Sentences with phrase «alleged negligence on»

Pentland - Clark v Wilson & Others 2009 G.W.D. 30 - 490: opposition to reclaiming motion in action for damages based on alleged negligence on the part of judicial factor and his solicitor.

The Defendant (TfL) alleged negligence on the part of the Master (which was denied).

The suit alleges negligence on the part of those who designed, built, tested, and monitored the robots.

When we file a lawsuit alleging negligence on the part of the defendant, we have to be able to prove four basic elements of your case in court:

Certain steps that were taken in the action led the trial judge to conclude that defence counsel had a proper basis for alleging negligence on the part of the third party and the trial judge accepted that the third party, or her counsel, had employed tactics amounting to an attempt to make an end run around the defendant.

Recent work includes advising the estate of a woman who suffered from eczema, anxiety and depression and who committed suicide in a claim alleging negligence on the part of medical staff; and Ally Taft's work on behalf of a man suffering from acute mental health problems who, despite having been placed in a secure unit, escaped and fractured his ankle following a fall.

The Applicant sued the Respondent alleging negligence on the part of the SQ..

Not exact matches

The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, or negligence, or tort, or strict liability, or any other basis, even if we have been advised of or should have known of the possibility of such losses and / or damages, and without regard to the success or effectiveness of other remedies.

I / WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the CHICAGO SPORT & SOCIAL CLUB, INC. («CSSC») and its affiliates (CSSC and its affiliates are referred to collectively as the «CLUB»), the sufficiency of which consideration is expressly acknowledged, and intending to be legally bound, do hereby, for myself, my heirs, executors, administrators, insurers, assigns, attorneys, representatives, agents, beneficiaries, legatees, representatives, successors, assigns and any other persons who may make claims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities used by the participant, including its owners, managers, promoters, lessees of premises used to conduct the event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the CHICAGO SPORT & SOCIAL CLUB, INC. («CSSC») and its affiliates (CSSC and its affiliates are referred to collectively as the «CLUB»), the sufficiency of which consideration is expressly acknowledged, and intending to be legally bound, do hereby, for myself, my heirs, executors, administrators, insurers, assigns, attorneys, representatives, agents, beneficiaries, legatees, representatives, successors, assigns and any other persons who may make claims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as «Releasee»... FROM ALL LIABILITY TO THE UNDERSIGNED, my / our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT (S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISon my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities used by the participant, including its owners, managers, promoters, lessees of premises used to conduct the event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the CHICAGO SPORT & SOCIAL CLUB, INC. («CSSC») and its affiliates (CSSC and its affiliates are referred to collectively as the «CLUB»), the sufficiency of which consideration is expressly acknowledged, and intending to be legally bound, do hereby, for myself, my heirs, executors, administrators, insurers, assigns, attorneys, representatives, agents, beneficiaries, legatees, representatives, successors, assigns and any other persons who may make claims on my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as «Releasee»... FROM ALL LIABILITY TO THE UNDERSIGNED, my / our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT (S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISon my behalf (collectively the «RELEASORS») OR ALL SPORTS SERIES / PARK DISTRICT OF HIGHLAND PARK / WINDY CITY FIELD HOUSE / CHICAGO PARK DISTRICT / FITNESS FORMULA CLUBS (FFC — UNION STATION) / URBANA PARK DISTRICT / MADISON PARKS ORGANIZATION / ABUNDANT LIFE CHRISTIAN SCHOOL / LANSING PARKS / CITY OF BLOOMINGTON / UNIVERSITY OF MICHIGAN / CHICAGO PUBLIC SCHOOLS — LAKE VIEW HIGH SCHOOL / CAMP OJIBWA / AUSTIN PARKS AND RECREATION facilities or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as «Releasee»... FROM ALL LIABILITY TO THE UNDERSIGNED, my / our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT (S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT (S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.

Two weeks ago, the Montclair Board of Education agreed to pay Ryne's family $ 2.8 million to settle a 2009 negligence lawsuit alleging the school's decision to let their son back on the field led to the 16 - year - old's death.

«It is on account of negligence on the part of the legal profession that the SSS has engaged in the arrest of judges for alleged corruption and abuse of office,» Falana said.

For setting a Senior School English summary passage which harped on the alleged negligence of education by the Ogun state government, no fewer than six top...

At the same time, the LMDC plans to sue contractor Bovis Lend Lease for roughly $ 100 million, based on Bovis's alleged negligence and deconstruction delays.

