Ehrlich Firm wins reversal of summary judgment in case by kindergartener who was sexually molested at elementary school

AC was taken from the multipurpose room at an elementary school by a school employee, led onto a stage that was part of the room, and molested. The stage area was effectively screened from view because the school had been using the area to store cartons of books. The trial court granted summary judgment to the district on the ground that the stage could not constitute a dangerous condition on public property, and that there was no proximate cause.

The Court of Appeal reversed, finding that the manner in which the stage had been maintained created triable issues of fact about whether it was dangerous, and that the district had not negated proximate cause as a matter of law. (AC v. Pomona Unified School Distr. (2010) B.215607 (unpublished.)

Ehrlich Law Firm wins reversal of summary judgment for insurer on health-care rescission case

After the Nazaryetan family’s twins were born with severe brain injuries, Blue Shield rescinded the policy to avoid having to pay for the cost of their care. It claimed that the family had misstated their health history on their application form. The trial court granted Blue Shield’s motion for summary judgment. The Court of Appeal reversed, finding that whether or not Blue Shield’s underwriting practices were reasonable and designed to resolve all questions on the application was a factual issue that could not be resolved on summary judgment. (Nazaryetan v. California Physician’s Service (2010) 182 Cal.App.4th 1601.)

Ehrlich Law Firm convinces U.S. District Judge to reconsider summary judgment

Ehrlich Law Firm convinces U.S. District Judge to reconsider summary judgment for insurer in $8.2 million bad-faith lawsuit, allowing case to go to trial. Lexington Insurance withdrew its defense of an obstetrician in a medical-malpractice lawsuit, and refused to settle the claim within its $1 million policy limits, resulting in an adverse judgment of $8.2 million. In the resulting bad-faith lawsuit, the district court granted summary judgment to Lexington in May 2009.