(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace discrimination/personal injury case and its proceedings.) A NEW TRIAL SHOULD BE GRANTED ON THE GROUND OF ERROR IN LAW, BECAUSE THERE WERE ERRONEOUS AND MISLEADING JURY INSTRUCTIONS GIVEN…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/auto accident case and its proceedings.) THE AUTHORITIES CITED BY THE DEFENSE ARE NOT APPLICABLE TO THE FACTS OF THIS CASE Defendants’ reliance on Kennemur v. State of…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace discrimination/personal injury case and its proceedings.) Court Improperly Excluded Prior Inconsistent Statement of Tony Anson In order to challenge the credibility of a witness a party may introduce…
(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.) Allen developed decubitus ulcers because the nurses in charge of his care did not turn and reposition him as required. Allen was…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/auto accident case and its proceedings.) In addition, Defendants’ blanket and vague Motion in Limine is inappropriate. They have not set forth or highlighted any specific testimony they…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/medical malpractice case and its proceedings.) THE MOVING PARTY HAS THE BURDEN OF PERSUASION A party who seeks an court’s action in his or her favor bears 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 a medical malpractice case present such issues to the court. (Please note: the names and locations of all parties have been…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/auto accident case and its proceedings.) Archie weighed approximately 125 lbs at the time of the incident and after being discharged from the hospital dropped to a mere…
(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.) INJURY As discussed above, Allen developed stage III decubitus ulcers on his buttocks, stage IV decubitus ulcers on his left hip, and…
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 a personal injury case present such issues to the court. (Please note: the names and locations of all parties have been…