Sentences with phrase «plaintiff sustained»

«[I] in an action for slander of title the following elements have to be proved: that the defendant published words in disparagement of the plaintiff's property; that such words were false; that such words were published with actual malice; (and) that the plaintiff sustained special damages as a result.»

While «couple jumping» on to a moving trolley, plaintiff sustained serious injuries.

The Plaintiff sustained an onset of symptoms related to shoulder tendinopathy as a result of the collision.

The Plaintiff sustained a variety of soft tissue injuries that resolved in short order however he was left with a chronic low back injury that continued to the time of trial and was expected to persistent indefinitely.

The Plaintiff sustained some injuries and sued for damages.

To make out valid Consumer Fraud Act (CFA) claim under the Consumer Fraud Act a plaintiff must prove: (1) a deceptive act or unfair practice occurred, (2) the defendant intended for the plaintiff to rely on the deception, (3) the deception occurred in the course of conduct involving trade or commerce, (4) the plaintiff sustained actual damages, and (5) the damages were proximately cause by the defendant's deceptive act or unfair conduct.

Plaintiff sustained a compression fracture and died within 13 days of the fall.

Despite this, and despite some reliability concerns the trial judge raised with the Plaintiff's evidence, the Court accepted the Plaintiff sustained real injury.

Most, if not all, of the expert evidence was focused on whether the plaintiff sustained a mild traumatic brain injury as a result of a relatively minor rear ‑ end impact during the accident.

With respect to medical benefits, State Farm argued that no further medical benefits were owing under the insurance policy on the basis the Plaintiff sustained minor injuries under the MIG.

[171] I accept that the plaintiff sustained soft tissue injuries to his neck and back area, with accompanying headaches, in the motor vehicle accident.

The plaintiff sustained serious injuries in the accident and filed a personal injury case against the Department under the theory of vicarious liability.

[87] As a result of these accidents, the plaintiff sustained significant injuries and suffered from a great deal of pain, for which he is entitled to recover damages.

154] I accept the opinion of Dr. McGraw that the plaintiff sustained a strain of his left sacroiliac joint and I reject the opinion of Dr. Watt that it was rather a soft tissue injury to his left iliopsoas muscle and his left piriformis muscle.

[318] In arriving at this conclusion I accept the opinion of Dr. Maloon, in preference to that of the plaintiff's medical experts, that the soft tissue injuries the plaintiff sustained in the accident would not have been «significant enough to alter the natural history of her neck or low back condition» and that the «disc herniation would be the result of the natural history of the lumbar degenerative disc disease and not the result of injuries that she may have sustained in [the accident].»

The Plaintiff sustained soft tissue injuries to her neck, mid back and shoulders which continued to pose problems at the time of trial.

The Plaintiff sustained numerous injuries during transportation to receive medical care on multiple different occasions.

The Plaintiff sustained a mild traumatic brain injury and suffered from cognitive dysfunction.

A negligence claim must show that the defendant owed the plaintiff a duty to exhibit a standard of reasonable care, the defendant breached that standard, and that the breach was the actual and proximate cause of the injuries that the plaintiff sustained.

In today's case (Odian v. Carriere) the Plaintiff sustained a chronic neck injury as a result of a collision.

The Plaintiff sustained Grade 2 soft tissue injuries to his neck and these also effected a pre-existing shoulder injury caused in an altercation with police.

Plaintiff sustained injuries to her neck, back and right elbow.

The Plaintiff sustained soft tissue injuries which resulted in chronic symptoms.

Formally, to establish a claim for negligence, the victim must demonstrate: (1) the defendant had a legal duty to conform to a certain standard of conduct; (2) the defendant breached that duty; and (3) the plaintiff sustained damage that was proximately caused by the defendant's breach.

The permanency evaluation doctor generally examines the injured plaintiff and writes a report, which indicates that the injured plaintiff sustained permanent injuries.

