Sentences with phrase «plaintiff presents evidence»

Next, the plaintiff presents evidence by calling witnesses and asking questions.

Once the plaintiff presents evidence to support that prima facie case, the burden shifts to the defendant to present evidence that the policy had a legitimate business purpose.

At trial, the plaintiff presented evidence showing that he sustained injuries.

Here, the plaintiffs presented some evidence that the step down created a dangerous condition.

The Plaintiff presented evidence that several years earlier, the defendant driver had previously parked his truck in the exact same location, which resulted in a similar accident under almost exactly the same circumstances.

The court further held that that the controversy was not ripe because the plaintiffs presented no evidence that a Pennsylvania court or agency had interpreted the amended Canon from prohibiting the speech sought in the questionnaire.

At trial, plaintiff presented evidence, in the form of expert testimony, that there is no known threshold of asbestos exposure at which mesothelioma will not occur, and thus each exposure to asbestos that the decedent experienced from laundering her father's clothes and being in proximity to brake products contributed to her total dose of asbestos and were substantial contributing factors to the causation of her mesothelioma.

At trial, the plaintiff presented evidence of damages far in excess of the $ 25,000.

During the trial, the plaintiff presented evidence of the defendant's driving history, which contained two prior instances in which the defendant was cited for driving while under the influence of alcohol in 1996 and 1983.

However, Plaintiffs presented evidence of a Traffic Advisory Committee report in 2003 that noted a «pattern of collisions» at the same location, all at night.

Not exact matches

Second, OHS promulgated this rule without providing notice or the opportunity to comment as required by the Administrative Procedure Act («APA»), thereby depriving Plaintiff States of the opportunity to present important evidence to OHS about the overwhelming success of the DACA program in Plaintiff States as part of the rulemaking process.

The plaintiffs have presented evidence that the Georgia procedure is so restrictive, no statewide petition in Georgia has succeeded since 2000.

Indeed, even before the verdict, members of the plaintiffs» team were talking confidently about plans to present their evidence to California Gov. Jerry Brown, a close ally of the teachers unions, to prod him into joining the reformers» side, at least on key issues such as teacher tenure.

As defendants, the state and its two biggest teachers unions tried to persuade the judge that in four weeks of testimony, the plaintiffs — nine students — did not present enough evidence to prove that the five contested statutes governing teacher dismissal, tenure and layoffs deny students right to an effective education.

The preponderance of evidence, including research presented by the plaintiffs in this case and noted by the court, shows that special population funding levels are dramatically lower than what is needed to provide an excellent education to many Texas students.

During the trial, Plaintiffs have presented evidence of the substantial harms imposed on students by California's permanent employment, dismissal, and seniority - based layoff laws.

If you present the wrong piece of evidence to the judge and jury too many times, the judge will side with the plaintiff and you'll lose the case, ultimately losing the game.

You will notice in the article that he writes «The plaintiffs counter with a 45 - page brief...» The plaintiffs never counter... it is the defense that counters the evidence presented by the plaintiffs which is what I did.

While the obligation on the judge isn't new, this statement makes clear the importance of ensuring that litigants without lawyers are able to meaningfully participate in the legal action, whether as plaintiffs or respondents and further that they have the opportunity to present their position and evidence to the best of their individual ability.

[60] Simply put, I do not think a manufacturer should be able to escape liability for failing to give a warning it was under a duty to give, by simply presenting evidence tending to establish that even if the doctor had been given the warning, he or she would not have passed it on to the patient, let alone putting an onus on the plaintiff to do so.

However, the court also noted that the defendant did present evidence contesting the plaintiff's claim that he will continue to experience pain and suffering.

The dispute in this case was regarding the evidence presented to prove that the plaintiff's injuries were directly related to the accident with the defendant.

Since the plaintiff did not present evidence showing how long the barrel had been there, there was no way the plaintiff could prove that the department had actual or constructive knowledge of the barrel's placement.

This motion asks the court to dismiss the case without requiring the defendant to present any evidence, asserting that the plaintiff failed to show that a question of material fact is in dispute.

