New CA Tort Case

duty negligence torts Apr 26, 2022
 
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 Torts

The issue of tort duty is constantly evolving in California. Last month, the Second District Court of Appeal published a new decision addressing whether a residence for the disabled owes a duty under tort law to protect residents from potential harm from contractors used by the residence. In the video above I briefly discuss this new case. Below is my summary of the case.

New Tort Decision 

Doe v. Brightstar Residential Incorporated (2022) _ Cal.App.5th _ , 2022 WL 714127: The Court of Appeal reversed the trial court's order granting defendants' motion for summary judgment in plaintiff's action against defendants, a residence for the disabled and its owners, as a result of a sexual assault of plaintiff by a handyman used by the residence. Plaintiff was in her 20s but had the mental functioning of a child. The trial court granted the motion for summary judgment because the attack was unforseeable. The Court of Appeal disagreed, finding the trial court erred in excluding evidence from a police file that the residence knew its handyman had a history of harassing women. This evidence was relevant and admissible regarding whether the attack was foreseeable. The Court of Appeal also ruled that the residence had a duty to take cost-effective steps to protect plaintiff from foreseeable harm from people like the handyman, and once the residence knew it had a harasser on its payroll, its duty was to contain that danger. The Court of Appeal reversed the summary judgment because whether the residence or its owners knew or should have known of the danger from the handyman was a disputed fact. (C.A. 2nd, March 10, 2022.)

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I also help attorneys and their clients by serving as a mediator, arbitrator and referee with ADR Services, Inc. I handle cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, land use, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death. I also keep up with the new civil case law published in California. I offer Zoom services throughout California and also in-person services. I've been a California civil trial lawyer since 1980 and a member of ABOTA since 1995. I've represented both plaintiffs and defendants in a wide variety of civil cases including the areas listed above. If you'd like to work with me, please contact my case manager at ADR services, Haward Cho, [email protected], (619) 233-1323.  


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Stat safe and healthy.

Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Lawyer Master Mentoring™
California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected] 

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