(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical negligence case and its proceedings.) The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury case and its proceedings.) THE COURT SHOULD NOT ORDER BIFURCATION ON ITS OWN MOTION Although defendants motion is untimely as discussed above, the Court retains discretion to…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) C.C.P. §340.5 GOVERNS DELIVERY MALPRACTICE AND EXTENDS THE LIMITATIONS PERIOD TO THE CHILD’S EIGHTH BIRTHDAY It is firmly established that an infant’s claim…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury case and its proceedings.) FACTUAL SUMMARY cont. She was thereafter taken by a friend and fellow Universal Home tenant to XYZ Hospital. She had fallen on her…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident case and its proceedings.) It is noteworthy that the defendant did not produce any eye witnesses to dispute Ms. Diaz’s observations. The best that the defendant could…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury case and its proceedings.) DEFENDANTS’ MOTION IS UNTIMELY Code of Civil Procedure § 598 provides that a motion to bifurcate brought by a party must be noticed…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) William Taylor describes his wife’s legs as still in the stirrups while she was being instructed to again push, after which the baby’s…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical negligence case and its proceedings.) The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident case and its proceedings.) Plaintiff’s Opposition to Defendant’s Motion for a New Trial The Court Should Not Grant a New Trial Because the Jury’s Verdict is Amply…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury case and its proceedings.) Mr. Santoro suffered a severe skull fracture, which caused substantial bleeding, bruising and swelling in his brain. He was in a coma, near…