Sentences with phrase «plaintiff alleged injury»

In today's case (Humphrey v. McDonald) the Plaintiff alleged injury following a collision.

In the recent case (Norris v. Burgess) the Plaintiff alleged injury as a result of two collisions.

Not exact matches

«Plaintiffs don't allege that PFOA caused any physical or structural damage to their wells, pipes, taps or showerheads and because they failed to plead any physical injury to their property, they can not state a claim under New York law,» Elissa J. Preheim, an attorney for Honeywell, said in the recent hearing.

Rising sea levels, loss of water in the Great Lakes, and reduced hydropower were among the injuries alleged by the plaintiffs; the lawsuits have since been combined, and two states have dropped out since the original suit was filed.

Much of the discussion within the court centered on how California would respond to a decision for the plaintiffs, and how the federal government might induce a response that would redress the alleged injury.

In the first Complaint discussed in Animal Law Coalition's reports below, the court found the plaintiffs did not allege facts showing the RICO violations proximately caused their injuries.

«A plaintiff must allege personal injury fairly traceable to the defendant's allegedly unlawful conduct and likely to be redressed by the requested relief.»

But Plaintiffs» own allegations reveal the inescapable centrality of greenhouse gas emissions to their alleged injuries.

After reviewing the medical records of the plaintiff but without performing a physical examination on him, the defendant's expert offered a report that concluded the plaintiff's injuries were likely the result of a pre-existing condition, rather than the injuries sustained on the defendant's property, as the plaintiff alleges.

That premise implies that the negligent conduct is capable of causing the injury the plaintiff alleges.

In this injury lawsuit, the plaintiff alleges he was removing salmon from pens in the Atlantic Ocean.

In response to the plaintiff's lawsuit, the defendant retained a medical expert to ascertain the source of the plaintiff's alleged injuries and offer a medical opinion as to whether the injuries were caused by the plaintiff's fall on the defendant's property.

In a recent surgical malpractice case, the plaintiff alleged that he suffered permanent injuries because the surgeon performing the operation failed to act fast enough and caused permanent injuries.

[39] The strongest reason for bringing the action in the Supreme Court related to the plaintiff's alleged injuries, but that must be closely examined in light of her pre-existing condition.

Plaintiff parents sued social hosts and social companions for negligence, alleging they were responsible for injuries sustained by plaintiffs» son Robert when, after drinking at defendant's home, he jumped from a fence and was rendered a quadriplegic.

If a plaintiff can prove that a defendant negligently caused the injuries alleged, the plaintiff is permitted to collect compensation for medical bills, funeral costs, lost wages, loss of companionship, property damage, pain and suffering, and other possible damages.

The plaintiff in the case of Rodriguez v. H.E.B. Grocery Company filed a personal injury lawsuit after he alleged that he was injured when he tripped on an unsecured plate in the parking lot of a property that was operated by the defendant.

Plaintiffs brought suit against three different entities, including Arden Engineering Constructors LLC, alleging that they were individually and collectively responsible for Limoges's injuries.

Plaintiff suffered catastrophic injuries as a result of the alleged negligence of defendants.

The plaintiff alleged that the treating physicians were liable for his injuries because they were negligent in failing to warn the Patient that she may not be safe to drive after having been administered the medication.

Plaintiff sustained injuries and filed a complaint against the other driver, alleging she negligently operated her vehicle causing a collision that resulted in plaintiff's personal Plaintiff sustained injuries and filed a complaint against the other driver, alleging she negligently operated her vehicle causing a collision that resulted in plaintiff's personal plaintiff's personal injuries.

Representing a variety of clients against single - plaintiff claims alleging injury from exposure to various chemicals, including silica dust, pesticides, PAHs, isocyanates, and other industrial chemicals.

Nearly three years after the accident, the plaintiffs attempted to serve the defendant with a personal injury and premises liability lawsuit that alleged the defendant was in control of the park's maintenance and allowed a dangerous hazard to be created on the pathway without cordoning off the area or otherwise giving an appropriate warning.

The court rejected the reasoning of the lower courts as manifestly unfair, since under their analysis it would not have been possible for the plaintiff to sue the school district over their alleged negligence in causing her son's injuries.

In a toxic tort claim, plaintiffs allege that exposure to a dangerous substance resulted in their illness or injury.

Defended a market - leading insurer in a Massachusetts direct action in which the injured plaintiffs sought more than $ 40 million in punitive damages against our client (primary insurer on business auto policy) for its alleged failure to promptly settle a catastrophic personal injury claim.

