Category: Appeals

Ninth Circuit Reinstates Suit Against Federal Officials for Deaths of Two Boys

In a published decision, the Ninth Circuit has reversed the dismissal of tort claims brought against federal officials for their failure to prevent the deaths of two boys who were killed when a tree limb fell onto their tent in Yosemite National Park. Martin represented the plaintiffs on appeal.

Elder Abuse Judgment Affirmed

The Court of Appeal has affirmed a $1.6 million elder abuse judgment in favor of Martin’s clients for the wrongful death of their mother caused by the reckless neglect of a skilled nursing facility.

Judgment in Truck Rollover Reversed Again

Martin has won a second reversal for the plaintiff in a wrongful death case involving a water truck rollover. In a prior appeal, the Court of Appeal reversed a judgment in favor of the defendant due to jury instruction and evidentiary errors. In the appeal decided today, the Court of Appeal reversed another judgment because the jury rendered a compromise verdict and the court gave a defective special verdict form.