Sentences with phrase «jury on causation»

Not exact matches

The appeal was allowed as the trial judge made an error by failing to provide jury with a proper summary of the evidence, having referred frequently to the claimant's «entitlement» to compensation, without adequate emphasis on the question of legal causation.

The language of the jury question on causation must reflect the «but for» test and ought to track the language of Clements, although having the wrong wording does not necessarily produce a substantial wrong or miscarriage of justice.

Assessing the impact of the Vote Leave NHS funding pledge on the EU referendum is a matter of causation, a factual question for a jury to consider and determine.

He argued that the trial judge did not properly instruct the jury on how to consider the issue of causation.

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 injurieOn 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 injurieon 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.

The jury came back in our favor on negligence but against us on causation.

After a two - week trial in a medical malpractice claim, the jury found cause - in - fact [factual causation] was established on the balance of probability.

Procedurally, the determination that collateral estoppel applies would usually be made on a motion for summary judgment, or in the preparation of jury instructions which state that liability has been established and that the jury is to limit itself to determining causation and damages, rather than as an evidentiary matter.

The appellants submitted that the jury instructions proceeded on the wrong legal understanding of causation in the context of a claim for delayed medical diagnosis and treatment against multiple tortfeasors.