(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.) STANDARD FOR A JUDGMENT NOTWITHSTADING THE VERDICT A Judgment Notwithstanding the Verdict (hereinafter “JNOV”) challenges the legal sufficiency of the evidence, essentially…
(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.) ALLOWING TESTIMONY, WITHOUT PROPER FOUNDATION, AMOUNTED TO ERROR OF LAW [C.C.P. §657 subds. 1 and 7.1 The following witnesses were erroneously permitted…
(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.) THIS MOTION SEEKS TO EXCLUDE TESTIMONY WHICH WOULD MISELEAD THE JURY. THE VIEOS AND ANIMATIONS AND NIGHTTIME PHOTOGRAPHY THE DEFENSE AND THEIR…
(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.) Prior to this catastrophic car crash, Ella Lee, a mother and grandmother, had a functional life filled with the typical array of…
(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.) Prior to this catastrophic car crash, Ella Lee, a mother and grandmother, had a functional life filled with the typical array of…
(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 well-established standard for the trial court’s determination of sufficiency of the evidence was set forth by the California Supreme Court, In…
(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.) POINTS AND AUTHORITIES THE EVIDENCE WAS INSUFFICIENT TO JUSTIFY THE VERDICT [C.C.P. SECTION 657 SUBD. 6.] AND AS A RESULT DAMAGES WERE…
(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.) From his own testimony, Choo froze, bringing his vehicle to a stop as it straddled the #2 lane (slow lane) on 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.) Ella Lee has been fully evaluated by many top independent medical experts to assess her brain injury, and has had a Life…
(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.) Points and Authorities in Support of Plaintiff’s Motion for a New Trial INTRODUCTION This case is admittedly one of contested damages and,…