The plaintiff sustained a mild traumatic brain injury and physical injuries to her neck and low back, head, tongue, and jaw.

For example, a permanency evaluation doctor may find that an injured plaintiff sustained a 25 % whole person impairment to the right shoulder as a result of injuries sustained in a motor vehicle accident.

The Plaintiff sustained a variety of injuries the most serous of which was a disc herniation in his neck which caused chronic symptoms which adversely affected his career as a longshoreman.

The Plaintiff sustained various physical injuries the most serious of which was an elbow joint fracture which required three surgeries and resulted in a permanent partial disability.

The Plaintiff sustained a variety of soft tissue injuries.

In a trial that lasted just over two days pursuant to Rule 66, Mr. Justice Wilson concluded that the Plaintiff sustained a soft tissue injury to her neck and shoulder as a result of the motor vehicle collision.

The plaintiff sustained serious personal injuries with significant past and future medical bills.

The plaintiff sustained injuries in a motor vehicle accident caused by a third party.

Plaintiff sustained injuries and filed a complaint against the other driver, alleging she negligently operated her vehicle causing a collision that resulted in plaintiff's personal injuries.

The plaintiff sustained these injuries during a fight between the two men that took place in the defendant's basement apartment in the early morning hours of January 20, 2006.

Medical evidence was led that the Plaintiff sustained injuries along his right paracervical and bilateral paralumbar muscles.

that the breach caused the injuries that the plaintiff sustained; and, 4.

However, the plaintiff sustained damages in excess of that amount.

The Plaintiff sustained moderate to severe soft tissue injuries to his neck and back.

The plaintiff sustained injuries and damages as a direct and proximate result of the defendant's negligence.

As a result of his fall, the plaintiff sustained serious injuries and filed a personal injury claim against the ski resort.

Further, there are often multiple plaintiffs each sustaining various injuries.

Not exact matches

Publication of the editorial came on the same day as two other events of note, first, the release of a new book, Back in the Game, in which sports neurologist Jeffrey Kutcher and award - winning journalist Joanne Gerstner repeatedly and pointedly criticize the media for «irresponsible» reporting on CTE, and second, the filing of a class action lawsuit in federal court in Los Angeles against Pop Warner, USA Football, and the National Operating Committee on Standards For Athletic Equipment (NOCSAE) which assumes as scientific fact that repetitive head impacts sustained in youth football «exposed» plaintiffs» sons to CTE, and led one to engage in «erratic and reckless behavior» resulting in his untimely death, and the other to take his own life.

FundEducationNow.org believes success is possible only through a well - planned and sustained collaboration that includes the broadest spectrum of advocates.In addition, FundEducationNow.org is currently a plaintiff suing the Florida Legislature for failing to perform its «paramount duty» to provide a free, high quality, safe, efficient and uniform system of public education as required by Article IX, section 1 of the Florida Constitution.

Starbucks, while declining to discuss specifics, denied the allegations and said video evidence «clearly contradicts the claims made by the plaintiff... While we are sympathetic to Ms. Salas - Solano and the injuries she sustained, we don't have any reason to believe our partner (employee) was at fault.»

[21] As a result, the plaintiff claims I / Land failed to properly train its agents in selecting adequate parts and negligently selected, purchased and installed a defective toilet hose pipe which lacked CSA certification, violated the OBC, and, without question, caused the damage sustained.

After reviewing the medical records of the plaintiff but without performing a physical examination on him, the defendant's expert offered a report that concluded the plaintiff's injuries were likely the result of a pre-existing condition, rather than the injuries sustained on the defendant's property, as the plaintiff alleges.

While the plaintiff's son was a resident of the home, he was attacked by another resident with a blunt object and subsequently died from the injuries he sustained in the attack.

Once an injured plaintiff has proven the duty, breach, and causation elements of negligence, then the plaintiff must prove the amount, nature, and extent of damages sustained.

The plaintiff allegedly sustained personal injuries after she slipped and fell aboard the defendant's ship.