(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/personal injury case and its proceedings.) CALIFORNIA LEGISLATIVE INTENT DEMONSTRATES A BROAD DEFINITION UNDER THE COMMON CARRIER LIABILITY STATUTE TO ENCOMPASS AMUSEMENT PARK RIDES California is unique in…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident/personal injury case and its proceedings.) The only case the Greenes have cited in opposition to Plaintiff’s Second Cause of Action- special relationship is Elizarraras v. L.A. Private…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/personal injury case and its proceedings.) In the present case, defendant erroneously argues that Ms. Demers’ voluntary decision to ride the Dinosaur Attraction coupled with the fact that…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite/personal injury case and its proceedings.) Plaintiff SANDY WHITE (“White”) will move this Court for an Order granting a New Trial/ JNOV against Defendant DIANA TOPP (“Topp”) pursuant…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/personal injury case and its proceedings.) This test, hereinafter referred to as the “Buckskin Joe’s” test, is a critical factor in light of all the controversy surrounding common…
(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.) PLAINTIFFS’ MEMORANDUM OF POINTS AND AUTHORITIES IN RESPONSE TO DEFENDANTS’ DEMURRER INTRODUCTION This is a medical malpractice action brought by plaintiffs Donna…
(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 TRIAL BRIEF NATURE OF ACTION This is a medical malpractice against Stan Smith, M.D., and his employer, the Universal Hospital. Plaintiff,…
(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.) PLAINTIFF’S TRIAL BRIEF INTRODUCTION & FACTUAL BACKGROUND On November 2, 2005, at 11:35 a.m., 14-year-old Paul Martin was a passenger with his…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/personal injury case and its proceedings.) Paul Smith gags when he tries to drink water. Steven Davis has nightmares about his family dying. Mike Jones still has flashbacks…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/personal injury case and its proceedings.) DEFENDANTS OWED DECEDENT THE HIGHEST STANDARD OF CARE UNDER COMMON CARRIER LIABILITY BECAUSE DECEDENT LOST HER FREEDOM OF MOVEMENT AND ACTION ONCE…