(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) Use of the res ipsa loquitur doctrine is especially suited to a medical or dental malpractice setting in which an unwitting and…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) GENUINE TRIABLE ISSUES OF FACT EXIST SUFFICIENT TO JUSTIFY THE COURT’S DENIAL OF DEFENDANT UNIVERSAL MALL’S MOTION FOR SUMMARY JUDGMENT In…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/personal injury case and its proceedings.) MEMORANDUM OF POINTS AND AUTHORITIES BACKGROUND Plaintiffs’ decedent suffered a stroke in 2001. She was hospitalized through February 19, 2002 when she…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) Plaintiff’s Injury Is Not the Type That Occurs Absent Negligence on the Part of the Defendants. Thus, the Burden of Persuasion Shifts…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment/personal injury case and its proceedings.) ARGUMENT The plaintiff has stated sufficient facts of discrimination in employment, (First Cause of Action), intentional infliction of severe emotional distress, (Second…
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 present such issues to the court. (Please note: the names and locations of all parties have been changed to protect the confidentiality…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this slip and fall/personal injury case and its proceedings.) In Delk v. Mobilehomes, Inc. (1953) 118 Cal.App.2d 529, the plaintiff was injured while doing work underneath a mobile home belonging…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/birth injury case and its proceedings.) PRINCIPLES REGARDING OSTENSIBLE AGENCY In California, an agency relationship between a principal and an agent can be actual or ostensible. (Civ. Code,…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) It is worth noting that situations similar to those described in this case could just as easily occur at any of the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) In the instant case, Plaintiff’s theory of the liability of Defendant Universal Mall is neither based upon or determined by the…