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Case Summaries

Injury & Tort Law

[08/10] Towery v. State of California
Affirming the determination, in the case of a man who caught valley fever while incarcerated in a state prison, that the State is immune from liability against a Bane Act cause of action because, subject to exceptions not relevant to the claim, a public entity is not liable for an injury to any prisoner.

[08/10] Parrish v. Watkins
Affirming the Court of Appeals determination that while a case's success after a hearing on the merits typically forecloses subsequent malicious prosecution claims; a case that survives a motion for summary judgment but is determined to have been brought in bad faith after trial does not foreclose malicious prosecution actions under the interim adverse judgment rule.

[08/10] Parrish v. Watkins
Affirming the Court of Appeals determination that while a case's success after a hearing on the merits typically forecloses subsequent malicious prosecution claims; a case that survives a motion for summary judgment but is determined to have been brought in bad faith after trial does not foreclose malicious prosecution actions under the interim adverse judgment rule.

[07/27] Toeppe v. City of San Diego
Reversing the final judgment following a motion for summary judgment by the defendant city in the case of an injury that occurred when a tree branch fell on a woman walking through a city park because trail immunity did not apply and a disputed issue of material fact existed as to where the woman was when the tree branch struck her.

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