Topic: a plaintiff bears the ultimate burden of proof at trial on … · Go Syfert
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Topic #32444

4 canonical passages across 3 cases, quoted by 12 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 Gaida-Newman v. Holtermann.

#Case FlagCanonical passage Citers
1 Gaida-Newman v. Holtermann Anchor
nyappdiv · 2006
green “a plaintiff bears the ultimate burden of proof at trial on the issue of conscious pain and suffering, on a motion for summary judgment the defendant bears the initial burden of showing that the decedent did not endure conscious pain and suffering” 3
2 Johnson v. UniFirst Corp.
nyappdiv · 2011
green “in all but the most unusual circumstances, the adequacy of a warning is a question of fact' to be determined at trial” 3
3 Barbuto v. Winthrop University Hospital
nyappdiv · 2003
green “presented a credibility battle between the parties' experts, and issues of credibility” 3

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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