Tort Litigation

GMSR’s appellate work has been on the leading edge of important tort issues, running the gamut from duty to breach to causation and damages.  GMSR’s substantive experience includes personal injury, property damage, fraud and misrepresentation, products liability, landowner liability, vicarious liability, defamation and invasion of privacy, and construction defects.

Jan 19, 2010 Related Cases
Holmes v. Tsou (Jan. 19, 2010, B204745) 2010 WL 161489 [nonpublished opinion]

Plaintiff sought treatment for her fractured wrist from GMSR’s client, defendant orthopedist. The orthopedist concluded that surgery was not a reasonable option for her, performed a nonsurgical procedure instead and never discussed surgery with her. Plaintiff then sued the orthopedist, alleging that he was negligent

Cabral v. Ralphs Grocery Company (2009) 179 Cal.App.4th 1

Wrongful death action arising from collision with truck stopped next to freeway

Apr 23, 2008 Related Cases
Unruh-Haxton v. Regents of University of Cal. (2008) 162 Cal.App.4th 343

Action by fertility patients for unconsented use of genetic material

Perrillo v. Picco & Presley (2007) 157 Cal.App.4th 914

Workers’ compensation award is medical expert’s exclusive remedy for medical-legal services that overlap workers’ compensation and civil cases

Dec 05, 2007 Related Cases
OCM Principal Opportunities Fund v. CIBC World Markets Corp. (2007) 157 Cal.App.4th 835

Interpretation of allegedly ambiguous jury verdict

Sep 25, 2007 Related Cases
Vasquez v. County of Los Angeles (Sept. 25, 2007, B192189) 2007 WL 2773847 [nonpublished opinion]

Action by decedent’s family against county for failure to preserve body

Herzlich v. Los Angeles County Metropolitian Transp. Authority (Dec. 11, 2006, B184926) 2006 WL 3579295 [nonpublished opinion]

MTA not liable for injury caused by third party

Nov 21, 2006 Related Cases
Fields v. Yusuf (2006) 144 Cal.App.4th 1381

Medical malpractice/foreign object – res ipsa, captain of the ship, non-delegable duty

Fuller-Austin Insulation Co. v. Highlands Ins. Company (2006) 135 Cal.App.4th 958

Reversal of $100-plus million, involving extent to which stipulated bankruptcy settlement of asbestos claims could be enforced against bankrupt defendant’s excess insurers

Boyer v. Jensen (2005) 129 Cal.App.4th 62

When an employer is sued under respondeat superior for an employee’s tort, Boyer protects the employer’s statute of limitations defense from waiver by the employee

Who We Serve

PUBLIC ENTITIES

Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.

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INSURERS

Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.

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BUSINESSES

GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.

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TRIAL COUNSEL

The firm’s lawyers are team players, collaborating with trial counsel at any level from legal strategy to writing or editing trial court motions and appellate briefs.

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INDIVIDUALS

GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.

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COMMUNITY PRO BONO

As part of GMSR’s long-standing commitment to social justice and equality, GMSR provides pro bono appellate services to individuals and to community organizations on issues of concern.

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