[Download] "Bettencourt v. Pride Well Service" by Supreme Court of the United States # eBook PDF Kindle ePub Free

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eBook details

• Title: Bettencourt v. Pride Well Service
• Author : Supreme Court of the United States
• Release Date : January 17, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

The question which we must address in this case is whether a summary judgment appropriately may be entered against an injured person who is afflicted with traumatic amnesia and for that reason is unable to specify what act or omission caused his injury. The district court held that there was no genuine issue of material fact in this case and that the several defendants were entitled to summary judgment as a matter of law because proximate cause, one of the elements of a cause of action for negligence, could not be established through the testimony of the injured person or others. The district court concluded that in the absence of such evidence causation became a matter of speculation or - Page 723 conjecture. We conclude that there is present a genuine issue of material fact relating to causation which arises out of permissible inferences to be drawn by the finder of fact. The summary judgment for defendants is reversed.

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