(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury case and its proceedings.) THE COURT SHOULD NOT ORDER BIFURCATION ON ITS OWN MOTION Although defendants motion is untimely as discussed above, the Court retains discretion to…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury case and its proceedings.) DEFENDANTS’ MOTION IS UNTIMELY Code of Civil Procedure § 598 provides that a motion to bifurcate brought by a party must be noticed…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury case and its proceedings.) Mr. Santoro suffered a severe skull fracture, which caused substantial bleeding, bruising and swelling in his brain. He was in a coma, near…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury case and its proceedings.) INTRODUCTION/SUMMARY OF FACTS cont. Defendants’ own police procedures expert has testified that it was improper for Officer Doe to fail to notify dispatch…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) Relatedly, the courts have recognized that the potential for jury confusion and prejudice is particularly acute in cases like this one, where the plaintiff proposes to…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury case and its proceedings.) Plaintiff’s Opposition to Defendants’ Motion to Bifurcate Liability from Damages INTRODUCTION/SUMMARY OF FACTS The plaintiff, James Santoro, is a 28 year old life…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) The Kentucky Supreme Court reversed a punitive damages award and remanded for a new trial in a suit against an insurance company alleged to have made…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) H. Universal Fails to Negate Plaintiffs’ Fraud/Conspiracy and Punitive Damages Claims To satisfy its initial burden, Universal must either negate a necessary element of each of…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this personal injury case and its proceedings.) 3. Other cases Holdgrafer is far from the only post-State Farm appellate decision vacating a punitive award after holding that other acts evidence was improperly admitted.…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) G. Universal Fails to Negate Plaintiffs’ Premises Liability Claims Universal fails to show any lack of proof that it: (1) required the use of any asbestos-containing…