The following blog entry is written from a defendant’s position during the early stages of litigation. 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…
(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.) Dr. Bend’s testimony: Neuropsychological Testing Administered by Student Molly Simms: During the trial, plaintiff timely objected to Dr. Bend expressing any opinion…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) PLAINTIFFS CONCEDE THAT PLAINTIFF’S SECOND CAUSE OF ACTION FOR NEGLIGENCE IS DUPLICATIVE OF PLAINTIFF’S EIGHTH CAUSE OF ACTION FOR PROFESSIONAL NEGLIGENCE AS…
(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 VERDICT WAS SUPPORTED BY SUBSTANTIAL EVIDENCE Defendant contends that a miscarriage of justice will be had in this case if 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.) Further, a judgment notwithstanding the verdict can be sustained only when it can be said as a matter of law that no…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.) LEGAL ARGUMENT Plaintiffs Are Entitled to an Order Compelling Responses To Special Interrogatories Code of Civil Procedure section 2030(f) requires that a…
(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.) Officer King: His Opinion on the Magnitude of the Collisions: Defendant called Officer Ben King. Because plaintiff’s counsel questioned his capacity to…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) Throughout the decedent’s admission at Doctor’s Medical Center, the decedent’s allergic reaction to the Primaxin did not subside and the decedent continued…
The following blog entry is written from a defendant’s position during the early stages of litigation. 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…
(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…