The following blog entry is written to illustrate an example of an injury case. Reviewing this kind of lawsuit 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…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.) Moreover, there are significant inconsistencies in the declarations of Diana Topp and Maria Cantor. Please note, Ms. Topp’s first declaration indicates under…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.) THE MOTION FOR SUMMARY JUDGMENT SHOULD BE DENIED BECAUSE THERE ARE ISSUES OF MATERIAL FACT IN THIS CASE Summary judgment is proper…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.) THE DEFENDANT OWED A DUTY TO PLAINTIFF BECAUSE THE DOG IN QUESTION LIVED AT THE DEFENDANT’S RESIDENCE The law in this area…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.) Plaintiff, Sandy White, by and through her attorney of record hereby submits this opposition to Motion for Summary Judgment of Defendant. This…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.) Jury Misconduct As Grounds For New Trial Jury misconduct (CCP 657(2): Juror misconduct so seriously infringes on the right to a fair…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.) B. Verdict Or Other Decision Against The Law (CCP 657(6) A motion for new trial may be granted on the ground of…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this bus accident/personal injury case and its proceedings.) The court may decide to disregard a witness’ testimony because untrustworthy in light of inconsistencies and vagueness; then, weighing the remaining evidence,…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this bus accident/personal injury case and its proceedings.) THE TESTIMONY OF SANDY WHITE ESTABLISHED THAT THE DOG HAD BEEN TO DEFENDANT TOPP’S RESIDENCE AT LEAST 5-6 TIMES. a. Sandy White,…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.) TESTIMONY OF PLAINTIFF SANDY WHITE A. Testimony from plaintiff White indicated that the dog that attacked her (twice) on the day of…