Dangerous Condition, Dangerous Precedent: California Supreme Court Expands Scope of Dangerous Condition Liability Involving Third Party Negligent/Criminal Conduct
August 19, 2015 —
R. Bryan Martin, Laura C. Williams, & Lawrence S. Zucker II – Haight Brown & Bonesteel LLPIn Cordova v. City of Los Angeles (filed 8/13/15, Case No. S208130), the California Supreme Court held a government entity is not categorically immune from liability where the plaintiff alleges a dangerous condition of public property caused the plaintiff’s injury, but did not cause the third party conduct which precipitated the accident.
The case arises out of a traffic collision by which the negligent driving of a third party motorist caused another car to careen into a tree planted in the center median owned and maintained by the City of Los Angeles (“City”). Of the four occupants in the car that collided with the tree, three died and the fourth was badly injured. The parents of two of the occupants sued the City for a dangerous condition of public property under Government Code Section 835. The plaintiffs alleged the roadway was in a dangerous condition because the trees in the median were too close to the traveling portion of the road, posing an unreasonable risk of harm to motorists who might lose control of their vehicles.
The City successfully moved for summary judgment, which plaintiffs appealed. On review, the Court of Appeal affirmed holding the tree was not a dangerous condition as a matter of law because there was no evidence that the tree had contributed to the criminally negligent driving of the third party motorist.
Reprinted courtesy of Haight Brown & Bonesteel LLP attorneys
R. Bryan Martin,
Laura C. Williams and
Lawrence S. Zucker II
Mr. Martin may be contacted at bmartin@hbblaw.com
Ms. Williams may be contacted at lwilliams@hbblaw.com
And Mr. Zucker may be contacted at lzucker@hbblaw.com
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Report: Construction Firms Could Better Protect Workers From Noise Hazards
April 17, 2019 —
Joanna Masterson - Construction ExecutiveGiven that about three-quarters of construction workers are exposed to noise levels above the recommended limit, 83 percent of the 237 contractors surveyed for a new Dodge Data & Analytics SmartMarket Brief say they’ve purchased quieter equipment, yet well over half of those firms report their company could do better.
Additionally, 85 percent of contractors report using hearing protection onsite more than 50 percent of the time, yet less than half say they always use it, suggesting a significant opportunity for improvement in the industry. Digging deeper, the survey determined small companies lag behind large and midsize ones in the use of hearing protection. Also, half of general contractors report always using hearing protection, compared to about one-third of trade contractors.
Reprinted courtesy of
Joanna Masterson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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What I Learned at My First NAWIC National Conference
September 25, 2023 —
Ivette Kincaid - Kahana FeldOn August 9-12, 2023, I attend my first National Association of Women in Construction (“NAWIC”) National Conference in beautiful Portland, Oregon. What is NAWIC, you ask? NAWIC originated as Women in Construction of Fort Worth, Texas and was founded in 1953 by sixteen women in the construction industry. Knowing that back then women only represented a fraction of the construction industry, the founders organized to create a support network for women to work in a male dominated field. The organization has grown by leaps and bounds and now consists of 115 chapters throughout the United States.
NAWIC’s core purpose is to “Strengthen and amplify the success of women in the construction industry.”
I joined this organization in December of 2022 at the suggestion of my law partner Jason Feld. Before Jason’s suggestion I had never heard of NAWIC. I joined the Orange County chapter and attended my first meeting in December and did not look back. In NAWIC I found a group of women kindred spirits in whom a found a commonality of interests, experiences, and goals. This is an organization that provides support, encouragement, education, and advocacy for women in all aspects of the construction industry. It also provides an outlet to share ideas, network and build relationships. I am happy to report that on September 12, 2023, I will be installed as one of the directors of the Orange County Chapter.
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Ivette Kincaid, Kahana FeldMs. Kincaid may be contacted at
ikincaid@kahanafeld.com
Real Estate & Construction News Roundup (07/05/23) – A Hospitality Strike in Southern California, Agencies Step in With Lenders and the Social in ESG
August 14, 2023 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, we see promising developments for climate change action in commercial real estate, how homeowners are reacting to new energy concerns, the fallout of the U.S. debt ceiling fight on global M&A deals, and more!
