In today's case (Gee v. Basra) the Plaintiff was injured in a 2011 collision for whcih
the Defendant accepted liability.
Not exact matches
Liability for the rail crash meanwhile was admitted by the
defendants, who also
accepted that the PTSD had been caused by their negligence.
In part one of this blog article, we explained that obtaining insurance from the
defendant who caused your accident, confirming that the
defendant's insurance company has
accepted liability or responsibility for the accident, and the severity of your injury, can all affect how long it takes to resolve your case.
Yesterday, the Supreme Court announced that it
accepted review of Stoneridge Investment v. Scientific Atlanta, an 8th Circuit decision where the court held that civil
liability for damages does not lie against
defendants who merely «aid and abet» securities fraud unless those
defendants actually made a mistatement.
The
defendant accepted that the claimant constituted the party which had «really won at trial» on the issue of
liability.
Courts across Canada have since followed Brown in
accepting this argument as a genuine issue for trial, where
defendant facilities have attempted to rely on existing waivers or limitation of
liability clauses:
[68] I
accept the plaintiff's evidence that it was dusk but not dark enough for him to require a flashlight and therefore the plaintiff was not contributorily negligent and the
defendants»
liability should not be reduced as such.
The offer could have been
accepted by any one
defendant or the
defendants could have apportioned
liability amongst themselves.
Primary
liability for the accident was
accepted on behalf of the
defendant, who died as a result of his injuries.
I
accept Dr. O'Shaughnessy's opinion that the PTSD was triggered by the accident, and I am satisfied that there is a substantial connection between the injuries Ms. Harmati suffered in this accident and her present symptoms sufficient to impose
liability on the
Defendants.
[48] In my opinion, Ms. Johal did not state or infer that
liability had been
accepted by the
defendants to the extent that the only remaining issue was the quantum of damages.
The
defendant was a wrongdoer, it is true, and should not be allowed to escape
liability altogether, but he should not be liable for more than the damage which he caused and, since this is a case in which science can deal only in probabilities, the law should
accept that position and attribute
liability according to probabilities.
However, after an extensive review of court documents, contract documentation, contemporaneous correspondence, relevant regulations and standards, I was able to determine that my client had in my opinion no
liability whatsoever and this was later
accepted by all parties in a mediation held shortly afterwards, my client being removed from the list of
defendants.