Farmers v. Z* (c021079) _ C.A.rth _ (2-27-97) The court held that Farmers could not sue the personal injury attorney for failure to pay medical payments coverage reimbursement out of personal injury settlement. THe court held that the client was the only person who had a contract with Farmers and that no cause of action for constructive trust or other theory would lie against the personal injury attorney.

BY STANDER LIABILITY (DILLON)
On April 10, 1997 the CA 1st held that a Dillon claim would lie where the family members did not see the injury (furniture crushing a child) but where they sensed them with one of their non-visual senses, & also that the furniture crushing the child was on-going when they arrived. Ordered Depublished (B106956).

ATTORNEY CLIENT FINANCIAL RELATIONSHIPS
An attorney who bargains for stock in client company cannot enforce bargain without ensuring that there is independent representation for client.

The attorney in this case was promised 3% of Upper Deck which 3% may now be worth $33 million. However because he failed to advise the company it might want to consult with another attorney before making him the deal the CA4th agreed with the trial judge who overturned the $33 m judgment in his favor. Passante v. McWilliam (G014752)

David Singer v. State Farm (97 DAR 6468, 5-21-97)
The Ninth Circuit held that a cause of action was stated against State Farm in an uninsured motorist case when State Farm delayed paying the policy limits of $30,000 until the day before arbitration, in a case where the damages were clearly in excess of $30,000.

EMPLOYER NOT LIABLE WHEN EMPLOYEE WORKS DOUBLE SHIFT AND KILLS MOTORIST ON THE WAY HOME

LUCY L. DEPEW v. CROCODILE, (4-22-1998)
The CA 2d held working double shift was not a special risk which would make the employer liable for injuries caused by an employee on the way home.