The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court. (Please note: the names and locations of all parties have been changed…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.) The Evidence Demonstrates Triable Issues Of Whether Defendant Dr. Lee Breached the Standard of Care And Whether She Caused George Jackson’s Brain…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.) The Ross declaration is equally week on the issue of causation. The defense expert asserts that the few minutes of delay in…
The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court. (Please note: the names and locations of all parties have been changed…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.) The Richard Green Declaration is Insufficient To Support Summary Judgment If the defendant relies upon expert testimony to meet its burden of…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.) The Defendant’s Separate Statement Fails to Include Citations to Evidence that Support the Assertions Another flaw of the defendant’s Separate Statement is…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.) The appellate courts have emphasized that a defendant’s failure to provide a foundation for the documents on which it is relying will…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.) The Defendant Failed to Meet Her Threshold Burden of Proving that She is Entitled to Summary Judgment The Evidence Upon Which the…
The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court. (Please note: the names and locations of all parties have been changed…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.) The plaintiff has no burden to show a triable issue if the defendant failed to meet its initial burden of showing by…