Michelle's Compendium
By Michelle Logsdon - January 15, 2002Judgment Against Landlord for Toddler Fall from Window
The California 2nd District Court of Appeals ruled, Jan. 10, that a landlord does not have to install screens, or other protective devices, on apartment windows unless the landlord specifically told a tenant that the work would be done. The ruling in the case of White v. Contreras holds Wilfredo Contreras liable for the injuries sustained by three-year-old DeJoure White when he fell out of a third story apartment window in Los Angeles. The boy’s parents asked Contreras to install the missing screen and he said he would. The appellate court’s ruling overturns a summary judgment in the case in Contreras’ favor.
Glendale School District Board Meeting
The Glendale Unified School District board will meet Jan. 15 to discuss significant increases in the district’s workers’ compensation costs the past two years. Stephen Hodgson, the district’s chief business and financial officer, said costs could reach $200 million. The meeting will be held at 3:30 p.m. at the School District Administration Building.
Auto Group Given Go-Ahead for Self-Insurance Plan
The first private group self-insurer plan since 1993 was formed Jan. 1. The California Department of Industrial Relations (DIR) approved the California Motor Car Dealers Comp Plan, Inc. to self-insure for workers’ compensation liabilities. The group includes: Claridge’s Ltd., Fremont; Crown Motors, Redding; Pearson Ford Co., San Diego; and Raceway Ford, Inc., Riverside. DIR director Stephen J. Smith expects the concept to work as well in the private sector as it has in the public sector.
CA Homebuilders Nearing Economic Crisis
A shortage of insurance companies and recent economic downturns has caused California homebuilders to pay through the nose for premiums. Mick Pattinson, head of the California Building Industry Assn. said premiums rose 30 to 100 percent last year. The Sept. 11 attacks exacerbated the problem that Pattinson says is approaching crisis level in California because the state allows construction dispute lawsuits to be filed 10 years after a home is built.
PG&E Lawsuits Stays in State’s Hands
A federal bankruptcy judge denied Pacific Gas & Electric Co.’s (PG&E) request to move fourteen lawsuits against the company out of San Bernardino County and Los Angeles to U.S. District Court in San Francisco. The cases are follow-ups to the well-known Erin Brockovich lawsuit that earned a record $33 million settlement from PG&E for contaminating its surrounding groundwater with Chromium 6 leading to numerous cases of cancer in the nearby town of Hinkley, CA. PG&E filed for Chapter 11 bankruptcy in April 2001. Some of the plaintiffs’ lawyers said the request to move the case was an attempt to avoid paying $500 million in estimated damages.
Former Nurse Settles With Bridgestone and Ford
Bridgestone Corp. and The Ford Motor Co. settled, Jan. 10, the lawsuit filed by former nurse Gloria Gregory for a brain injury she suffered when Firestone tires on her Ford Explorer sport-utility vehicle allegedly failed causing a roll-over accident. According to the National Highway Safety Administration, the faulty Firestone tires made specifically for the Ford Explorer were responsible for 271 deaths and more than 700 injuries. Gregory’s is the only case concerning the recalled tires that came close to a trial. Ford officials claim Gregory was hurt because she was not wearing a seat belt.
Medical Negligence Leads to Subrogation
The California 2nd District Court of Appeals ruled, Jan. 9, that Truck Insurance Exchange was entitled to equitable subrogation by Los Angeles County for defense costs it incurred during a medical malpractice lawsuit against Santa Marta Hospital. Rose Panduro sued Santa Marta Hospital after she and her baby were injured during breech childbirth. Panduro received her prenatal care at a Los Angeles County medical clinic where they were aware that she was a high-risk patient but sent her to Santa Marta for delivery anyway. Los Angeles County and Santa Marta Hospital were both insured under the same Truck policy. The appellate court ruled that although County was an additional insured it was not protected from subrogation because the policy did not cover liability arising from County’s own negligence.
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