Case Law
This case law explains liability phase of bifurcated trial in regards to affirmative defense. Explain this phase and name case law
What is Aguayo v. Steinway. "The question posed to the jury when a comparative negligence defense is raised is whether the plaintiff’s own negligence was a 50% or greater causal factor in his injuries. If a plaintiff’s negligence is a 50% or greater factor, then no liability can be had."
This stipulation establishes that Skylar Sinclair died as a result of his necktie being entangled on the pinsetter machine.
What is Stipulation 2?
This trial is bifurcated.
What is yes?
Devon Harris has this job title at Glenbauer CC.
What is Executive Mananger?
Heisman was kicked out of Glenbauer CC.
What is no?
This stipulation establishes that Skylar Sinclair did NOT die of suicide.
What is Stipulation 6?
This is the definition of a bifurcated trial.
This witness works for this company and is testifying for them.
What is Neiman and BMF?
Kissner calls himself a mechanic.
What is no?
This case makes a ruling on "trial by ambush," reversing Kane v. Mars on the basis that experts do not need to include every underlying fact from a specific document so long as they disclosed that they relied on document for their findings, etc.
What is Aggarwal v. Somani?
All objections to this Exhibit is waived per Stipulation 13.
What is Exhibit 1, the autopsy of Skylar Sinclair?
This person is suing Glenbauer Country Club on behalf of Skyler Sinclair.
Who is Morgan Carter?
This witness hears Harris say "I knew this was going to happen"
Who is Donny Walsh?
This pull up was born in a similar state that Skylar Sinclaire died (asphyxiated)
Who is Jeannine? (We are happy you are here today)
This case law ruled that if a witness is unable or unwilling to respond to proper questions on question, then their entire testimony must be stricken.
What is Moore v. Campbell?
This stipulation establishes that at all relevant times until March 2024, Max Heisman was a club member at Glenbauer CC.
What is Stipulation 11?
This judge ruled that this case could be bifurcated
This witness testified to seeing Sinclaire working both bar and machine, and is testifying as part of their application...
Who is Cameron Bass?
This pull up met big time rush
Who is Nicole?
Aronsohn v. JT's Sandwiches, LLC.
What is, "If a plaintiff’s actions are foreseeable in response to a defendant’s negligence, they do not break the chain of causation—even if the plaintiff's actions are themselves negligent. In such a case, the plaintiff’s negligence, if any, must be argued as an affirmative defense of comparative negligence. If, however, a plaintiff’s actions are so reckless or unforeseeable that they could not be reasonably anticipated by the defendant, then the defendant may argue that the plaintiff’s actions break the chain of causation."
Stipulation 16 says this about operating a motor vehicle impairs (law section and content within necessary).
Pursuant to Midlands Vehicle and Traffic Law Section 1192(2), the operator of a motor vehicle is impaired per se by the consumption of alcohol (ethanol) when his or her blood alcohol content (BAC) is equal to or greater than .08 g/100ml.
This was the ruling on concerns that any mention of BMF's liability means that defendant cannot or should not be held liable on a theory of double recovery.
What is both parties are correct that the settlement is irrelevant as to liability. Defense is correct that evidence of the settlement may be relevant to the motivation and bias of a potentially testifying witness?
Kraus is being paid this amount for his testimony on behalf of who.
$120/hr for Glenbauer CC
This is the full meaning of Edward Lee's Korean name.
What is 'to shine brightly'?