The reasonable medical probability standard for expert testimony applies only to the party bearing the burden of proof on the issue that is the subject of the opinion and the party without the burden of proof can suggest alternative causes, or the uncertainty of causation, to less than a reasonable medical probability.
Cases of Interest
During the voir dire procedure, a trial court has discretion to restrict the content of a brief opening statement or to disallow a brief opening statement if it contains objectionable matter, despite the phrase “shall allow a brief opening statement” in California Code of Civil Procedure section 225.5(d).
Impairments while recovering from surgery could qualify as a “disability” despite being short-term because there are no categorical temporal limitations for disabilities under the Americans with Disabilities Act.
Drivers parking alongside freeways are not exempt from the duty of drivers to exercise ordinary care for others in their use of streets and highways.
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A school district does not have a duty to review alarm data and video recordings in order to constantly monitor all teachers, students, and campus visitors nor is a duty owed to monitor a specific teacher and student, unless the District knows or should have known of improper conduct, because imposing such a duty would be unreasonable.