Civil Action Podcast

31. Trail Immunity; Standard for Gross Negligence; The Discovery Rule and Fair Debt Collections Act; Single Employer Doctrine

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31. Trail Immunity; Standard for Gross Negligence; The Discovery Rule and Fair Debt Collections Act; Single Employer Doctrine
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Brian and Shant discuss the following cases:

Loeb v. County of San Diego: Plaintiff was in a county park campground and was injured on an uneven pathway.  The county argued Trail Immunity and the court focused on whether the pathway had a dual purpose.

Kim v. Laguna Seca Raceway: Plaintiff signed a release to ride his motorcycle at the raceway and was subsequently injured.  In a possible attempt to overcome the release, Plaintiff filed a motion for summary judgment for gross negligence.  The court looked to whether professional racing standards can be used as a factor in attaching liability.

Rotkiske v. Klem: Klem obtained a default judgment on a collection against Rotkiske who claims he didn’t learn about it until he attempts to refinance his home.  Rotkiske raised the Discovery Rule and whether it applies after the statute of limitation of one year expired on Rotkiske’s action.

Mutasas v. Happy Valley Copy Center: An intern of a conference center belonging to the Community of Christ Church claims sexual harassment from the director of the conference center.  The court looks to the Single Employer Doctrine and the integrated enterprises test to determine whether employment relationship exists.

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