Category Archives: Catastrophic Injury & Products Liability

Manufacturer of Asbestos-Containing Products May be Liable for “Take-Home” Exposure

Johnny Blaine Kesner, Jr. was diagnosed with peritoneal mesothelioma. He filed suit against a number of defendants, including Pneumo Abex, LLC (Abex), to recover damages for his injuries. Kesner’s claim against Abex was that Kesner’s uncle was an Abex employee who allegedly was exposed to harmful levels of asbestos in his job. Between 1973 and […]

California’s Second Appellate District Court Reaffirms The Howell-Corenbaum Rule And Expands The Scope Of Medical Lien Related Discovery.

A recent ruling by the Second Appellate District has reiterated its support for Howell v. Hamilton and Corenbaum v. Lampkin, while expanding the permissible scope of discovery into third party medical liens. The Dodd court held that evidence of the amount paid by a third party to purchase a medical lien from the treatment provider […]

California Appellate Court Upholds Clause In Commercial Construction Contract Shortening Ten-Year Statute Of Limitations For Latent Defects To Four Years. Brisbane Lodging L.P. v. Webcor Builders, Inc. (1st Dist. 2013) 216 Cal.App.4th 1249

California law imposes an outside limit of 10 years for an owner to bring a claim for latent defects arising from an improvement in real property. But, can an owner and contractor contractually agree to shorten the 10 year period, and require that any claim arising from the construction be brought within a shorter time […]

It’s Not Just “Sports” Anymore! The California Supreme Court Extends Primary Assumption Of Risk To “Recreational Activities.”

Adding to defense bar’s reasons to celebrate this New Year’s Eve was the California Supreme Court’s decision in Nalwa v. Cedar Fair, L.P. – holding that the primary assumption of risk doctrine applies to passengers injured in bumper car rides without regard for whether the activity is considered a “sport.” The decision will likely have […]