Archive for the ‘Summary Judgments’ Category

Jeffrey I. Ehrlich wins reversal in Ninth Circuit of summary judgment against paralyzed shipyard worker. Richard Thompson was rendered a paraplegic when he lost his balance and fell through a defectively-constructed scaffold at the San Diego shipyard of National Steel and Shipbuilding Company (“NASSCO”). NASSCO obtained summary judgment against Thompson in the U.S. District Court for the Southern District of California. The district court granted NASSCO’s motion on numerous grounds, finding that there was no evidence that NASSCO had furnished unsafe equipment, and no evidence that furnishing the unsafe equipment affirmatively contributed to Thompson’s injuries. The Ninth Circuit reversed and remanded, rejecting all of the district court’s findings.

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Ehrlich Law Firm wins reversal of summary judgment in sexual-harassment suit against LAPD, where trial lawyer failed to submit proper opposition declarations. LAPD Lieutenant Corina Smith claimed that the LAPD had submitted her to a hostile work environment and retaliated against her. The City moved for summary judgment. Smith’s trial counsel submitted a lengthy opposition, but many of the opposition declarations failed to contain a proper jurat under Code Civ. Proc. section 2015.5 (because they failed to indicate that they were either signed in California, or under penalty of perjury under California law.) The Court of Appeal reversed, finding that the City had failed to show that it was entitled to judgment as a matter of law. (Smith v. City of Los Angeles B209861 (unpublished).

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 wins reversal of judgment in favor of McDonalds in suit by cashier who was shot at drive-through window

Jeanette Thompson was a 16-year old cashier working at a McDonalds’ franchise store in the Crenshaw District of Los Angeles.  She was pulled through the window at the drive-through and shot. In her suit, she claimed that McDonalds’ Corporation controlled the design of the drive through, and failed to install proper protective features. The trial court granted summary judgment for McDonalds’. The Ehrlich Law Firm obtained a reversal, and the matter will now be proceeding to trial. Thompson v. McDonalds’ Corp., 2009 WL 1653443 (2d District, Unpublished)