Sentences with phrase «judgment in a negligence case»

A defendant moving for summary judgment in a negligence case must show that there is no negligence or that the sole proximate cause of the injury was the negligence of the plaintiff.

Not exact matches

The defendants both moved for summary judgment on the grounds that Otis» position in this case was opposite of his position in the underlying case and the doctrine of judicial estoppel barred his negligence and 93A claims.

Appellant seeks review of an adverse summary final judgment entered in a slip - and - fall negligence case.

February 13, 1996 667 So.2 d 957 1996 Appellant seeks review of an adverse summary final judgment entered in a slip - and - fall negligence case.

«Each blog post: (a) identifies cases that address technology mishaps (either through negligence, ethical lapses in judgment, too much reliance on outside counsel and vendors, or fraud); (b) exposes the specific conduct that caused a problem; (c) explains how and why the conduct was improper; and (d) offers suggestions on how to learn from these mistakes and prevent similar ones from reoccurring.»

A landmark court judgment in favour of a firm of solicitors in a case of professional negligence, could have significant implications for future commercial property disputes.

Had the appeal court ruled the other way and upheld the Superior Court's judgment, Rashid says it could also have sparked a rash of solicitors» negligence actions in similar cases where the shorter deadline would have resulted in claims being dismissed.

Notwithstanding our commitment to protecting our insureds from liability where appropriate, two judgments from the Court of Appeal will make it more difficult in future to establish limitation defences in solicitors» negligence cases.

The judgment will do nothing to quell the worry amongst professional indemnity insurers (and some solicitors) that there is likely to be an increase in the number of professional negligence claims against solicitors arising from the way in which historic personal injury cases have been conducted.

-- Any judge who, by reason of inexcusable negligence or ignorance shall render a manifestly unjust judgment in any case submitted to him for decision shall be punished by arresto mayor and temporary special disqualification.chanrobles virtual law library

Summary judgment granted for defendant in case against an oil tank testing and removal company alleging negligence in connection with the testing of the underground oil tank.

Mr. Kluksdal has been the principal attorney representing clients who received a $ 2.93 million judgment in a medical malpractice case where the negligence resulted in a partial spinal cord injury, a $ 1.85 million judgment in a wrongful death case, a $ 1.123 million judgment for medical malpractice resulting in a terrible infection, and a $ 1 million settlement in a medical malpractice wrongful death case.

It is generally unwise for a lay person to make a judgment about the existence or otherwise of legal liability, but this is doubly the case in relation to medical negligence.

Yet here, in the Fernandes case, however one describes the dysfunctional communication between the Emergency and ENT departments in relation to the diagnosis of meningitis, it was no more or less «negligent» than the kind of miscommunication which is regularly seen between state bodies (or internal units of state bodies) regularly at inquests, or in clinical negligence trials and is consistently explained in those contexts as an individual error of judgment rather than a systemic failure and a violation of Article 2.

In a recent judgment in Butera v. Chown, Cairns LLP, 2017, the court allowed a $ 5 - million negligence action brought against a law firm to proceed to trial in its entirety and rolled back a lower court judge's decision to dismiss part of the casIn a recent judgment in Butera v. Chown, Cairns LLP, 2017, the court allowed a $ 5 - million negligence action brought against a law firm to proceed to trial in its entirety and rolled back a lower court judge's decision to dismiss part of the casin Butera v. Chown, Cairns LLP, 2017, the court allowed a $ 5 - million negligence action brought against a law firm to proceed to trial in its entirety and rolled back a lower court judge's decision to dismiss part of the casin its entirety and rolled back a lower court judge's decision to dismiss part of the case.

The facts in each case were simple and the law well - established, but the judgments provide a refreshing reminder of what constitutes negligence on the part of an individual.