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Tag Archives: Negligence

Defendants may argue negligence contributed to accident (access required)

Where a driver and his employer who were sued for allegedly causing a motor vehicle accident that injured the plaintiff both filed answers that explicitly reserved their right to raise contributory negligence as a defense, the plaintiff was on notice ...

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Expert precluded from testifying on amusement park injury (access required)

Where two treating physicians both intended to testify about the future medical needs of a woman allegedly injured at an amusement park, one was excluded as cumulative. Because the excluded physician was no longer treating the woman and her current ...

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Auditors approved allegedly fraudulent financial statements (access required)

Where a bank relied on a mortgage originator’s financial statements to support multimillion-dollar loans, those statements were false and the bank plausibly claimed the auditor’s approval of the financial statements constituted an extreme departure from the standard of care, the ...

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Jury to decide if company was responsible for accident (access required)

Where a driver alleged a road repaving company was responsible for his auto accident, and the parties disputed where the accident occurred and whether the driver switched lanes despite a posted “stay in lane” sign, the company’s motion for summary ...

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