Sentences with phrase «jury determines»

If a judge or jury determines that the driver was 75 percent at fault for the accident and the pedestrian 25 percent at fault, the driver could not sue for any damages.

On the other hand, if the jury determines based on the evidence that the plaintiff would not likely have been injured without the defendant (s)'s negligence, the test for causation is satisfied and the defendant (s) will be liable for the plaintiff's injuries.

If the jury determines the total damages are $ 100,000, but the victim was 20 % at fault, he or she may be able to recover up to $ 80,000 from the other driver.

When a jury determines that a defendant has acted with oppression, fraud, or malice, they may decide that an award of punitive damages is appropriate.

This will happen if a judge or jury determines that the pedestrian acted in an unsafe manner, thereby contributing to the crash.

If the grand jury determines that there is sufficient evidence, the defendant is formally charged via an indictment.

At trial, the jury determines that the pedestrian is 60 % at fault.

In the above example, the judge or jury determines the degree of the each party's negligence and apportions to each party a portion of the total damages you suffered based on each party's percentage of fault for causing your injury.

In states that adhere to a rule known as modified comparative negligence, including Colorado, you may not recover damages for your injuries and other losses if the jury determines that you were 50 percent (50 %) or more liable for the accident.

After deciding the amount of damages sustained, the judge or jury determines the amount of fault to attribute to each party and reduces the victim's award by the amount that he or she is responsible for.

Unfortunately, there are no guarantees on whether or not you would be compensated under this law, as a judge or jury determines the results on a case - to - case basis.

Florida's state Supreme Court ruled that a defendant in a capital case doesn't have the right to have a jury determine that.

As one airline lawyer commented after the trial: «Having a jury determine that the provisions in that contract were illegal obviously raises very serious implications for Sabre if they want to continue to insist on them in contracts.»

We do have evidence that Zimmerman is an idiot, though the jury determined he could not definitively said to be criminally so.

A federal jury determined that the once - feared former Assembly speaker had enriched himself through the subtle subterfuge of referral fees, having arranged state favors for individuals and organizations that agreed to utilize a pair of law firms that paid him.

«A jury determined that the defendants, who were in fact a Buffalo police officer, was at fault for causing the injury,» Feroleto said.

Igoe's on - duty shooting of Alvarez ended with an Albany County grand jury determining the deputy's decision to shoot the unarmed man was justified.

The OJ Simpson trial in 1995 made DNA testing famous and the technology continues to help juries determine innocence or guilt.

Whether this lasts for a few hours or a few weeks, this is a crucial period in the trial, with the jury determining if the defendant is accountable and what damages might be awarded.

Q: In a lawsuit for a birth injury, how does a jury determine if a doctor's actions were within the accepted standard of care?

The United States Supreme Court released its judgment in City Of Ontario, California, et al. v. Quon et al. today, deciding that when police officer Quon's employers examined his pager records, they did not violate his Fourth Amendment rights, because although he had a reasonable expectation of privacy, as the jury determined the employer's examination was for the legitimate, work - related purpose of deciding whether the current character limit in the contract with the provider was adequate.

«To summarize, plaintiff now has no negligence claim and no medical malpractice claim, all despite the fact that (a) defendant - hospital openly admitted negligence, (b) a jury determined that this negligence constituted the proximate cause of plaintiff's death, and (c) a jury awarded plaintiff a $ 20 million verdict,» wrote Markman in his ruling.

Just last year, Nationwide was hit with a $ 8.1 million verdict after a jury determined that the company's failure to settle claims against its insured over a 2005 car accident was negligent and in bad faith.

The Michigan Supreme Court called it a «medical and legal dereliction,» further stating, «To summarize, plaintiff now has no negligence claim and no medical malpractice claim, all despite the fact that (a) defendant - hospital openly admitted negligence, (b) a jury determined that this negligence constituted the plaintiff's cause of death, and (c) a jury awarded plaintiff a $ 20 million verdict.»

In that case, we will need to file a lawsuit and have an impartial arbitrator, judge, or jury determine the value of the case.

Evidence like keeping the change secret, certainly is convincing to a jury determining state of mind of the breaching party.

