To recover under a negligence theory, the Plaintiff must prove four elements: (1) that defendant owed him a duty of care; (2) that defendant breached this duty of care; (3) that the breach was the legal cause of plaintiff’s injury; and (4) that the Plaintiff suffered damages. Duty Generally, a person […]
We have learned that the defense can beat us, plaintiff’s lawyers, with the tools of ambiguity and confusion. When the defense relies on murky concepts such as “reasonable standard of care” and we fail to define what “reasonable” is, we lose in trial. Thus it is incumbent upon us to define what that reasonable […]
The first lawyer I know of to use this phrase was the great Moe Levine. Moe would consistently tell the jurors that they are in fact the conscience of the community. Given this title it was left to the jurors to determine what is right and what is wrong. The jurors, acting as the […]
Medical malpractice is negligence committed by act or omission on the part of a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with the great majority of cases involving medical error. In medical malpractice […]
The Voire Dire process is of huge importance in the plaintiff’s personal injury context. To this end, you need to push for the most expansive voire dire process available. Judges have wide discretion as to how to run their courtrooms and as to the process of voire dire within their court rooms. Given this […]
This short blog/article was written primarily for my own, Eric Roy’s, benefit. For a more authoritative and comprehensive explanation of the matter I refer you to the Nevada Civil Practice Manual. Here I briefly discuss rules regarding Judgment as a Matter of Law as well as a few rules regarding Jury Instructions. […]