- There are new ways the commercial real estate sector can grow its commitment to climate goals and contributions to reducing its carbon footprint. (Mahesh Ramanujam, Forbes)
- Thousands of hospitality workers in Southern California went on strike to demand higher wages, access to affordable family health care benefits and stronger workplace protections. (Julianne McShane, NBC)
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Pillsbury's Construction & Real Estate Law Team
Remembering Joseph H. Foster
April 20, 2016 —
White & Williams LLPWe are saddened to share the news of the loss of our longtime partner and good friend, Joseph H. Foster.
Mr. Foster was a nationally recognized trial attorney who began his career at White and Williams LLP in 1958, becoming a partner in 1963, and continued to practice law, coming into the office every day, until he was hospitalized before his passing. A true giant in the Pennsylvania legal community, Joe exemplified the best of the legal profession and was widely admired and respected among the bar and bench for his lasting and impactful contributions.
Mr. Foster served as the Chair of the Litigation Department and a member of the firm’s Executive Committee. During his tenure at White and Williams, he grew to become one of the most respected trial lawyers in Pennsylvania. He promoted a culture of excellence in client services and was the proverbial lawyer’s lawyer, treating his adversaries with courtesy and respect and always looking to find justice in the matters he handled. He was active in training at the firm, mentoring generations of trial lawyers and personally moving for the admission of hundreds of new attorneys at the firm, including an annual ceremony in Federal Court.
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White & Williams LLP
Traub Lieberman Attorneys Recognized as 2021 Top Lawyers by Hudson Valley Magazine
February 08, 2021 —
Traub LiebermanThirteen Traub Lieberman attorneys have been named 2021 Top Lawyers by Hudson Valley magazine. The honored attorneys represent the firm's Hawthorne New York office and six practice areas.
Hudson Valley magazine uses online peer-voting and an internet search process to select outstanding lawyers from more than 30 practice areas, who have attained a high degree of peer recognition and professional achievement.
"We are very proud of all of our attorneys for being recognized as among the top lawyers in the Hudson Valley,” said Partner and Vice-Chair Lisa Shrewsberry.
Related Attorneys:
Sara Kiridly,
Mario Castellitto,
Colleen E. Hastie,
Timothy G. McNamara,
Robert S. Nobel,
Richard J. Rogers,
Adam Krauss,
Taylor C. Eagan,
Stephen D. Straus,
Lisa L. Shrewsberry,
Lisa M. Rolle,
Jonathan R. Harwood,
Hillary J. Raimondi Read the court decisionRead the full story...Reprinted courtesy of
Traub Lieberman
Haight Welcomes Robert S. Rucci
August 26, 2015 —
Robert S. Rucci – Haight Brown & Bonesteel LLPHaight Brown & Bonesteel LLP welcomes new partner Robert S. Rucci. Mr. Rucci joins Haight’s San Diego office in the Construction Law, General Liability and Risk Management & Insurance Law Practice Groups. For 25 years, Mr. Rucci has specialized in defending design professionals, businesses and their employees in addition to representing clients against declaratory relief, breach of contract and bad faith litigation. During his career, he has tried 60 cases to defense verdict and successfully resolved countless matters via mediation, arbitration and settlement conference. His extensive litigation experience is invaluable to our clients.
Haight Brown & Bonesteel LLP
402 West Broadway
Suite 1850
San Diego, CA 92101
www.hbblaw.com
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Robert S. Rucci, Haight Brown & Bonesteel LLPMr. Rucci may be contacted at
rrucci@hbblaw.com
URGENT: 'Catching Some Hell': Hurricane Michael Slams Into Florida
October 16, 2018 —
Associated Press (Jay Reeves & Brendan Farrington) - BloombergPanama City, Fla. (AP) -- Powerful Hurricane Michael slammed into the Florida Panhandle with terrifying winds of 155 mph Wednesday, splintering homes and submerging neighborhoods before continuing its destructive march inland across the Southeast. It was the most powerful hurricane to hit the continental U.S. in nearly 50 years and at least one death was reported during its passage.
Supercharged by abnormally warm waters of the Gulf of Mexico, the Category 4 storm crashed ashore in the early afternoon near Mexico Beach, a tourist town about midway along the Panhandle, a 200-mile (320-kilometer) stretch of white-sand beach resorts, fishing towns and military bases. After it ravaged the Panhandle, Michael entered south Georgia as a Category 3 hurricane — the most powerful in recorded history for that part of the neighboring state.
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Bloomberg