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Click the following link to view: Closing Argument The following transcript is from a jury trial involving a damages claim that the plaintiff had suffered a serious neck and back injury, and also suffered a serious knee injury. I argued that plaintiff suffered nothing more than a whiplash injury and knee contusion. The closing argument, from pages 31-53,  illustrates the points that


The spinal canal is an open space in which the spinal cord and nerves travel down the spine. I like to think of the canal as a tube. Often, on an MRI, a Radiologist will interpret the study as showing “spinal stenosis”, which means that something is encroaching into the tube, or narrowing the tube. There are many things that

Expert Designation-Text

After the setting of the initial trial date for the action, any party may obtain discovery by demanding that all parties simultaneously exchange information concerning each other’s expert trial witnesses to the following extent: (a) Any party may demand a mutual and simultaneous exchange by all parties of a list containing the name and address of any natural person, including

Product Liability-Product vs. Services

Strict liability has been extended to all those engaged in the overall producing and marketing enterprise, including distributors, wholesalers and retailers. California courts have traditionally maintained a distinction between those rendering services and those selling products, holding that those providing services are not subject to strict liability but may be liable only on the basis of negligence or intentional conduct.

Product Liability-Tire Failure

The mere fact of a tire failure alone does not create an inference of negligence. See, Fuller v. Sears, Roebuck & Co., supra.  There, plaintiffs claimed personal injuries and other damages as a result of a single vehicle tire blow-out. Plaintiffs brought a negligence action against Sears, who sold the tires. In concluding that the  blow-out alone did not create

Toxic Tort-Statute of Limitations

Code of Civ. Proc., § 340.8 provides that the statute of limitations for personal injury actions based on exposure to toxic substances is two years from either the date of injury or the date the plaintiff becomes aware of, or reasonably should become aware of 1) an injury; 2) the physical cause of the injury; and 3) sufficient facts to

Anti-Slapp Motions

The “anti-SLAPP” (Strategic Lawsuit Against Public Participation) statute, found at Code of Civil Procedure § 425.16 et seq., promotes the constitutional rights of persons in the position of Defendant who exercised her right to “petition for redress of grievances” by obtaining and seeking to admit as evidence video of Plaintiff walking with unleashed dogs in the neighborhood.  Recognizing that  lawsuits,

Liquor Liability

Business and Professions Code, § 25602 provides immunity to any person who sells or furnishes any alcoholic beverage for injuries caused by an intoxicated individual, as follows: “(a) Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any habitual or common drunkard or to any obviously intoxicated person is guilty

Criminal Acts of Third Parties-Duty of Care

As a general rule, there is no duty to protect others from the conduct of third parties. Nevertheless, the courts have carved out an exception to this general rule when the “defendant stands in some special relationship to either the person whose conduct needs to be controlled or in a relationship to the foreseeable victim of that conduct. Delgado v.

998 Offers-Text

(a) The costs allowed under and 1032 shall be withheld or augmented as provided in this section. (b) Not less than 10 days prior to commencement of trial or arbitration (as provided in Section 1281 or 1295) of a dispute to be resolved by arbitration, any party may serve an offer in writing upon any other party to the action

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