transfusion or follow-up despite a low blood count. Defendant contended he met the standard of care (Gremillion v. Goodman, San Luis Obispo County Superior Court).
Insurer disputes wind turbine company's
An insurer claimed a wind turbine company made misrepresentations in obtaining its policy and breached the contract by abandoning the wind farm (California Union Insurance Company v. Carter Wind Systems Inc., Los Angeles County Superior Court).