Topic: if the facts are undisputed and only a legal interpretation… · Go Syfert
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Topic #10105

7 canonical passages across 6 cases, quoted by 37 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Board of County Commissioners v. Risk Management Division.

#Case FlagCanonical passage Citers
1 Board of County Commissioners v. Risk Management Division Anchor
nm · 1995
green “if the facts are undisputed and only a legal interpretation of the facts remains, summary judgment is the appropriate remedy.” 6
2 Lopez v. Southwest Community Health Services
nmctapp · 1992
green “in a medical malpractice case, because of the technical and specialized subject matter, expert medical testimony is usually required to establish departure from recognized standards in the community.” 6
3 Schindel v. Albany Medical Corp.
illappct · 1993
green “it is the urgency of the danger involved and the likelihood and extent of harm to the plaintiff which would dictate the extent of the defendant's duty to notify the plaintiff.” 5
4 Seeds v. Lucero
nmctapp · 2005
green “the burdens imposed in comparative negligence cases where the parties must deal with evidence of the negligence of non-party tortfeasors” 5
5 Gould v. New York City Health & Hospitals Corp.
nysupct · 1985
green “if a hospital's employee's acts require professional skill and judgment, then the complaint sounds in malpractice for which the hospital may be held liable. otherwise, the triers of fact are presented with issues of ordinary negligence.” 5
6 Morgan v. Laboratory Corp. of America
massappct · 2006
green “moreover, . . . the reporting responsibility lay with the defendant's administrator, whose job functions required no special training or skill comparable to that of a physician or other licensed professional.” 5
7 Morgan v. Laboratory Corp. of America
massappct · 2006
green “breached the proper standard of care.” 5

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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