Holding Plaintiff had failed to introduce sufficient evidence to support a jury

Holding plaintiff had failed to introduce sufficient

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Holding Plaintiff had failed to introduce sufficient evidence to support a jury finding that a negligently caused cut on the plaintiffs forehead had caused the plaintiff to develop cancer. Based on the evidence from the expert witnesses the jury could not find hat more likely than not the cancer was caused by the defendants conduct (1-in-100 is not enough). Misc Also, because the case involved a complex medical question the jury could not rely on common knowledge to remedy the deficiency in expert testimony, and the award of damages for cancer was reversed. 87
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Torts 1 Outline Important Don’t take wrong idea from Reynolds and Kramer o Wrong that the defendants conduct multiplied it so much that it was more likely than not that it would occur o These 2 cases are dealing with different issues o Reynolds the defendants conduct can never be a substantial factor unless the chances of the harm to the plaintiff have increased As to how much they have to be multiplied, where they have to rse to the level that they make an indispensable contribution to the harm o Kramer stands for the proposition that when you look at the evidence, it has to show that more likely than not that the defendants acts were a substantial factor 1 in 100 isnt a substantial factor o Don’t confuse the substantial factor (but for) with the evidentiary standard of substantiality Saelzer v Advanced Group 400 Facts plaintiff was an employee at fedex. She went to defendants property to deliver a package. She went through a gate that had been propped open and saw several young men. There was no daytime security. When she went to leave, 3 men confronted her and beat her and attempted to rape her. Plaintiffs contend that the defendants knowing that dangerous persons frequented the premises, failed to maintain the premises in a safe condition, failed to provide adequate security, and failed to warn others of unsafe conditions. Plaintiff offered no evidence as to the identity of the assailants, whether they were trespassing, or whether they were tenants. Defendants knew of unsavory people who lived there. There evidence the area is high crime and criminal activity in the complex, defendants knew. Plaintiff brought expert who testified it would not have happened if there had been daytime security and a better effort to keep gates in repair. Rule Expert’s testimony cannot speculate on causation but must be rooted in evidence. Holding Testimony was too speculative and couldn’t support a finding of factual causation because the plaintiff could not identify her assailants. Absent identification, it could not be said that the attack was more likely than not perpetrated by intruders, rather than by other tenants who had been responsible for a substantial4 number of incidents and disturbances at the complex Misc While it may be true that the daytime security or better effort to keep gates closed may have kept this
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  • Spring '08
  • Hogshead

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