After a four week trial, the jury determined that the store was not liable for Mrs. Berg's injuries.

But this would be reduced to $ 160,000 since the jury determined that 20 % of the blame can be placed on her.

After the trial, the jury determined that the uninsured motorist was liable for any pain and suffering caused, but it returned a verdict in the amount of zero dollars.

The jury determined that Mr. Mavrick's client never legally «employed» the plaintiff, and therefore owed him no overtime wages.

The requirement that a jury determine facts, whether in mitigation or aggravation fact - finding is the province of the jury While I must agree that these rapes are despicable and deserve extreme punishment, the process must be of such a nature to ensure consistency.

The jury determined that the city excluded Mr. Heagney's name from consideration in part because of a criminal case against him for which no conviction resulted and for which the records were sealed.

7 Dec. 19, 2017)(unpublished), sublessor (tenant to a ground lease) lost an unlawful detainer action to sublessee Home Depot when a jury determined that the notice to pay / quit was not a reasonable estimate of what was owed by Home Deposit.

The jury determined that the Lopez family's damages totaled $ 12,958,461, including $ 1,958,461 in economic damages and $ 11 million in non-economic damages.

Not exact matches

The series of hearings will determine whether he faces life in prison or the death penalty, a decision to be made after family and friends testify to judge and jury about their interactions with the mystery man.

SAN FRANCISCO, Feb 5 - A jury in a trade - secrets lawsuit heard its first earful Monday as opening statements began in a bitter legal battle between Waymo and Uber Technologies Inc that has captivated Silicon Valley and could help determine who emerges in the forefront of the fast - growing field of autonomous cars.

The first salvos were delivered to a 10 - person jury in San Francisco federal court in a civil lawsuit that could help determine who emerges in the forefront of the autonomous car business nearly a year after Alphabet Inc's self - driving car unit Waymo sued rival Uber Technologies Inc..

SAN FRANCISCO, Feb 5 - Uber was so driven to «win at all costs» in the race to develop self - driving vehicles that it cheated, a Waymo lawyer told a jury on Monday, the opening salvo in a trade - secrets lawsuit between the two technology companies that could help determine who emerges in the forefront of the autonomous car business.

SAN FRANCISCO, Feb 5 (Reuters)- Uber was so driven to «win at all costs» in the race to develop self - driving vehicles that it cheated, a Waymo lawyer told a jury on Monday, the opening salvo in a trade - secrets lawsuit between the two technology companies that could help determine who emerges in the forefront of the autonomous car business.

School administrators, who often play the roles of juries and judges when it comes to determining whether sexual assault took place, are ill - equipped to do so: «There's a competency gap here.»

The judge in the case, William Alsup, and the jury that has yet to be selected have a difficult task ahead of them as they eventually work to determine whether Uber is guilty of misappropriating trade secrets.

It'll be up to the jury to determine if Waymo has presented enough evidence to prove that not only did Uber steal trade secrets, that the company was using them in their current self - driving technology.

March 28, 2018: Avenatti files a motion requesting a jury trial to determine if the hush agreement was ever binding, and asking for the right to depose Trump and Cohen for «no more than two hours» each.

In order to find Dr. Edelin guilty, charged Judge McGuire, the jury had to determine that the aborted fetus had become a «person.»

According to background information from LifeNews, Gosnell could face the death penalty, which prosecutors are pursuing when a second jury is impaneled «to determine sentencing under the penalty phase of the trial.»

The jury must determine whether the facts of the case as established by testimony in court fit the legal definition of the offense with which the defendant is charged — a definition likely to be complicated at best, incomprehensible at worst.

Having so many industry experts with such a diverse background joining this year's independent jury will bring considerable insight into determining which are the most outstanding entries.»

The Gold Plate Award recipient was determined through secret ballot by a jury of past Silver Plate winners, national trade press editors and foodservice experts.

The Dallas Police Department referred this case to a prosecutor for presentation to a grand jury, and the grand jury will determine whether to formally charge Manziel with a crime.

The jury's job is only to determine whether or not the defendant's actions meet the requirements of the crime.