Plaintiff, a college student, was riding his mountain bike at night on a university campus. He rode off a bike path and into a landscaped area, lost control of his mountain bike and then suffered a spinal cord injury in a crash. The university was represented by McCune & Harber. Plaintiff alleged that this part of the campus constituted a dangerous condition of public property and that the university should have foreseen that a storm water catch basin posed a hazard to off-trail bicyclists. Plaintiff demanded $26 million before trial, asked the jury for about $15 million in damages and offered to settle for $7 million during the jury’s deliberations. The jury ultimately deemed the university not responsible and returned a defense verdict in the university’s favor.
Summary Judgment was granted in favor of defendant
food and beverage store in a claim involving a slip and fall on spilled
soup. The Court found the store did not have actual or constructive
notice of the alleged dangerous condition, as a store employee inspected the
area within 2 to 3 minutes before plaintiff fell. In addition, the trial
court sustained many objections to the evidence proffered by plaintiff’s
experts, who claimed the flooring at the subject store was “inherently
Successful defeat of an Appellant’s motion to withdraw his Civil Service Appeal in the face of the Proposed Decision in the defendant’s favor. The CSC denied the Appellant’s motion and adopted the Proposed Decision.
Plaintiff initially presented a Claim for Damages based on the school nurse’s response to his playground injury. Plaintiff abandoned that theory and proceeded to file a lawsuit based on the alleged condition of the playground. The District prevailed on a Motion for Summary Judgment on the basis that the Complaint did not comply with the Government Claims Act.
Plaintiff, a tenured Office Administration Instructor for over 21 years alleged that she was wrongfully terminated because of her reported rheumatoid arthritis and without sufficient cause, in violation of the Education Code. Plaintiff denied any progressive discipline and denied the allegations that she (1) did not show up to her classes on time or at all, (2) did not post and keep her mandatory office hours, (3) did not show up to business and other District meetings on time or at all, (3) failed to Post and Keep Office Hours for her students, (4) demeaned her Instructional Aides in front of her entire class (5) failed to Grade her own papers and instead improperly demanded her Instructional Aides grade papers, and (6) in a fit of anger lashed out at her Instructional Aide in the workplace and threw a book bag at her. The employer prevailed in a 10-day Administrative Trial.