Clark v. Ross

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding the trial court erred in awarding attorney’s fees and expenses based on an unserved affidavit without affording the opposing party the opportunity to question the affidavit and the information it contained
• holding the trial court, in a medical malpractice action based on the failure to diagnose and treat Rocky Mountain Spotted Fever, committed no error in admitting statistical evidence concerning the correlation between the survival rate and the promptness of treatment
• “[T]he admission in evidence of inadmissible hearsay affords no basis for reversal where the out-of-court declarant later testifies at trial and is available for cross-examination.”
• \[T]he admission in evidence of inadmissible hearsay affords no basis for reversal where the out-of-court declarant later testifies at trial and is available for cross-examination.\
• a reversal is not warranted where evidence erroneously admitted is merely cumulative
• Ordinarily, the question of proximate cause is one of fact for the jury and trial judge’s sole function regarding the issue is to inquire whether particular conclusions are the only reasonable inferences that can be drawn from the evidence.

Source: CourtListener parenthetical corpus (CC0).