(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) Assuming that inadmissible hearsay utilized by an expert to form an opinion is presented, an inquiry into the prejudicial effect of such…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) Defendant’s Analogy Can Be Readily Distinguished From This Brain Injury Case Defendant provides an example by way of reference to In re…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) THE NIGHT TIME PHOTOGRAPHS AND VIDEOTAPING ARE MISLEADING AS TO THE ACTUAL LIGHTING, WHAT THE PARTIES COULD SEE AND NOT SEE, AND…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) After plaintiff’s counsel’s objection was overruled and Dr. Bend testified, she requested to call Ms. Simms in rebuttal. A hearing was held…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) As to Defendant’s seven purported “false assumptions” that supposedly make the evidence presented in this traumatic brain injury case “insignificant,” the Plaintiff…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) Evidence Code § 402 allows the Court to hear and determine the question of the admissibility of evidence outside the presence or…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) Dr. Bend’s testimony: Neuropsychological Testing Administered by Student Molly Simms: During the trial, plaintiff timely objected to Dr. Bend expressing any opinion…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) THE VERDICT WAS SUPPORTED BY SUBSTANTIAL EVIDENCE Defendant contends that a miscarriage of justice will be had in this case if the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) Further, a judgment notwithstanding the verdict can be sustained only when it can be said as a matter of law that no…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) Officer King: His Opinion on the Magnitude of the Collisions: Defendant called Officer Ben King. Because plaintiff’s counsel questioned his capacity to…