In response, the defense presented evidence that the plaintiff was fully healed and would not continue to experience pain in the future.

There was also evidence presented that the plaintiff endured pain and suffering after the accident and that he would continue to experience ongoing pain in the future.

No evidence was presented with respect to the salary or any other terms or conditions of the first offer of employment although the plaintiff testified that he thought the salary in the first offer was less than the salary in the offer that he accepted.

In district court cases (case values of $ 30,000 or less), the plaintiff will often present this evidence directly with the medical bills.

The plaintiff asked the court for a new trial as to damages only, arguing that the jury - determined award was greatly insufficient given the evidence presented.

In the case of Andrade v. Walgreens - Optioncare, Inc., the judge precluded Walgreens from presenting evidence relating to Plaintiff's (Andrade) immigration status under FRE 403.

Barking Hound argued that the trial court erred in not granting summary judgment on this claim because the plaintiff had failed to present evidence that the deceased dog had actual market value, which Barking Hound contends is the sole form of damages recoverable.

Both the plaintiff and the insurance company presented evidence supporting their respective side in the form of expert witness testimony.

In most Connecticut personal injury claims, the plaintiff is required to present direct evidence that the defendant acted negligently by doi...

The court disagreed, finding that the plaintiff's evidence showed that a defect was indeed present and visible to passersby.

You have the right to defend yourself, present evidence in support of your case, and call witnesses to contradict the plaintiff's story.

Since there was no such evidence presented by the plaintiffs, the jury was legally prevented from finding that the park management was negligent.

At trial, both the plaintiff and the defendant will have an opportunity to present the testimony of witnesses and any evidence they believe help prove their claims.

The «preponderance of the evidence» standard has been defined to mean that the evidence presented by plaintiffs must be more likely to be true or accurate than not true.

The plaintiff presented sufficient evidence for a reasonable jury to conclude that in - person attendance was not an essential function of her job for the ten - week period she requested to work from home, the court said.

Specifically, the case deals with the quantum of evidence a plaintiff must provide in order to present a legally sufficient case.

At trial, the plaintiff presents the written contract as real evidence of the agreement she and the defendant made and that the defendant breached when he didn't have the cash for the plaintiff on September 20 as stated.

In a decision issued today, the Washington Court of Appeals has embraced the broad consensus among state and federal courts holding that plaintiffs who want courts to force service providers to provide identifying information about anonymous online speakers must both provide notice to the speakers and present evidence of wrongdoing....

In fact, during oral argument on the motion for summary judgment, Justice Schmidt allowed the plaintiff's counsel to supplement its written filings by presenting evidence to support each instance of an alleged breach of fiduciary duty.

After the trial, the totality of the evidence presented at trial by the plaintiff rests on one side of the scale.

The clear medical evidence from the plaintiff's orthopedic surgeon, Dr. G.M. McKensie, is that Mr. Swieczko's soft tissue injuries are now chronic and permanent, presenting as moderate to severe pain in the neck, mid-back and lower back with persistent flare - ups as a result of overtime work, attempts at physically interacting with his growing one - year - old daughter and attempts to reintegrate previously enjoyed recreational activities.

[53] The evidence shows that the majority of the symptoms that the plaintiff attributes to injuries from the 2011 accident probably were present before that accident.

In response to her request to bring the case to trial, the insurance company argued that the plaintiff had not presented any evidence of causation, and moved for summary dismissal of the suit.

PC -2008-1134, Judge Sarah Taft - Carter held that while the existence of such a duty is determined on a case - by - case basis, the plaintiffs had presented sufficient evidence to establish that Crane Co. had a duty to protect against such «secondary» or «take - home» exposure.

The Court commented that the plaintiff failed to obtain an air quality analysis of the air in her condominium and failed to present expert evidence to prove that the poor air quality was caused by the improper repair and installation of the boiler in her condominium unit.

The court ruled that summary judgment was not appropriate because the evidence submitted to the court presented contradictory theories that should be resolved at a trial: namely whether the defendant's conduct was the cause of an injury to the plaintiffs» loved one.