Introduction It sounds like trite advice to hear that a party must put their best foot forward on a motion for summary judgment. It is hard to believe this warning could ever be considered overused and consequently of little import, and therefore ignored. However, it continues to happen and most surprisingly by both plaintiffs and […]
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Professional Negligence: The Standard of Care Expert Evidence on a Summary Judgment Motion
The tort of negligence requires a plaintiff to allege and prove four elements. They are 1) a duty of care, 2) a breach of the standard of care, 3) injury caused by the breach and finally, 4) the damages suffered as a result. In many cases, some or all of these elements are obvious and […]