In a personal injury action brought by a woman who was injured in a collision involving a brick path and a tree in front of her house, is Respondent Respondent to the injury?

California, United States of America


The following excerpt is from Contreras v. Anderson, 59 Cal.App.4th 188, 69 Cal.Rptr.2d 69 (Cal. App. 1997):

Contreras also claims that respondents are liable for her injuries because the planting strip contains a hazardous alteration that benefits their property, relying on the line of cases following Sexton v. Brooks, supra, 39 Cal.2d 153, 245 P.2d 496. Contreras did not genuinely dispute respondents' claim that they did not construct any alterations to the planting strip, including the building of the brick path and the planting of the tree. 15 Nevertheless, she contends respondents are liable for a hazardous alteration on the abutting sidewalk or planting strip benefiting their property. Contreras provided as evidence photographs of the planting strip in front of respondents' property as well as those in front of their neighbors' property. Based on these photographs, she [59 Cal.App.4th 202] argued that an alteration to the planting strip was made and that the alteration benefits respondents' property. She presented no other supporting evidence. She conceded during oral argument at the summary judgment hearing that she could not find any city records or any other evidence indicating who built the brick path or when it was built.

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the test for a plaintiff to bring a personal injury action under a statutory change in the law governing personal injury actions? (California, United States of America)
Can a plaintiff in a motor vehicle personal injury action take action against the driver of the vehicle involved in the collision, if the original complaint does not name the driver? (California, United States of America)
When a personal representative is substituted as a party to a personal injury action, is the personal representative required to present a claim under section 709 of the California Motor Vehicle Act? (California, United States of America)
What are some examples of high-profile personal injury cases involving personal injury? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
What is the test for a motion to recover costs from Respondent Respondent to Respondent in a personal injury case? (California, United States of America)
In a personal injury action, how have attorney fees been awarded in personal injury cases? (California, United States of America)
Is a tort action for bad faith and fair dealing an action for personal injury? (California, United States of America)
Does the doctrine of estoppel apply in a personal injury action brought by a plaintiff who suffered from interspousal disability? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.