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.

Wood v. Sparks Enterprises LP (Oct. 2, 2019, G056181) 2019 WL 4854837 (nonpublished opinion)

Plaintiff filed a negligence action against GMSR’s client, a shopping center owner, alleging that he was injured when he walked into a pole in a landscaped area separating a parking lot from the sidewalk.  A jury found in favor of the property owner.  Plaintiff appealed,

Court of Appeal affirms judgment for GMSR’s property owner client

Plaintiff filed a negligence action against GMSR’s client, a shopping center owner, alleging that he was injured when he walked into a pole in a landscaped area separating a parking lot from the sidewalk.  A jury found in favor of the property owner.  Plaintiff appealed,

Patton v. Southern California Edison Company (Sept. 17, 2019, B282640) 2019 WL 4439661 (nonpublished opinion)

Plaintiffs’ mother was struck by a car while crossing a street near a streetlight that was cycling on and off.  GMSR’s client, Southern California Edison, serviced the streetlight.  Plaintiffs sued, alleging that Edison negligently failed to keep the streetlight working properly.  On summary judgment, the

Court of Appeal grants motion to dismiss appeal from summary judgment in favor of GMSR’s utility client

Plaintiffs’ mother was struck by a car while crossing a street near a streetlight that was cycling on and off.  GMSR’s client, Southern California Edison, serviced the streetlight.  Plaintiffs sued, alleging that Edison negligently failed to keep the streetlight working properly.  On summary judgment, the

Daniels v. Southern California Edison Co. (No. E069183, July 8, 2019) 2019 WL 2912505

A firefighter was electrocuted when he touched the firetruck he was working on at the same time his crewmember rotated the truck’s aerial ladder into a 25-foot-high power line owned by GMSR’s client, Southern California Edison.  The firefighter sued, alleging that Edison negligently failed to

Court of Appeal affirms judgment for GMSR’s utility client, finding no basis for liability following firefighter’s accident.

A firefighter was electrocuted when he touched the firetruck he was working on at the same time his crewmember rotated the truck’s aerial ladder into a 25-foot-high power line owned by GMSR’s client, Southern California Edison.  The firefighter sued, alleging that Edison negligently failed to

Himelsein Mandel Fund Management, LLC et al. v. Fortress Investment Group, LLC et al. (Cal. Ct. App., Mar. 28, 2019, No. B281210) 2019 WL 1395963.

GMSR’s clients sued their lender for destroying their business by reneging on a promise to provide additional funding.  The lender cross-complained for an alleged $113 million deficiency following foreclosure on the security for its loans.  The trial court rejected the clients’ demand for a jury. 

Court of Appeal reverses denial of jury trial, refusing to apply New York law

GMSR’s clients sued their lender for destroying their business by reneging on a promise to provide additional funding.  The lender cross-complained for an alleged $113 million deficiency following foreclosure on the security for its loans.  The trial court rejected the clients’ demand for a jury. 

Pryor et al. v. Fitness International, LLC (Jan. 3, 2019, No. B287329) [2019 Cal. App. Unpub. LEXIS 48]

An employee of GMSR’s client, a health club, took heroin during his work-shift.  Finding him no longer fit to perform his job, the health club’s manager ordered him to leave the premises.  The intoxicated employee then drove away from the club striking and mortally injuring

Employer owes no duty to the general public to keep drug-addled employee at work through the end of his shift or to prevent him from driving intoxicated after being told to leave the premises.

An employee of GMSR’s client, a health club, took heroin during his work-shift.  Finding him no longer fit to perform his job, the health club’s manager ordered him to leave the premises.  The intoxicated employee then drove away from the club striking and mortally injuring

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.

Read More
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.

Read More
BUSINESSES

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

Read More
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.

Read More
INDIVIDUALS

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

Read More