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Intentional Tort Cases
 

 

Venue: San Francisco County

Jury Verdict/Result: Summary Judgment

Case Name: Fullah v. Stonestown Galleria, Sam Goody's

Description: Plaintiff was a patron of a record store at a mall in San Francisco. He was asked to leave the store following a verbal altercation with the store manager, originally alleged to be a physical fight. Plaintiff was later arrested by mall security and taken into custody by the San Francisco Police Department. He sued the store and the mall alleging (1) assault and battery; (2) false imprisonment; (3) negligence; (4) intentional infliction of emotional distress; (5) negligent hiring; (6) negligent infliction of emotional distress. Summary judgment was obtained for our client, Sam Goody's, on the grounds that (1) reports to police are privileged, (2) the qualified privilege of a common interest report, and (3) the plaintiff's deposition testimony contradicted the allegations in the complaint of intentional torts, including false imprisonment, assault & battery, and intentional infliction of emotional distress.

Articles

Drafting Enforceable Sports and Recreation Waiver and Release Agreements

Formation of Sports and Recreation Waiver and Release Agreements in California

Avoiding Express Assumption of the Risk: Common Contract Defenses and Alternate Theories of Liability in California


Sample Cases

McAvoy v. Sears Point International Raceway and American Motorcycle Federation
Plaintiff was rendered paraplegic when his motorcycle impacted a restraining barrier on the track.

Ford, Andrada et al. v. County of Alameda, Alameda County Fairgrounds
Plaintiffs were patrons of the Alameda County Fair on July 4, 1998 when a gang gun battle broke out on the midway resulting in serious gunshot and stampeding injuries to multiple Fair patrons.

Stanley v. County of Napa, Franciscan Vineyards
Plaintiff, an attorney, sustained major head and other injuries when he fell from his bicycle after it hit a culvert at the intersection of a county road and the driveway to our client's winery.

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