(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) 6. ABC had the Right to Terminate Smythe at Will One of the most critical factors has been determined to be the right of the employer to end the service of…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) 2. Olivia Stark further testified about all the incidents caused by defendant JONES: “Q. After Bobbi slammed on the brakes the first time, did you overhear any kind of complaints about…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Plaintiffs’ Trial Brief: The Mother’s Emotional Distress Action is not Subsumed by Other Actions Nor Does the Mother Have to Show Contemporaneous Observation of the Birth Injury Itself MEMORANDUM OF POINTS…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) STATEMENT OF FACTS RELATING TO PLAINTIFF WHITE 49. Plaintiff incorporates herein by reference each and every allegation contained in paragraphs1 through 28 with full force and effect as though fully set…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) At the time Ms. Rich was examined by Dr. Shortley, it was Dr. Shortley’s opinion that surgery was “almost a medical certainty.” However, since that appointment Ms. Rich was examined by…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) On October 19, 2006, Tim Stark and Olivia Stark were deposed. Their condensed depositions are referenced herein. Mr. and Mrs. Stark were passengers on the bus trip. Mr. Stark is a…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Defendant urges that we adopt what amounts to a rigid rule that prejudicial misconduct cannot be cured either by jury self-admonition or by admonitions from the trial court. Such a contention…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) 5. The Parties were Operating as Employer/Employee One of the factors to be evaluated is how the parties saw the nature of the relationship between them. Smythe had no doubt that…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Comparing the two lumbar MRI reports we see the difference. Following the attack by the dog Franz in 2006 the MRI records: “A small amount of extruded disc material into the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) PLAINTIFFS’ OPPOSITION TO MOTION FOR SUMMARY ADJUDICATION MEMORANDUM OF POINTS AND AUTHORITIES I INTRODUCTION This is a medical malpractice action arising out of a birth injury suffered by the minor, DONALD…