Safety and Health Reporter

Other Similar Incidents
Brien Roche

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 …

Sexual Abuse Claims

Brien Roche
Factors To Look At In Sexual Abuse Claims
Children are the most frequent victims of abuse. They need to be protected. The predators who engage in sexual abuse are indeed predators. They …

Cross-Examining Defense Medical Experts

Brien Roche
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 …

Neuropsychological Exams

Brien Roche
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. …

Cross Examining Brain Injury Experts
Brien Roche

Brain injury experts may be either neurologists, neurosurgeons or neuropsychologists.  The proposed cross examination below is designed for the first two. Cross of a neuropsychologist must be further refined to avoid …

Vicarious Liability
Brien Roche

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 …

Successor Liability
Brien Roche

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 …

Dead Man’s Statute

Brien Roche
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. …

Estoppel

Brien Roche
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 …

Contributory Negligence Bar

Brien Roche
Contributory Negligence Bar-Substantial Fault

Contributory negligence is an affirmative defense. What that means is that the defense must be raised in a pleading. …

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