Hon. Elia Weinbach (Ret.)



 Hon. ELIA WEINBACH (Ret.) 



Representative Cases 

PERSONAL INJURY 



 

  • Action for compensatory and punitive damages brought by daughters of victim who was clubbed to death in a major store by a “resident” panhandler who followed victim into store

  • Action for damages arising out of a spinal injury sustained at a construction site

  • Trip and fall action against governmental entity alleging damages under Government Code section 835 and against neighbors for deviation in sidewalk. Multiple cross-complaints for indemnity, apportionment of fault, and declaratory relief.

  • Personal injury/premises liability actions involving such issues as whether property owners had actual or constructive knowledge of dangerous conditions; whether the conditions were open and obvious; whether property owners owed a duty to plaintiffs; whether the condition was a substantial factor in causing the injury; whether public entities were immune to suit.

  • Actions involving issues of trail immunity, negligent infliction of emotional distress, drunk driving

  • Actions involving the following issues: (1) whether a statute of limitations had run; (2) whether there were periods of tolling; (3) whether punitive damages were available; (4) whether the primary and/or secondary assumption of the risk applied

  • Premises liability cases regarding whether a property owner had a duty of heightened foreseeability with respect to criminal or tortuous conduct on property.

  • Premises liability cases regarding dangerous conditions, open and obvious conditions, the existence and nature of minimally burdensome duties of property owners in the absence of any heightened foreseeability duty

  • Assault and battery cases

  • Numerous motions to compel arbitration, motions to compel responses and further responses to interrogatories (form and special), document demands, requests for admission, physical and psychological examinations, motions for protective order, augment expert witness lists, to quash personal service and testing personal jurisdiction

  • Actions involving primary and secondary assumption of the risk issues

  • Numerous dog-bite, slip and fall, and trip and fall accidents in supermarket cases

  • Medical malpractice including cases involving:
     o  Malignant hyperthermia/wrongful death (anesthesiologist, surgeon, hospital)
     o  Laparascopic cholescystectomy
     o  Upper and lower blepharoplasty
     o  Misreading of an X-ray of a child who swallowed a popcorn kernel
     o  Informed consent issues
     o  Displaced intertrochanteric fracture of decedent’s left hip, followed by decubitus ulcers
     o  Hernia repair surgery with mesh implant

  • Dangerous condition of public property-Gov. C.§835

  • Negligent maintenance of public property

  • Claims of failure to supervise, public employee negligence, violation of Adult Abuse Act, professional negligence
  • Wrongful death and survivor actions

  • Slip and Fall cases
    o Public pool. Liability based on Government Codes §§815.2(A) and 835.
    o Supermarket cases

  • Trip and fall
     o  Warehouses
     o  Supermarkets

  • Falling off horse on trail

  • Minors’ claims

  • Sovereign immunity cases

  • Enforcement of settlements per §998 offers

  • Dog-bite cases

  • Stunt person injuries as a result of pyrotechnics on set

  • Truck v. car; Motorcycle v. car; Moped v. car

  • Highway design defect