Monday, July 20, 2015

Circumstantial evidence of negligence.

Practice point:  To establish a prima facie case based on circumstantial evidence, plaintiff must show facts and conditions from which it may reasonably inferred that defendant was negligent and that the negligence caused the accident. Plaintiff's proof need not positively exclude every other possible cause of the accident. Instead, plaintiff''s proof must render those other causes sufficiently remote or technical so that a jury may reach its verdict based not upon speculation, but upon the logical inferences to be drawn from the evidence.

Student note:  The standard of proof is that it is more likely or more reasonable that the alleged injury was caused by the defendant's negligence than by some other agency.

Case:  Hernandez v. Alstom Transp., Inc., NY Slip Op 05911 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue:  Summary judgment in an employment discrimination action.