Personal Injury Lawyer Blog
The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this boating accident/brain injury lawsuit and its proceedings.)
THERE WILL BE A DAMAGES TRIAL REGARDING DEFENDANT WHITE
Irrespective of Mr. White’s Insurance situation the fact is that Mr. White remains a defendant, and the jury will in all likelihood find him liable to some extent. This guarantees a damages trial no matter what happens with the product liability defendants.
There will therefore be two trials under any circumstances. Another factor to consider is that there will be additional time necessary to prepare for and begin a second trial on damages, even if it is only as to Defendant White. Plaintiffs obviously do not know in advance when the jury will complete deliberations, and therefore will not be able to schedule their physicians and other damages experts to appear at the drop of a hat. Most of the damages trial witnesses are physicians and other professionals whose calendars will need to be consulted in order to arrange the proper order of witnesses. This process will certainly increase the time needed to try this matter to conclusion, rather than saving any time.
THERE WILL VERY LIKELY BE A DAMAGES TRIAL AS TO THE PRODUCT LIABILITY DEFENDANTS
Plaintiffs allege defects in manufacture and design of the subject boat, including failure to warn, as to Defendants National. The subject boat was defectively designed, in that it specifically allowed users to carry 18 persons on board, which was clearly excessive.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The design of the boat did not prevent it from “swamping” (taking on water) at a critical time when loaded to capacity. Despite ample opportunities to provide and post regulatory and warning signs on the boat, National failed to do so. The boat itself bears no fewer than 21 regulatory or warning signs. Yet National posted not one sign anywhere on the boat letting the operator or passengers know about the possible risk of having too many people in the bow, or even defining seating limits for the bow or any other part of the boat. (See Part 5 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.