The concept of duty has been addressed elsewhere on this site on the Premises Liability page. Although other similar incidents (OSI) doesn’t necessarily serve as the source of a duty that is owed, it may define the extent of the … Continue reading
Cross-Examination of Defense Doctor The cross-examination of the defense doctor who did the defense exam or is appearing for the defense should address several issues. If standard of care is an issue then see the page dealing with that. Also … Continue reading
These exams must be done by a neuropsychologist who is a licensed clinical psychologist i.e. a health care provider. Rule 4:10 requires such. The exams are a number of tests. They may be given orally by the examiner. Some are … Continue reading
Brain injury experts may be either neurologists, neurosurgeons, physical medicine doctors or neuropsychologists. The proposed cross examination below is designed for the first three. Cross of a neuropsychologist must be further refined to avoid the chance of the witness giving … Continue reading
The concepts of vicarious liability and scope of employment are related. However they are not identical. If one is within the scope of employment then there will be vicarious liability. Vicarious liability however does not always involve scope of employment … Continue reading
Successor liability claims are based upon the idea of one entity/individual acquiring assets of a seller resulting in the seller avoiding to have to pay a creditor. The successor does not intend to assume liability. However that is the result … Continue reading
The Virginia Dead Man’s Statute is misnamed. It really doesn’t apply just to dead men. Rather it applies to cases where a person is not able testify. Being unable to testify may be a result of injury, amnesia, treatment, medication … Continue reading
An estoppel is an act or statement by one party which causes another to change position to their loss. Not all of those elements must be present for every type of estoppel. If you have ever been a tenant … Continue reading
Contributory Negligence Bar-Substantial Fault Contributory negligence is an affirmative defense. What that means is that the defense must be raised in a pleading. The exception to that is where the plaintiff’s own evidence gives rise to this defense. In that … Continue reading
Collateral Source Cases-Tort The collateral source rule is a rule of evidence. It should be called the source of payment rule. It says that any collateral or side payment made to the plaintiff is not admissible. In other words a … Continue reading
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