Not exact matches
My
initial point is the headline belies the facts on which the
case turned
in favour of the
plaintiff... which is namely....
If the
initial complaint or other earlier filings had contained a claim for punitive damages, or even an allegation that the defendants acted maliciously, willfully, recklessly, wantonly, fraudulently, or
in bad faith, the Court would have likely allowed the punitive damages issue to be heard by the jury, and the
plaintiff may have received a larger award at the conclusion of the
case.
In addition to lectures to licensed lawyers seeking to further their legal skills, Annes has also co-authored several publications including the chapter «Initial Client Contact» in the book Medical Malpractice, published by Illinois Institute of Continuing Legal Education and the chapter «Physical Injuries: Plaintiff's Perspective» in the book Proving and Disproving Damages in Personal Injury Cases, also published by Illinois Institute of Continuing Legal Educatio
In addition to lectures to licensed lawyers seeking to further their legal skills, Annes has also co-authored several publications including the chapter «
Initial Client Contact»
in the book Medical Malpractice, published by Illinois Institute of Continuing Legal Education and the chapter «Physical Injuries: Plaintiff's Perspective» in the book Proving and Disproving Damages in Personal Injury Cases, also published by Illinois Institute of Continuing Legal Educatio
in the book Medical Malpractice, published by Illinois Institute of Continuing Legal Education and the chapter «Physical Injuries:
Plaintiff's Perspective»
in the book Proving and Disproving Damages in Personal Injury Cases, also published by Illinois Institute of Continuing Legal Educatio
in the book Proving and Disproving Damages
in Personal Injury Cases, also published by Illinois Institute of Continuing Legal Educatio
in Personal Injury
Cases, also published by Illinois Institute of Continuing Legal Education.
As the
case was filed
in federal court, the court first turned to Federal Rule of Civil Procedure 15 (c)(1)(A), determining that the court should look to Georgia law
in order to determine whether the
plaintiff's amendment may relate back to her
initial complaint.
During this
initial case, the defendants discovered that the mother and sister were intentionally excluding the brother from being a
plaintiff and had lied
in their deposition testimony regarding his existence.
Indeed, the
plaintiff did not identify the physician who prepared the affidavit as an expert who would ultimately provide trial testimony
in her
initial disclosure, and
in interrogatory responses to the defendant, she stated that she «has not yet made any election as to what expert or experts, if any, she intends to use at any hearing or the trial of the
case.»
Accordingly, when evaluating the
plaintiff's
case during the
initial client meeting and when building the
case over the course of the litigation, the
plaintiff's pre-accident health and employment history are critical tools
in proving that the
plaintiff's symptoms were caused or contributed to by the motor vehicle accident.
[34]
In addition, given that the original trial estimate was exceeded by the
plaintiff's
case, necessitating the adjournment of the trial that caused the hiatus that brought about the acquisition of new evidence by the defendants, I am unable to accept that the delay resulting from the proposed evidence should have been treated any differently from the delay that was occasioned by the
initial inadequate trial time estimate.
My
initial point is the headline belies the facts on which the
case turned
in favour of the
plaintiff... which is namely....