Brien Roche
There is no question that a picture is worth at least 1,000 words. It may be worth 10,000 words. Frequently you don’t have a picture with you when you’re trying …
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 …
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. …
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 …
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. …
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 …
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. …
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 …
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. …
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 …