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California Supreme Court Cases
In the California Supreme Court, Mr. Smith has briefed and argued the following cases: Grisham v. Philip Morris, U.S.A., Inc. (2007) 40 Cal. 4th 623 (the statutes of limitation for separate injuries are triggered by the separate manifestation of each injury). Shin v. Ahn (2007) 42 Cal.4th 482 (golfer who fails to look to see if fairway is clear before teeing off is reckless and cannot invoke the primary assumption of risk defense). Elsner v. Uveges (2004) 34 Cal. 4th 915 (Labor Code section 6304.5 makes OSHA standards admissible to prove a contractor' s duty). Miller v. Department of Corrections (2005) 36 Cal. 4th 446 (supervisors sexual activities with other female employees created actionable hostile environment and retaliation for female plaintiffs). Donaldson v. National Marine, Inc. (2005) 35 Cal.4th 503 (California courts may consider asbestos claims arising under the Jones Act in other states). Kinsman v.Unocal Corp. (2005) 37 Cal. 4th 659 (landowner has duty to warn of hazardous asbestos materials installed on property). Simon v. San Paolo U.S. Holding Co., Inc. (2005) 35 Cal. 4th 1159 (punitive damages may take account of plaintiff' s uncompensated harm). Myers v. Philip Morris Companies, Inc. (2002) 28 Cal. 4th 828 (smokers may recover for tobacco company misconduct before enactment of statutory immunity in 1988). Salgado v. County of Los Angeles (1998) 19 Cal. 4th 629. Salgado ruled that an award for a medical malpractice plaintiff' s pain and suffering constitutes a present lump sum that may not be distributed in periodic payments over the plaintiff' s lifetime. Munoz v. Olin (1979) 24 Cal.3d 629 (arson investigator may not use deadly force to apprehend fleeing arson suspect). Dawkins v. City of Los Angeles (1978) 22 Cal.3d 126 (police had probable cause to detain suspect).
Daniel U. Smith,
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