Last updated: 4/8/2013
402.2 Summary of Claims
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Description
402.2 Summary of Claims The claims [and defenses] in this case are as follows. (Claimant) claims that (defendant) was negligent in (describe alleged negligence) which caused [him] [her] harm. (Defendant) denies that claim [and also claims that (claimant) was [himself] [herself] negligent in (describe the alleged comparative negligence) which caused [his] [her] harm]. [Additionally (describe any other affirmative defenses).] The parties must prove all claims [and defenses] by the greater weight of the evidence. I will now define some of the terms you will use in deciding this case.
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402.12b Issues on Claim of Attorney Malpractice Arising Out of Civil Litigation - Negligence of Defendants Counsel
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402.13 Burden of Proof on Main Claim
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402.14 Defense Issues
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402.15 Burden of Proof on Defense Issues
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402.2 Summary of Claims
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402.3 Greater Weight of the Evidence
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402.4a Medical Negligence - Negligence (Physician Hospital or Other Health Provider)
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402.4b (1) Medical Negligence - Negligence (Treatment Without Informed Consent) - Consent Obtained Irregularly
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402.4b (2) Medical Negligence - Negligence (Treatment Without Informed Consent) - Insufficient Information
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402.4c Medical Negligence - Foreign Bodies
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402.4d Medical Negligence - Failure to Make or Maintain Records
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402.4e Medical Negligence - Res Ipsa Loquitur
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402.5 Other Professional Negligence
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402.6 Legal Cause
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402.7 Legal Cause (Treatment Without Informed Consent)
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402.8a Preemptive Charges - Duty to Use Reasonable Care
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402.8b Preemptive Charges - Vicarious Liability
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402.8c Preemptive Charges - Negligence
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402.8d Preemptive Charges - Directed Verdict on Liability
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402.9a (1) Preliminary Issues - Vicarious Liability - Agency - Independent Contractor and Exceptions
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402.9a (2) Preliminary Issues - Vicarious Liability - Agency Without Claim of Independent Contractor
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402.9b Preliminary Issues - Vicarious Liability - Joint Venture
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