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Legal Opinion

Modisette v. Apple Inc.

California Court of Appeal, 5th District

Decided December 14, 2018No. H044811PublishedCited by 19 opinions

1Opinion of the CourtDanner, J.

*213*139Bethany and James Modisette, along with their daughter Isabella, sued Apple Inc. after they were seriously injured, and their daughter Moriah was killed, when a driver using the FaceTime application on his iPhone crashed into their car on a Texas highway. The trial court sustained Apple's demurrer to the Modisettes' first amended complaint and dismissed the action. The Modisettes appeal from the judgment.

We determine that the trial court properly sustained the demurrer without leave to amend. Regarding the Modisettes' negligence claims, we conclude that Apple did not owe the Modisettes a…

2Cases cited36 opinions

  1. Rowland v. ChristianCalifornia Supreme Court · 1968
  2. Riley v. Cal. United StatesSupreme Court of the United States · 2014
  3. Carpenter v. United StatesSupreme Court of the United States · 2018
  4. Merrill v. Navegar, Inc.California Supreme Court · 2001
  5. Hughes v. PairCalifornia Supreme Court · 2009

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3Cited by19 opinions

  1. MAYNARD v. SNAPCHAT, INCSupreme Court of Georgia · 2022
  2. Summers v. Colette, California Court of Appeal, 5th District2019
  3. Fisher v. FisherCalifornia Court of Appeal · 2026
  4. Hughes v. Apple, Inc.District Court, N.D. California · 2024
  5. James Steinle v. United StatesCourt of Appeals for the Ninth Circuit · 2021

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