Surely You Can't Be Serious (Injury)
It's "Evidentiary" My Dear Watson
Answer in the "Affirmative" (Defense)
Trials and Tribulations
Potpourri: Things You "Auto" Know
100

This is the number of ‘serious injury’ categories under NY No Fault Law.

What is 9?

100
To be used, photographs must be. 

What is authenticated by someone with personal knowledge?

100

NY: This Affirmative Defense allows a defendant to get an offset for money plaintiff receives from other sources (that plaintiff does not have to pay back) to avoid paintiff getting reimbursed twice?

What is Collateral Source?

100

Failure to preserve key evidence can result in this type of jury instruction? 

What is an adverse inference charge?

100

It should surprise no one that this Staff Counsel Manager was a dual major in college: theater and political science. 

Who is Eric Feldman? 

200

Death, dismemberment, significant disfigurement and this type of injury are among the No Fault serious Injury categories that do not require proof of duration?

What is fracture?

200

This Federal Case has become synonymous with the rule that an expert may only testify to opinions based on generally accepted standards in the scientific or medical communities.  

What is Frye?

200

In NJ, a defendant found 40% at fault is liable for 100% of economic damages – true or false.  

What is False?

200

This jury charge allows jurors to assume plaintiff was not truthful. 

What is Falsus in Uno

200

Grease is the word for this AL UM who bought the album as their first. 

Who is Dennis Schaff?

300

Under AICRA, this election limits a plaintiff’s ability to recover for pain and suffering unless they prove a qualifying injury.

What is the Limitation on Lawsuit (“Verbal”) threshold?

300

This Doctrine named after a 1948 case permits a lower standard of proof when and accident results in an injury that has affected plaintiff’s memory.  

What is Noseworthy?

300

NY: This Affirmative Defense allows a jury to consider that plaintiff did not take the proper steps to care for themselves after they were injured and to adjust damages accordingly. 

What is failure to mitigate? 

300

In NY, not calling an expert at trial can result in this. 

What is a Missing Witness Charge?

300

These two jet-setting staff counsel managers have each visited 5 continents (though not the same 5). 

Who is Mike M and Nicole L?

400

These are the 6 injury categories applicable to the verbal threshold currently.

What is Death, Dismemberment, Significant disfigurement/scarring, Displaced fractures; Loss of a fetus; or permanent injury (excluding scarring/disfigurement) that will not heal to function normally with further medical treatment?

400

An out-of-court statement offered for the truth of the matter asserted is this.

What is hearsay?

400

In NJ, a violation of a motor vehicle statute is evidence of negligence, but not this. 

What is negligence per se?

400

In NY, this defense theory excuses a defendant driver's negligence if they are faced with an unexpected this that they did not create. 

What is the Emergency Doctrine? 

400

This leader really "nailed it" when they became one of the first managers hired into Home Depot's Management Training Program, proving they had the right "tools" for success.

Who is Aimee Mourtzanakis?

500

This is the medical instrument doctors use to measure range of motion. 

What is a goniometer?

500

Punitive damages in NJ generally require proof of this level of conduct.

What is clear and convincing evidence of actual malice/intent to harm, or wanton and willful disregard for the safety of others?

500

NY: This Affirmative Defense ensures that a plaintiff’s own wrongdoing gets considered by the jury and that defendant is not held responsible for same.  

What is comparative negligence?

500

In NJ, this doctrine allows a jury to infer negligence when an accident is of a kind that ordinarily does not occur without negligence and the instrumentality was under the defendant’s control.

What is res ipsa loquitur?

500

Thank goodness there was no Thelma and Louise moment for this SC Manager who was once on a plane with Susan Sarandon. 

Who is Annemarie Dempsey? 

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