Photographer hereby releases, indemnifies, and agrees to hold harmless the Museum, its trustees, officers, employees, and agents from any and all liability, claims, suits, actions, damages, settlements and expenses, including reasonable attorney's fees, arising out of injuries to persons, damages to property, claims based on alleged defamation or infringement of rights to copyright, trademark, service mark or other intellectual property, or rights to privacy and / or any and all other damages in connection with Photographer's activities and use of the Museum's facilities or equipment, whether from an occurrence at the Museum facility during such use, or at any other time and place, AND NOTWITHSTANDING ANY NEGLIGENCE THAT MIGHT BE ALLEGED AGAINST, OR ATTRIBUTED TO THE MUSEUM OR ANY PERSON INDEMNIFIED HERalleged defamation or infringement of rights to copyright, trademark, service mark or other intellectual property, or rights to privacy and / or any and all other damages in connection with Photographer's activities and use of the Museum's facilities or equipment, whether from an occurrence at the Museum facility during such use, or at any other time and place, AND NOTWITHSTANDING ANY NEGLIGENCE THAT MIGHT BE ALLEGED AGAINST, OR ATTRIBUTED TO THE MUSEUM OR ANY PERSON INDEMNIFIED HERALLEGED AGAINST, OR ATTRIBUTED TO THE MUSEUM OR ANY PERSON INDEMNIFIED HEREUNDER.

A horse named Justice is entitled to recover the costs of his medical care and damages for pain and suffering from his alleged abuser, according to a negligence suit filed on Tuesday.

In the course of my work I frequently had to deal with the company's solicitors and one day they asked me whether I could help them by giving expert evidence on the capital value of loss suffered by a man who was permanently disabled as a result of someone's alleged negligence driving a car.

Plaintiffs began filing lawsuits across the country claiming the filters caused harm and death, alleging manufacturers» negligence, failure to warn, design defects, manufacturing defects, breach of implied warranty and negligent misrepresentation on the part the companies and their subsidiaries.

Furthermore, even if the Court was wrong about the negligence issue, the plaintiff in the negligence action failed to demonstrate that there was a genuine issue for trial on the issue of damages caused by the firm's alleged negligence.

Our lawyers have defended class actions and individual cases alleging personal injury and property damage from environmental contamination or exposure to chemical products based on all types of legal theories, including negligence, fraud, failure to warn, negligent misrepresentation, trespass, private and public nuisance and damage claims such as «fear of cancer» and medical monitoring.

Decedent's husband brought a wrongful death action alleging ordinary negligence as well as corporate liability on the part of the hospital (decedent received surgery and emergency care at the same facility).

When Plaintiff brought Architectural Firms into the case as Defendants, General Contractor aggressively attempted to shift blame to Architectural Firms based on alleged professional negligence, designating multiple experts on the subject.

The firm successfully defended a Quebec law firm against a $ 55 - million claim based on its alleged negligence in the implementation of a tax structure.

Both Cumbria and Lakeland had instructed solicitors Baines Wilson (BW) to advise and negotiate on the service agreements between DEFRA and themselves, and they now brought proceedings against BW alleging professional negligence which had caused them to lose the difference between their invoiced claims (plus presumably interest) and the settlements which emerged from the mediation, asserting that they had been reasonable to settle, but that the discounts they had been forced to concede were as a result of BW's negligent advice.

The husband cross-appealed, arguing that the motion judge erred by refusing to rescind or set aside a consent order (which he had long alleged was a result of negligence on the part of his counsel) and by holding that the parties» marriage contract (entered into the day before the wedding) was not valid.

The trial court ruled in favor of the defendants early in the case proceedings, finding that the plaintiff could not sue the government for its alleged negligence, based on sovereign immunity grounds.

Plaintiff alleged premises liability for negligence in failure to address a potentially dangerous condition on the property (i.e., lack of protective features around the rear of the cabana that abuts a curve around which drivers were known to speed).

He focuses his practice on a range of maritime matters, including personal injury cases alleging negligence under the Jones Act and unseaworthiness under general maritime law.

Based on the alleged negligence of the nursing home operators, the plaintiff filed a wrongful death lawsuit seeking damages from the defendant.

Section 13 - 215 sets forth the statute of repose in a medical negligence case as being not more than four years after the date on which occurred the act or omission or occurrence alleged in such action to have been the cause of such injury or death.