The Plaintiff alleged these were due to a brain injury.

A personal injury attorney is a type of civil litigator who provides legal representation to plaintiffs alleging a physical or psychological injury as a result of the negligent or careless acts of another person, entity or organization.

How to Allege Punitive Damages and the Court's Ruling Punitive damages are allowed in New Mexico accident cases as a way for the jury to punish a defendant for conduct that is so excessive or abhorrent that it must be condemned above and beyond what is required to compensate the plaintiffs for their injuries.

On August 27, 2015, the Ohio Supreme Court resolved one aspect of this issue under Ohio law by holding in Felix v. Ganley Chevrolet, Inc., Slip Opinion No. 2015 - Ohio - 3430, that plaintiffs alleging violations of the Ohio Consumer Sales Practices Act (CSPA) must show that all members of a putative class suffered injury or «damage in fact» as a result of the challenged conduct.

Defending the owner of a coal tar refinery in a lawsuit brought by over 1200 individual plaintiffs alleging property damage and personal injury from facility air emissions.

And the nonresident plaintiffs did not allege that they obtained Plavix from a California source, that they were injured by Plavix in California, or that they were treated for their injuries in California.

That the representative plaintiff has suffered the same alleged injuries as the rest of the proposed class

A medical malpractice plaintiff needs to prove that a doctor - patient relationship was in existence at the time of alleged harm, that the healthcare practitioner did not live up to the appropriate standard of care and that the injuries suffered were directly caused by that failure.

A lawsuit begins with the filing of a complaint by the injury victim (the «plaintiff» and / or his or her attorney) in an appropriate New York courthouse and then serving or delivering a copy of this complaint to the individual (s) or entity / entities who are alleged to have negligently caused the plaintiff's injuries (the «defendant (s)»).

The Plaintiff alleged the incident caused a disk injury although this claim was rejected.

The Plaintiff alleged she sustained fairly serious injuries from the collision with detrimental consequences.

Chicago injury lawyers at our office are alleging that as a result of the improper design, construction and maintenance of the steps, as the plaintiff began to walk down the steps she lost her footing on the uneven steps and began to stumble.

[14] A plaintiff must show: (1) an unfair act or deceptive trade practice occurred; (2) the unfair or deceptive trade practice caused the plaintiff to suffer an injury; and (3) there is a causal link between the unfair or deceptive act and the alleged injury.

In today's case (Meghji v. Lee) the Plaintiff alleged she suffered a traumatic brain injury.

Obtained a favorable jury verdict for retailer in a jury trial in Oklahoma County, Oklahoma, in case in which plaintiff alleged personal injury at the retail store due to the negligence of the retailer.

However, he went to state that, «[o] ne hundred and ninety - four pages of Facebook entries from [the plaintiff's Facebook page... were entered in evidence... There are extensive status updates, photographs, and other posts... that at face value appear to directly contradict her evidence regarding her alleged injuries, and her state of mind following [the accident].»

Plaintiff alleged in the civil suit that the child sustained massive head injuries and died as a result of alleged abuse by the parents, codefendants in the civil case, and that the psychologists were negligent in failing to suspect the abuse and neglect which ultimately led to his death.

Defended a mass tort claim filed in California state court involving more than 3800 plaintiffs alleging personal injury and property damage for releases of solvents and metals from an aircraft manufacturing facility; and

This may be especially hard to do in cases where the plaintiff alleges that the injury hr or she suffered is one that could be the expected result of the original disease or condition; that is, where the plaintiff is basically alleging a failure to cure.

The Plaintiff alleged brain injury altogether this claim was not proven at trial.

Once a Defendant obtains an opinion from a properly qualified expert with respect to the Plaintiff's alleged injury, a further exam will not be ordered to bolster the opinion of the initial expert.

In the following year, the plaintiff filed a complaint against the allegedly negligent driver and his own insurer, alleging that the defendant driver negligently caused his injuries and that the defendant was uninsured at the time of the crash, based on the denial of coverage by ACCC.

Representation of a major international insurer in a Massachusetts statutory bad faith action in which the injured plaintiffs sought more than $ 40 million in compensatory and punitive damages against our client (primary insurer on business auto policy) for its alleged failure to promptly settle a catastrophic personal injury claim.

[28] Finally, I turn to the relevance of the severity of the plaintiff's injuries and the alleged impact of those injuries on Ms. Kim.