New CA Torts Case

Is an injured school district volunteer limited to workers’ compensation damages?

Last month, the California Court of Appeal addressed this issue. Below is my one-paragraph summary of this new decision:

Kuo v. Dublin Unified School Dist. (2025) _ Cal.App.5th _, 2025 WL 783206: The Court of Appeal affirmed the trial court’s order granting defendant’s motion for summary judgment in plaintiffs’ action alleging the wrongful death of decedent Catherine Kuo after she was crushed between two vehicles while volunteering for a middle school program called the “Farmers to Families Food Box Program.” The trial court properly granted the motion for summary judgment. The Court of Appeal concluded that fatal injuries unambiguously fell into the category of “any injury” according to the plain meaning of Labor Code section 3364.5. Moreover, decedent was deemed an employee entitled to workers’ compensation benefits because defendant adopted a resolution stating, “in accordance with S...

New CA Tort Case

Can a plaintiff recover emotional distress damages under Dillon v. Legg if, at the
time of the car crash, she was not aware of the causal connection between
her daughter's injuries and the defendants' alleged negligence? 

Last month, the California Supreme Court addressed this issue. Below is my one-paragraph summary of this new decision:

Downey v. City of Riverside (2024) _ Cal.5th _ , 2024 WL 3491142: The California Supreme Court reversed the Court of Appeal’s order affirming the trial court’s orders sustaining defendants’ demurrer, without leave to amend, to plaintiff’s complaint alleging negligence under Dillon v. Legg (1968) 68 Cal.2d 728 (Dillon). Plaintiff, the mother of daughter Jayde Downey, was giving driving directions to her daughter over a cell phone and heard the event when her daughter was severely injured in a car crash. The trial court, and later the Court of Appeal, concluded that plaintiff could not recover emotional distress damages against the defen...