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MEDICAL NEGLIGENCE; NEGLIGENCE; NEGLIGENT MISREPRESENTATION; SUMMARY JUDGMENT; MOTION FOR A NEW TRIAL; LEARNED INTERMEDIARY DOCTRINE; DIRECTED VERDICT; EXPERT WITNESS; ABUSE OF DISCRETION; STANDARD OF CARE; EVID.R. 701; CAUSATION; JURY INSTRUCTIONS; NON-DELEGABLE DUTY; INDEMNIFICATION; ACTIVE NEGLIGENCE; PASSIVE NEGLIGENCE; HEARSAY; HARMLESS ERROR; CUMULATIVE EVIDENCE.
MEDICAL MALPRACTICE; BIRTH INJURY; DIRECTED VERDICT; PROXIMATE CAUSE; CIV.R. 50(A)(4); ACTIVE NEGLIGENCE; PASSIVE NEGLIGENCE; INDEMNIFICATION; JOINT TORTFEASOR; CROSS-EXAMINATION; EXPERT TESTIMONY; DAMAGES; MANIFEST WEIGHT; CIV.R. 59(A)(6); PREJUDGMENT INTEREST; R.C. 1343.03.
... numerous acts, including the active negligence of the indemnitee, in this case the crane operator... protection for the crane operator's passive negligence; however, it would not provide protecti...
..., rather than active assistance or passive negligence on the part of the financial institutio...
... numerous acts, including the active negligence of the indemnitee, in this case the crane operator... protection for the crane operator's passive negligence; however, it would not provide protecti...
... Arnold sued for breach of contract and negligence. The district court concluded as a matter of law t... concurrent or gross, active or passive, negligence or other fault of the ind...
... the defendants' individual and joint negligence. Petitioner cross-claimed against the United State... was negligent at all, its negligence was passive, while the negligence of the United States was act...
... then brought an action against BOC for negligence, product liability, and breach of warranty. BOC in...'s liability was based on secondary or passive negligence as illustrated by the first two alterna...
... overruns due to poor management or negligence on the part of the developer, who eventually refus... only where a party is liable because of passive negligence, “i.e., liability that the law impose...
... or affirmative negligence rather than passive negligence; . Conduct so arbitrary it reflects com...
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