(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.) Assuming For Argument’s Sake That This Court Finds That Dr. Lee Has Met His Initial Burden of Proof, Plaintiff Has Demonstrated The…
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 in personal injury cases present such issues to the court. (Please note: the names and locations of all parties have been changed…
(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 its brief, Defendant cites the case of Kasparian v. Avalonbay Communities. Inc. (2007) 156 Cal.App. 4th 11, 66 Cal.Rptr. 3d…
(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.) Plaintiffs’ Opposition to Demurrer of Defendant Nationwide Skilled Nursing Facility and Memorandum of Points and Authorities Plaintiffs file their Opposition to Demurrer…
(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.) The actual causation is their denial to allow their employees to marry any person by their employment contract. Their reasons for the…
(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.) The Barragan Court recognized that a wrongful life action exists in favor of the plaintiff child where the child proves the defendant…
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.) The court in Johnson v. Superior Court, supra, confirmed the Kelly court’s holding and rationale. It held: [A]n expert’s opinion rendered without…
(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.) DR. SMITH During the course of plaintiff’s surgery on June 16th, Dr. Smith placed surgical clamps in the area of the bifurcation…
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 in personal injury cases present such issues to the court. (Please note: the names and locations of all parties have been changed…
(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.) Universal Mall argues that its summary judgment motion should be granted because Plaintiff cannot prove that it owed a duty of…