· 6/4/2010
Zuckerman Ex Rel. Zuckerman v. Coastal Camps, Inc.
Citations
- 716 F. Supp. 2d 23
- 2010 U.S. Dist. LEXIS 55754
- 2010 WL 2301145
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that summary judgment was inappropriate because there were questions of material fact regarding the applicability of a statutory exception to immunity from liability for equine activities
- concluding that summary judgment was inappropriate because there were questions of material fact regarding the applicability of a statutory exception to immunity from liability for equine activities
- “When the adequacy of the foundation for the expert testimony is at issue, the law favors vigorous cross-examination over exclusion.” (internal quotation marks omitted)
- where “adequacy of the foundation for the expert testimony is at issue, the law favors vigorous cross-examination over exclusion”
- “[T]he inherent risks to equine activities listed in the statute pertain to the unpredictable nature of equine behavior, the unpredictable conduct of other individuals, and certain natural hazards . . . .” (quotation marks omitted)
- “[The expert] was not present at the scene of the accident, and is not in a position to say precisely what happened. Her opinion is necessarily dependent upon the Plaintiff’s ability to prove at trial the facts upon which her opinion depends”
Source: CourtListener parenthetical corpus (CC0).
Judges: Woodcock
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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