A Canadian accounting firm, Schwartz Levitsky Feldman («SLF»), had provided a clean audit opinion regarding the company as part of the private placement and was sued for alleged negligence and misrepresentations in its audit report by the one Ontario - based investor, Excalibur, on behalf of a proposed global class comprised of all worldwide investors.

Negotiated a favorable settlement in a case involving alleged negligence in the construction of a highway, after discovering and establishing negligence and spoliation of evidence on the part of plaintiff's employer which caused the employer to substantially reduce their worker's compensation lien claim.

Patient care facilities often argue that a resident's preexisting health condition, and not any negligence on the part of the nursing home, was the true cause of an injury alleged in a lawsuit.

The nursing home injury lawsuit filed on his behalf, according to The San Luis Obispo Tribune, alleges abuse, neglect, negligence and violations of the patient's rights resulting in injury.

This second 6,000 mile journey also apparently proved fruitless because on July 30, 2010, Young sued Facebook alleging violations of her First and 14th Amendment rights; breach of contract; breach of the covenant of good faith and fair dealing; negligence; and fraud.

Because of this ruling, nobody will be able to recover any damages based on the alleged negligence of the defendants.

A contract cleaning employee who alleges he fell off his ladder after receiving an electric shock from exposed bare wires has stated claims for negligent supervision and for negligence based on defendant's internal policies and procedures, but the Norfolk Circuit...

Based on the discovery of the defect and his serious injuries, the plaintiff filed a negligence lawsuit against the defendant, alleging that their failure to properly inspect the crane before delivering it to the plaintiff caused his injuries.

Plaintiff alleges her personal injuries were solely caused by the negligence of the employee, absent any contributory negligence on her part.

Obtained defense verdict in jury trial for employer based on alleged negligence of an employee.

There was no question that Rockwell was driving while intoxicated, and while contributory negligence on the part of Mr. Widdowson was initially alleged, the court ruled that facts showed this was not the case.

«[B] oth the strict liability and negligence claims allege that [defendant] improperly failed to include... warnings on its labeling, which, again, constitute allegations that [defendant] failed to warn.»

Recent instructions include: • Acting as Junior Counsel to Roddy Dunlop QC in a seven figure claim relating to failure by solicitors to obtain a standard security in relation to loan funds advanced by a commercial lender • Acting as Junior Counsel to Alistair Clark QC (as he then was) on behalf of the pursuers, a major commercial lender, in pursuing seven figure negligence claims against solicitors and surveyors relating to their advance of loan funds for the purchase of commercial property • Acting as Junior Counsel to Heriot Currie QC for one of the defenders (a firm of architects) in a seven figure multi-party claim relating to construction and design defects at a major shopping centre • Acting as Junior Counsel to Alastair Duncan QC for one of the defenders in a claim against both solicitors and counsel relating to alleged negligence by family lawyers relating to the preparation of a settlement agreement • Acting as sole counsel for the pursuer in a claim against solicitors for allowing the time bar of her clinical negligence action against a health board

Livent alleged Deloitte was negligent in failing to detect the fraud and Deloitte's negligence caused it to realize a value on its assets upon liquidation less than it would have realised had Deloitte discovered and disclosed the fraud.

In the recent case of College of Chiropractors of British Columbia v. Health Professions Review Board, 2016 BCSC 391, the B.C. Supreme Court addressed the duties of an inquiry committee under the Health Professions Act, when a complainant asserts injury caused by alleged negligence, but the committee dismisses the complaint based on the treatment having been appropriate, regardless of evidence from other health professionals bearing on whether the treatment caused the injury.

The plaintiffs allege that Dundee and CWT are liable on the basis of breach of contract, negligent performance of a service, negligence simpliciter and breach of fiduciary duty.

As conversion is a strict liability tort, the bank's negligence, or lack thereof, is irrelevant; any alleged contributory negligence on the part of the drawer is also irrelevant.

Without an expert opinion from another doctor to comment on whether or not the alleged offending doctor breached the standard of care, establishing a case for negligence against the offending doctor is very difficult.

In 2009, a Chicago woman sued one Santa for negligence and battery, alleging that an apparently intoxicated Father Christmas had stumbled into her, knocked her down and fell on top of her, driving her face - first into the pavement.

Mrs Lawrence then commenced proceedings against the council, alleging negligence and a violation of her right to respect for family life, ie Art 8 of the European Convention on Human Rights (the Convention).

Relying on the Conte opinion, he alleged theories of negligent misrepresentation, fraud, negligence, strict liability, and breach of warranty.